Land Transport (Enforcement Powers) Amendment Act 2009

1: Title
This Act is the Land Transport (Enforcement Powers) Amendment Act 2009
2: Commencement
1: Sections 9 10 17 20 21 40(2)
2: Sections 4(2) and (3) 5 13 to 16 34 39(2)
3: The rest of this Act comes into force on 1 December 2009. Section 2(1) amended 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
3: Principal Act amended
This Act amends the Land Transport Act 1998 OIC Land Transport Act 1998 ss 9, 10, 17, 18, 20 and 21 2009-11-01 Land Transport Act 1998 ss 4(2) and (3), 5, 13 to 16, and 34 2009-12-01 Land Transport Act 1998 ss 4(1), 6, 7, 8, 11, 12, 19, 22 to 33, 35, 36
1: Amendments to Land Transport Act 1998
4: Interpretation
1: Section 2(1) cruising
a: draws attention to the power or sound of the engine of the motor vehicle being driven; or
b: creates a convoy that—
i: is formed otherwise than in trade; and
ii: impedes traffic flow qualifying bylaw section 22AB(1)(b)
a: restricting or placing conditions on the racing of motor vehicles or any associated activities:
b: controlling or restricting cruising or any associated activities Registrar .
2: Section 2(1) controlled drug
3: Section 2(1) qualifying drug
a: means any substance, preparation, mixture, or article containing—
i: a controlled drug specified in Schedule 1 (except thalidomide), Schedule 2, or Part 1, 4, or 7 of Schedule 3 of the Misuse of Drugs Act 1975; and
ii: any of the following drugs:
A: Alprazolam:
B: Bromazepam:
C: Brotizolam:
D: Camazepam:
E: Chlordiazepoxide:
F: Clobazam:
G: Clonazepam:
H: Clotiazepam:
I: Cloxazolam:
J: Delorazepam:
K: Diazepam:
L: Estazolam:
M: Ethyl loflazepate:
N: Fludiazepam:
O: Flunitrazepam:
P: Flurazepam:
Q: Halazepam:
R: Haloxazolam:
S: Ketazolam:
T: Loprazolam:
U: Lorazepam:
V: Lormetazepam:
W: Medazepam:
X: Midazolam:
Y: Nimetazepam:
Z: Nitrazepam:
ZA: Nordazepam:
ZB: Oxazepam:
ZC: Oxazolam:
ZD: Pinazepam:
ZE: Prazepam:
ZF: Temazepam:
ZG: Tetrazepam:
ZH: Triazolam; and
b: includes—
i: any controlled drug analogue (within the meaning of controlled drug analogue in section 2(1) of the Misuse of Drugs Act 1975); and
ii: any prescription medicine; but
c: excludes any substance, preparation, mixture, or article specified in paragraph (a) or (b)(i) .
5: Persons may not drive or attempt to drive while impaired and their blood contains evidence of use of controlled drug or prescription medicine
1: The heading to section 11A is amended by omitting controlled drug or prescription medicine qualifying drug
2: Section 11A is amended by repealing paragraph (b) and substituting the following paragraph:
b: that person's blood contains evidence of the use of a qualifying drug.
6: Drivers and other road users to comply with directions of enforcement officers, etc
Section 13
1AA: A person driving a motor vehicle that has a warning notice given under section 22AE
7: Persons not to engage in unauthorised street or drag racing, or other related prohibited activities on roads
Section 22A
3A: A person may not, without reasonable excuse, operate a motor vehicle on a road in a manner that contravenes a bylaw made under section 22AB or 22AC
8: New heading and sections 22AB to 22AF inserted
The following heading and sections are inserted after section 22A Bylaws
22AB: Road controlling authorities may make certain bylaws
1: A road controlling authority may make any bylaw that it thinks fit for 1 or more of the following purposes:
a: controlling, restricting, or prohibiting cruising, including (but not limited to)—
i: specifying the section of road or roads on which cruising is controlled, restricted, or prohibited:
ii: prescribing the period of time that must elapse between each time a driver drives on a specified section of road for the driver to avoid being regarded as cruising:
b: prescribing fines, not exceeding $500, for the breach of any bylaw made under this section.
2: A bylaw made under subsection (1)
a: to all roads, any specified road, or any part of a specified road under the care, control, or management of the road controlling authority making the bylaw:
b: to all vehicles or traffic or to any specified class or classes of vehicles or traffic using a road under the care, control, or management of the road controlling authority making the bylaw:
c: at any specified time or times.
