(b) to provide for a system of rules governing road user behaviour, the licensing of drivers, and technical aspects of land transport, and to recognise reciprocal obligations of persons involved; and

(d) to enable New Zealand to implement international agreements relating to road safety and land transport

1 Short Title and commencement

(1) This Act may be cited as the Land Transport Act 1998.
(2) Sections 5(4), 23, 24, 25, 28, 31(1)(c), 95, 96(1), (2), (3), and (5), and 199 come into force on a date to be appointed by the Governor-General by Order in Council; and different dates may be appointed by 1 or more Orders in Council for different provisions.
(3) The repeals specified in clauses 1 to 14 of Part 4 of Schedule 2 come into force on a date to be appointed by the Governor-General by Order in Council; and different dates may be appointed by 1 or more Orders in Council for different provisions in that schedule.
(4) [Repealed]
(5) The rest of this Act comes into force on 1 March 1999.
Section 1(2): sections 5(4), 23, 24, 25, 28, 31(1)(c), 95, 96(1), (2), (3), and (5), and 199 brought into force, on 3 May 1999, by the Land Transport (Commencement of Provisions) Order 1999 (SR 1999/96).
Section 1(3): Schedule 2 Part 4 clause 9 brought into force, on 1 March 1999, by the Land Transport (Commencement of Repeals) Order 1999 (SR 1999/28).
Section 1(3): Schedule 2 Part 4 clauses 3, 5, and 13 brought into force, on 3 May 1999, by the Land Transport (Commencement of Repeals) Order (No 2) 1999 (SR 1999/97).
Section 1(3): Schedule 2 Part 4 clause 1 brought into force, on 27 February 2005, by the Land Transport (Commencement of Repeals) Order 2004 (SR 2004/452).
Section 1(4): repealed, on 29 June 2009, by section 4 of the Land Transport Amendment Act 2009 (2009 No 17).

