Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003

1: Title
1: This Act is the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003.
2: In this Act, the Land Transport Act 1998 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on the 28th day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to amend the principal Act-
a: to include in that Act additional provisions aimed at combating the problem of unauthorised street racing, drag racing, wheel spinning, and other stunts involving motor vehicles on roads, and the spillage of lubricants on roads without reasonable excuse; and
b: to extend the motor vehicle seizure and impoundment regime under Part 7
c: to extend the appeal provisions in Part 8
2: Substantive amendments to
Land Transport Act 1998
4: Drivers and other road users to comply with directions of enforcement officers, etc
Section 13(4)(a) for the vehicle or (if the notice was given under section 96(1B) section 102(3)(b) or section 110(3)(a)(ii)
5: New
section 22A The principal Act is amended by inserting in Part 3, after section 22
22A: Persons not to engage in unauthorised street or drag racing, or other related prohibited activities on roads
1: A person must not operate a motor vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road unless the operation of the vehicle in that manner is authorised by law.
2: A person must not, without reasonable excuse, intentionally pour onto, place on, or allow to spill onto a road—
a: any petrol, oil, or diesel fuel; or
b: any other substance likely to cause a vehicle to undergo loss of traction.
3: A person must not, without reasonable excuse, operate a motor vehicle on a road in a manner that causes the vehicle to undergo sustained loss of traction unless the operation of the vehicle in that manner is authorised by law.
4: In this section and in section 96(9)
a: in the case of a race or an exhibition of speed or acceleration,—
i: the speed of the vehicle is within the applicable speed limit or speed limits; and
ii: the vehicle operator does not contravene any enactment other than this section that applies in relation to the operation of the vehicle; or
b: the operation is conducted on a road that is closed for the purpose under section 319(h) or section 342 of the Local Government Act 1974 Schedule 10 of that Act
c: the operation is otherwise authorised by or under an enactment other than this section.
6: New
section 36A The principal Act is amended by inserting, after section 36
36A: Contravention of
section 22A
1: A person commits an offence if the person—
a: operates a motor vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road in contravention of section 22A(1)
b: without reasonable excuse, intentionally pours onto, places on, or allows to spill onto a road
i: any petrol, oil, or diesel fuel; or
ii: any other substance likely to cause a vehicle to undergo loss of traction; or
c: without reasonable excuse, operates a motor vehicle on a road in a manner that causes the vehicle to undergo sustained loss of traction in contravention of section 22A(3)
2: A person commits an indictable offence if the person commits an offence against subsection (1)(a) or (c)
3: A person who commits an offence against subsection (1)(a) or (c) section 36(2), and section 36(2) and (3) section 36(1)(a)
4: A person who commits an offence against subsection (1)(a) or (c) section 35(2), and section 35(2) and (3) section 35(1)(a)
5: A person who commits an offence against subsection (1)(b)
7: Contravening notices, requirements, etc, given or imposed by enforcement officers
Section 52(1)
a: by inserting in paragraph (a) for the vehicle or (if the notice was given under section 96(1B) section 102(3)(b) or section 110(3)(a)(ii)
b: by inserting in paragraph (b) subsection (5) of that section or under section 96(1D)
8: Vehicle to be seized and impounded for 28 days in certain circumstances
1: The heading to section 96 to be
2: Section 96 subsection (1)
1A: 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—
a: operated the vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road in contravention of section 22A(1)
b: without reasonable excuse, operated the vehicle on a road in a manner that caused the vehicle to undergo sustained loss of traction in contravention of section 22A(3)
1B: An enforcement officer who seizes and impounds (or authorises the impoundment of) a motor vehicle under subsection (1A) section 115(1)
1C: For the purposes of this Act and any other enactment, a notice given under subsection (1B) section 115(1)
1D: A notice under subsection (1B)
3: Section 96(2)(a) subparagraph (ii)
iia: if subsection (1A) .
4: Section 96(6)(a) subsection (1) or operated the vehicle in circumstances referred to in subsection (1A)
5: Section 96
9: Nothing in subsection (1A) section 22A(4)
9: Appeal to police against impoundment of vehicle
1: Section 102(1) ; or
f: if section 96(1A) section 22A(1) or (3)
g: if section 96(1A) section 22A(1) or (3)
2: Section 102 subsection (3)
3: An enforcement officer authorised for the purpose by the Commissioner may hear and determine the appeal, and, if satisfied that a ground referred to in subsection (1)
a: the authorised officer must direct that the vehicle be released immediately to the owner or a person authorised by the owner; and
b: if a direction in respect of the vehicle has been given under section 96(1B)
10: Appeal against refusal of police to direct release of impounded vehicle
1: Section 110(2) grounds set out applicable
2: Section 110 subsection (3)
3: The court may-
a: make an order-
i: directing that the vehicle be released immediately to the person, in which case that direction has effect as if it had been made under section 102
ii: if an enforcement officer has given a direction in respect of the vehicle under section 96(1B)
b: dismiss the appeal.
11: Consequential amendments
1: The Acts listed in Part 1
2: Schedule 4 of the Land Transport (Offences and Penalties) Regulations 1999 Part 2
3: The Land Transport (Ordering a Vehicle off the Road) Notice 1999 Part 3
4: If an enforcement officer issues a notice under section 96 subsection (1) subsection (2)