3: A bylaw made under subsection (1)
4: A copy of every bylaw made under this section by a road controlling authority must, within 1 week after being made, be sent by the road controlling authority to the Minister, who may at any time disallow the bylaw or any part of the bylaw under section 22AC
5: Nothing in this section—
a: applies to any railway on, over, or across any road; or
b: limits any provision in this Act or any other Act, or any provision in any rules or regulations made under this Act or any other Act, regarding the regulation of traffic on roads; or
c: limits the power to make bylaws conferred on a road controlling authority under any other Act.
6: In this section, railway
22AC: Minister may amend, replace, or disallow bylaws
1: The Minister may, by notice published in the Gazette section 22AB
a: is inconsistent with any enactment; or
b: is unreasonable or undesirable in so far as it relates to or may affect traffic.
2: On any disallowance under subsection (1)
3: Any disallowance under subsection (1) Gazette
22AD: Consultation
1: A road controlling authority that is a local authority may not make a bylaw under section 22AB
2: A road controlling authority that is not a local authority may not make a bylaw under section 22AB
a: the occupiers of any properties adjoining the road to which the proposed bylaw would apply; and
b: any affected road controlling authorities that are responsible for roads that join, or are located near, the road to which the proposed bylaw would apply; and
c: the territorial authority for the area where the road is located; and
d: any affected local community; and
e: the Commissioner of Police; and
f: any other organisation or road user group that the road controlling authority considers affected; and
g: the Agency (if the road controlling authority is not the Agency).
3: The road controlling authority must—
a: give notice in writing to the persons specified in subsection (2)
b: give those persons a reasonable time, which must be specified in the notice, to make submissions on the proposal.
22AE: Publication and proof of bylaws
1: As soon as practicable after a bylaw is made, the road controlling authority must give public notice of the making of the bylaw, stating—
a: the date on which the bylaw comes into force; and
b: that copies of the bylaw may be inspected and obtained at the office of the relevant road controlling authority on payment of a specified amount.
2: A road controlling authority must—
a: keep copies of all its bylaws at the office of the road controlling authority; and
b: make its bylaws available for public inspection, without fee, at reasonable hours at the office of the road controlling authority; and
c: supply to any person, on request and on payment of a reasonable charge, a copy of any of its bylaws.
3: The production of any document purporting to contain a printed copy of any bylaw made under section 22AB
22AF: Warning notices
1: If a motor vehicle is operated in a manner that breaches a qualifying bylaw, an enforcement officer may attach a warning notice to the motor vehicle (instead of, or in addition to, issuing an applicable infringement notice).
2: The warning notice must be—
a: in the form prescribed by the Minister of Police by notice in the Gazette
b: attached to the motor vehicle subject to the warning notice in a manner that—
i: is visible; but
ii: does not interfere with the driver's view of the road.
3: A warning notice attached to a motor vehicle under subsection (1)
a: is in effect for a period of 90 days from the date of its attachment; and
b: must remain attached to the motor vehicle for that period.
9: Certain driver licences have no effect
Section 9 repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
10: Driver licences are property of Agency and are to be surrendered in certain circumstances
Section 10 repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
11: New section 36AB inserted
The following section is inserted after section 36A
36AB: Contravention of sections 7 and 114
If a person commits an offence specified under section 35 or 36 in a manner that contravenes sections 7 and 114, a court, in sentencing or otherwise dealing with the person for the offence, must treat the contravention of section 114 as an aggravating factor.
12: Contravening notices, requirements, etc, given or imposed by enforcement officers
Section 52
3: If a person is convicted of an offence against section 114 and has previously been convicted of an offence against section 114 or, while failing to comply with section 114, exceeded the applicable speed limit or operated a motor vehicle in an otherwise dangerous manner, a court must order the person to be disqualified from holding or obtaining a driver licence for 3 months.
4: If a person is convicted for a third or subsequent offence against section 114,—
a: the maximum penalty is imprisonment for a term not exceeding 3 months; and
b: the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year.
5: A disqualification ordered under subsection (3) or (4)
6: A person commits an offence if the person fails or refuses to provide information or provides false information with respect to any request for information made by an enforcement officer under section 118.
7: The maximum penalty on conviction for an offence against subsection (6)
8: If a person removes, obscures, or makes indistinguishable a warning notice attached to a motor vehicle while the notice is in effect, the person commits an offence and is liable on conviction to a fine not exceeding $10,000.
13: Driving while impaired and with blood that contains evidence of use of controlled drug or prescription medicine
1: The heading to section 57A controlled drug or prescription medicine qualifying drug
2: Section 57A(1) is amended by repealing paragraph (b) and substituting the following paragraph:
b: the person's blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of a qualifying drug.
14: Causing injury or death in circumstances to which section 61 does not apply
Section 62(1B)
c: the person's blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of a qualifying drug.
15: Defences
1: Section 64(1A) controlled drug or prescription medicine qualifying drug
2: Section 64(1A)(a)(ii) drug or medicine qualifying drug
16: Circumstances in which certificate not admissible in proceedings
Section 79(4)(e) controlled drug or any prescription medicine qualifying drug
17: Effect of disqualification
Section 17 repealed 10 May 2011 section 47 Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
18: New sections 82A and 82B inserted
Section 18 repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
19: Holder to undergo approved tests or courses if disqualified for more than 1 year
Section 83(1)(b) or endorse the existing licence
20: New licence or endorsement to be issued if disqualified driver qualifies for specified vehicle classes
Section 20 repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
21: Suspension of licence or disqualification from driving under demerit points system
Section 21 repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
22: Vehicle seized and impounded for 28 days in certain circumstances
1: Section 96
1AA: An enforcement officer must, if practicable, seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that—
a: the driver operated the vehicle in a manner that breached a qualifying bylaw; and
b: the vehicle is subject to a warning notice attached under section 22AF
2: Section 96(1A) may must, if practicable,
3: Section 96
1AB: An enforcement officer may seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that a person driving the vehicle has failed to stop as signalled, requested, or required under section 114(1) or (2).
4: Section 96(2)(a)(i) name and address full name and full address
5: Section 96
2A: The driver of a motor vehicle seized or impounded under this section must, if requested to do so by an enforcement officer,—
a: provide the driver's—
i: full name; and
ii: full address; and
iii: date of birth; and
iv: occupation; and
v: telephone number; and
vi: driver licence number:
b: provide, if known to the driver and the driver is not the registered person, the registered person's—
i: full name; and
ii: full address; and
iii: date of birth; and
iv: occupation; and
v: telephone number.
6: Section 96
4: Personal property (other than property attached to or used in connection with the operation of the vehicle) present in a motor vehicle at the time of the seizure and impoundment must be released on request to a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved.
4A: Personal property present in a motor vehicle at the time of the seizure and impoundment must be released subsequently to—
a: a bailiff or constable who is executing a warrant to seize property:
b: a person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner's consent to such release.
7: Section 96(6)(a) or (1AA) subsection (1AB) (1A)
23: Impoundment of vehicle used in transport service
1: Section 96A(2)(a)(i) name and address full name and full address
2: Section 96A(2)(a)(ii) name and address full name and full address
3: Section 96A
2A: The driver of a motor vehicle seized or impounded under this section must, if requested to do so by an enforcement officer,—
a: provide the driver’s—
i: full name; and
ii: full address; and
iii: date of birth; and
iv: occupation; and
v: telephone number; and
vi: driver licence number:
b: provide, if known to the driver and different from the driver, the transport service operator’s—
i: full name; and
ii: full address; and
iii: date of birth (if an individual); and
iv: telephone number.
4: Section 96A
4: Personal property (other than property attached to or used in connection with the operation of the vehicle) present in a motor vehicle at the time of the seizure and impoundment must be released on request to a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved.
5: Personal property present in a motor vehicle at the time of the seizure and impoundment must be released subsequently to—
a: a bailiff or constable who is executing a warrant to seize property:
b: a person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner's consent to such release.
24: Storage of impounded vehicles
1: Section 97(3) impounded owner of the
2: Section 97
3A: The fees and charges referred to in subsection (2) are recoverable from the chief executive of the Ministry of Justice by the vehicle recovery service operator or storage provider if an impounded vehicle is seized or confiscated from impoundment under the Summary Proceedings Act 1957 or the Sentencing Act 2002.
3: Section 97
6: The storage provider must immediately comply with—
a: a direction given under this Act to release the vehicle to the owner or a person authorised for the purpose by the owner; or
b: a warrant to seize property executed by a bailiff or constable under section 94 of the Summary Proceedings Act 1957; or
c: a warrant of confiscation under section 132 of the Sentencing Act 2002 executed by a Registrar, bailiff, or constable.
4: Section 97(7) the chief executive of the Ministry of Justice, or a Registrar, The Commissioner,
5: Section 97
8: For the purposes of subsection (7), Registrar
25: Release of vehicle after 28 days
1: Section 98
1: On or after the close of the 28-day impoundment period, the registered person in respect of the vehicle, or a person authorised for the purpose by the registered person, or a bailiff or a constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957, or a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002, is entitled to remove the vehicle from storage by—
a: showing the storage provider proof of identity and either,—
i: in the case of the registered person in respect of the vehicle, or a person authorised for the purpose by him or her, proof of ownership of the vehicle or the owner's copy of the notice of acknowledgement of seizure and impoundment; or
ii: in the case of a Registrar, bailiff, or constable, the warrant; and
b: paying the fees and charges for towage and storage of the vehicle, or entering into an arrangement to pay those fees and charges.
2: Subsection 98(2) subsection (1) is subsections (1), (6), and (7)
3: Section 98(4) dispose of the vehicle and may, with the officer's approval, dispose of the vehicle on such terms and conditions as the officer thinks fit dispose of the vehicle, and any personal property found in the vehicle, and may, with the officer's approval, dispose of the vehicle, and any personal property found in the vehicle, on the terms and conditions that the officer thinks fit
4: Section 98(5) , and any personal property found in the vehicle, vehicle
5: Section 98
6: Before removing a vehicle under subsection (1), a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957, or a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002, must—
a: pay any unpaid fees and charges referred to in section 97(2) related to the vehicle to be removed; or
b: enter into an arrangement with the storage provider for the payment of any unpaid fees and charges that the owner of the impounded vehicle is liable to pay under section 97(2) in relation to the vehicle to be removed.
7: Despite anything in subsections (1) to (6)
a: in the case of a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957, the period during which an impounded vehicle may be seized—
i: begins immediately on the expiry of the applicable 14-day appeal period specified in section 102; and
ii: ends when—
A: the vehicle is released under subsection (1); or
B: the storage provider becomes the owner of the vehicle under subsection (5):
b: in the case of a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the Sentencing Act 2002, the period during which an impounded vehicle may be seized—
i: begins immediately on the impoundment of the vehicle; and
ii: ends when—
A: the vehicle is released under subsection (1); or
B: the storage provider becomes the owner of the vehicle under subsection (5).
26: New heading and sections 98A and 98B inserted
The following heading and sections are inserted after section 98 Prohibiting sale or disposal of motor vehicles
98A: Commissioner may prohibit sale or disposal of certain motor vehicles
1: This section applies if—
a: a person is charged with an offence under this Act or any other enactment that would, if the person is convicted of the offence, permit or require a court to order the confiscation of the person's motor vehicle under the Sentencing Act 2002; and
b: the Commissioner believes, on reasonable grounds in the circumstances, that the court would, if the person is convicted of the offence, order the confiscation of the person's motor vehicle under the Sentencing Act 2002.
2: If this section applies, the Commissioner may prohibit the sale or disposal of the motor vehicle by giving notice in the prescribed form to—
a: the person who is charged; and
b: the registered person of the motor vehicle (if a person other than the person who is charged).
3: A person notified under subsection (2)
a: the motor vehicle specified in the notice:
b: any parts of the motor vehicle specified in the notice.
4: The Commissioner—
a: must cancel the notice given under subsection (2)
i: does not own, or does not have a legal or equitable interest in, the motor vehicle specified in the notice; or
ii: is not convicted of an offence that would permit or require a court to order the confiscation of the person's motor vehicle under the Sentencing Act 2002; or
iii: is convicted of such an offence but a court does not order the confiscation of the person's motor vehicle under the Sentencing Act 2002; or
b: may cancel the notice given under subsection (2)
i: the motor vehicle specified in the notice was stolen or converted at the time the person charged used it in a way that gave rise to the charge; or
ii: the owner of the vehicle specified in the notice took all reasonable steps to prevent the person charged from using the vehicle in a way that gave rise to the charge; or
iii: the Commissioner is satisfied that prohibiting the sale of the motor vehicle specified in the notice would entail undue hardship to the person charged, the owner of the motor vehicle, or any other person.
98B: Appeal of notice to District Court
1: Any person who is given notice under section 98A
2: The court must determine the appeal on 1 or more of the grounds specified in section 98A(4)
3: The court may confirm or cancel the notice.
4: Every notice appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with the notice on the ground that an appeal is pending.
27: Appeal to Police against impoundment of vehicle
1: Section 102(1)
f: if section 96(1A), (1AA) (1AB) 22AF .
2: Section 102(1)
g: if section 96(1A), (1AA) (1AB) 22AF .
3: Section 102(2) and lodged no later than 14 days after the date on which the vehicle is seized and impounded
28: Appeal against refusal of Police to direct release of impounded vehicle
Section 110
1A: If a person fails to lodge an appeal under section 102 within the time specified, the person may, if an enforcement officer agrees, appeal to a District Court.
1B: An enforcement officer may agree in writing to an appeal under subsection (1A)
29: Enforcement officers may enforce transport legislation
Section 113(2)(a) name and address and date of birth, full name, full address, date of birth, occupation, and telephone number,
30: Power to require driver to stop and give name and address, etc
Section 114(3)(b)(i) name and address and date of birth, full name, full address, date of birth, occupation, and telephone number,
31: Enforcement officers may give directions prohibiting driving of vehicles
Section 115
3A: When issuing a notice under subsection (3), an enforcement officer may direct the driver or owner of the vehicle to comply with any applicable requirements with respect to the noise emitted by the vehicle's exhaust system if the enforcement officer believes on reasonable grounds that the vehicle does not comply with those requirements.
3B: If a vehicle is subject to a direction under subsection (1) or (3) on the grounds that the vehicle's exhaust system exceeds any prescribed noise or decibel limits, the vehicle's exhaust system must, before new evidence of vehicle inspection may be issued, be certified as complying with the relevant limits in accordance with any prescribed testing and certification procedure.
32: New section 121A inserted
The following section is inserted after section 121
121A: Enforcement officer may give directions or immobilise vehicle if driver breaches certain licence conditions
1: An enforcement officer may exercise all or any of the powers conferred by subsection (2)
2: The enforcement officer may—
a: forbid the person to drive a motor vehicle until that person is able to comply with the conditions of that person's learner licence or restricted licence:
b: direct the person to drive to a specified place (for example, the person's home):
c: take possession of all ignition or other keys of the vehicle, and for that purpose require the person to deliver up immediately all such keys:
d: take any steps that may be necessary to make the motor vehicle immobile or to move the motor vehicle to a place where it does not constitute a traffic hazard.
3: An enforcement officer may arrest without warrant a person who fails to comply with a power exercised under subsection (2)
4: The power to take possession under subsection (2)(c) subsection (2)(d)
a: the driver is able to drive the vehicle without breaching the conditions of that driver's licence; or
b: another person is able to drive the vehicle without breaching—
i: that person's licence:
ii: any enactment.
33: New section 128C inserted
The following section is inserted after section 128B
128C: Enforcement officer's powers in respect of certain motor vehicles subject to service inspection and certification requirements
1: This section applies if an enforcement officer has reasonable cause to suspect that a motor vehicle (other than a heavy motor vehicle) that is subject to a rule or regulation regarding in-service inspection and certification does not comply with that rule or regulation.
2: If this section applies, an enforcement officer may direct the driver of that vehicle to—
a: drive the vehicle to a specified place for vehicle inspection; and
b: subject the vehicle to a vehicle inspection to determine whether it complies with any relevant enactment.
3: Except where the driver has failed to stop when directed under subsection (4) subsection (2)
4: The driver of a motor vehicle must, whenever directed by an enforcement officer, stop the vehicle and keep it stopped so that an enforcement officer may determine whether or not to—
a: take any action under subsection (2)
b: complete the exercise of any other power conferred on an enforcement officer by this Act.
34: Regulations
Section 167(1)(mc) controlled qualifying
35: Agency to maintain register of driver licences
Section 199(3) is specifically forbidden to drive a motor vehicle or
36: Regulations
Section 269(1)
sa: setting the number of demerit points to be recorded in respect of an offence that concerns the driving of a motor vehicle: .
2: Transitional provision and consequential amendments
37: Transitional provision in relation to Transport (Vehicle and Driver Registration and Licensing) Act 1986
In the period commencing on the commencement of this section and ending immediately before the commencement of section 32(2) sections 96(2A) 98(1) Transport (Vehicle and Driver Registration and Licensing) Act 1986
38: Transitional provision in relation to Land Transport (Offences and Penalties) Regulations 1999
In the period commencing on the commencement of this section and ending immediately before the commencement of section 32(2) Schedule 3 4 Transport (Vehicle and Driver Registration and Licensing) Act 1986
39: Acts consequentially amended
1: The Acts specified in Part 1
2: The Act specified in Part 2 2009-12-01 Land Transport Amendment Act 2009 Transport Act 1962 Transport (Vehicle and Driver Registration and Licensing) Act 1986 2009-11-01 Land Transport Act 1998 Land Transport Amendment Act 2009 Summary Proceedings Act 1957
40: Regulations and rules consequentially amended
1: The regulations and rules specified in Part 1
2: The regulations and rules specified in Part 2 2009-12-01 Land Transport (Offences and Penalties) Regulations 1999 Land Transport (Ordering a Vehicle off the Road) Notice 1999 OIC Land Transport (Driver Licensing and Driver Testing Fees) Regulations 1999 Land Transport (Driver Licensing) Rule 1999