Part 1
Preliminary provisions

2 Interpretation

(1) In this Act, unless the context otherwise requires,—
accompany, in relation to the accompanying of an enforcement officer to a place, includes remaining with an enforcement officer at a place whether or not a journey is involved
Agency means the New Zealand Transport Agency established under section 93 of the Land Transport Management Act 2003
alternative fuel system means a fuel storage and conducting system that is used to provide liquid petroleum gas, compressed natural gas, or any other pressurised liquid or gaseous fuel (other than petrol or diesel) for the purpose of propulsion of a vehicle
ambulance means a motor vehicle designed and used principally for the carriage of sick or injured persons
apparently younger than 20 has the same meaning as it has in section 71
approved analyst means—
- (a) a person who is designated by the Science Minister, by notice in the Gazette, as the analyst in charge of an approved laboratory; or
- (b) a person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to act as an approved analyst, either generally or in a particular case
approved health authority means an institution approved by the Minister, with the agreement of the Minister of Health, for the purposes of section 209
approved laboratory means a laboratory approved by the Science Minister, by notice in the Gazette, for the purposes of analysing blood specimens taken for the purposes of this Act
approved taxi organisation means a taxi organisation approved or deemed to be approved by the Agency under this Act, the regulations, or the rules
approved vehicle surveillance equipment means vehicle surveillance equipment of a kind approved by the Minister of Police, by notice in the Gazette
assessment centre means an establishment for the time being approved as an assessment centre for the purposes of this Act by the chief executive of the Ministry of Health
axle means 1 or more shafts, spindles, or bearings in the same vertical transverse plane by means of which, in conjunction with wheels mounted on those shafts, spindles, or bearings, a portion of the weight of the vehicle is transmitted to the roadway; and, except as the provisions of this Act or of the rules otherwise provide, the following provisions apply for the purposes of this Act and the regulations and rules:
- (a) if 2 or more wheels of a motor vehicle are substantially in the same line transversely and some or all of them have separate axles, the axles of all those wheels are to be treated as 1 axle:
- (b) if the longitudinal centre line of an axle of a motor vehicle is less than 1 metre distant from the longitudinal centre line of another axle, the 2 axles are to be treated as 1 axle (a dual axle):
- (c) for the purposes of measuring the distance of a dual axle from any other axle, the measurement must be taken from the longitudinal centre line of that one of the 2 axles comprising the dual axle which is nearer to the axle from which the distance is to be measured
blood specimen means a specimen of venous blood taken in accordance with normal medical procedures
blood specimen collecting kit means a package having endorsed on it or affixed to it or included in it a label indicating that it is a blood specimen collecting kit and that it has been supplied by or on behalf of a laboratory for the time being approved by the Science Minister, by notice in the Gazette, for the purpose of supplying or causing to be supplied blood specimen collecting kits
blood test means the analysis of a blood specimen
blood test fee means the fee for the analysis of a blood specimen prescribed by the Minister of Police, by notice in the Gazette, under section 67
breath screening device means a device of a kind approved for the purpose of breath screening tests by the Minister of Police, by notice in the Gazette
breath screening test means a test carried out by means of a breath screening device in a manner prescribed in respect of that device by the Minister of Police, by notice in the Gazette
carriage includes haulage
certificate of compliance means a certificate given under section 75A by a person authorised by the Science Minister
certificate of loading means a certificate of loading issued under the regulations or the rules
commercial public transport service has the same meaning as in section 4 of the Public Transport Management Act 2008
Commissioner means the Commissioner of Police
compulsory impairment test means a test, carried out in a manner prescribed by the Minister of Police by notice in the Gazette, to determine whether a person’s capacity to drive is impaired
control, in relation to a transport service or a proposed or approved taxi organisation, means direct or indirect control of the management of the whole or part of the transport service or taxi organisation by a shareholding or the holding of any position (however described) in the management of the whole or part of the transport service or taxi organisation that gives the person a significant influence on the operation of the whole or part of the service or organisation (whether or not other persons are also involved)
court means a District Court
cruising means driving repeatedly in the same direction over the same section of a road in a motor vehicle in a manner that—
- (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
cumulative work day means a period—
- (a) during which work occurs; and
- (b) that—
  - (i) does not exceed 24 hours; and
  - (ii) begins after a continuous period of rest time of at least 10 hours
cumulative work period means a set of cumulative work days between continuous periods of rest time of at least 24 hours
dangerous goods means goods declared by rules made under this Act to be dangerous goods
dangerous goods enforcement officer means a person appointed by warrant under section 208
design, in relation to a motor vehicle, refers to the construction of the motor vehicle, and not its use or intended use; and designed has a corresponding meaning
doctor's surgery means a medical practitioner's surgery or any other place where a medical examination or medical care or treatment is carried out or given
drink means alcoholic drink
driver, in relation to a vehicle, includes the rider of the motorcycle or moped or bicycle; and drive has a corresponding meaning
driver licence means a licence to drive that is issued or has effect under this Act; and includes an endorsement on a driver licence
enforcement authority, in relation to an infringement offence, means—
- (a) the New Zealand Police, in any case:
- (b) the Agency, in the case of an infringement offence for which an infringement notice is issued by an employee of the Agency or on behalf of the Agency:
- (c) [Repealed]
- (d) a local authority, in the case of an infringement offence—
  - (i) that relates to the use of a special vehicle lane; and
  - (ii) for which an infringement notice is issued by an employee of the local authority or on behalf of the local authority:
- (e) a public road controlling authority that is an enforcement authority for the purposes of an Order in Council made under section 46 of the Land Transport Management Act 2003, in the case of an infringement offence that is a toll offence
enforcement officer means—
- (a) a constable:
- (b) a Police employee who is not a constable who is authorised for the purpose by the Commissioner:
- (c) a person who is appointed to that office by warrant under section 208 or who holds that office by virtue of this Act
evidence of vehicle inspection, in relation to a vehicle, means any certificate, label, or document issued under this Act as evidence of the completion of the periodic vehicle inspection requirements in respect of that vehicle
evidential breath test means a test carried out by means of an evidential breath-testing device in a manner prescribed in respect of that device by the Minister of Police, by notice in the Gazette
evidential breath-testing device means a device of a kind approved for the purpose of evidential breath tests by the Minister of Police, by notice in the Gazette
financial year, in relation to the Agency, means the period of 12 months commencing on 1 July and ending with the close of 30 June
fire brigade includes—
- (a) a volunteer fire brigade, a defence fire brigade, and an industrial fire brigade (as those terms are defined in section 2 of the Fire Service Act 1975); and
- (b) an airport fire brigade; and
- (c) the employed firefighters or other members of any fire brigade referred to in this definition
former enactment means a provision of the Transport Act 1962, or of Part 2 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986, or of the Land Transport Act 1993, repealed by this Act
goods means all kinds of movable personal property; and includes articles sent by post, and animals
goods service—
- (a) means the carriage of goods on any road, whether or not for hire or reward, by means of a motor vehicle whose gross laden weight is 6 000 kg or more; and
- (b) includes the letting on hire of a motor vehicle whose gross laden weight is 6 000 kg or more by a person who drives the vehicle or provides a driver for the vehicle, where the motor vehicle is used for the carriage of goods; but
- (c) does not include—
  - (i) a vehicle recovery service; or
  - (ii) a service involving the carriage of goods for personal domestic purposes where the service is not operated for more than a total of 7 days in any 12-month period; or
  - (iii) any carriage of goods by a passenger service vehicle where the carriage is part of a contract for the carriage of passengers or where the carriage is of such small amounts of goods, or occurs so infrequently, that it does not form a significant part of the overall operations of the vehicle; or
  - (iv) the use of trucks by licensed motor vehicle dealers to carry goods for demonstration and sale purposes; or
  - (v) the use of vintage vehicles to carry goods for display purposes; or
  - (vi) the use of trailers towed by small passenger service vehicles to carry passengers' luggage; or
  - (vii) any service specified as an exempt goods service in the regulations or the rules
goods service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a goods service
goods service vehicle—
- (a) means a motor vehicle used or capable of being used in a goods service for the carriage of goods; but
- (b) does not include a vehicle specified as an exempt goods service vehicle in the regulations or the rules
gross laden weight, in relation to a motor vehicle, means—
- (a) the greatest of the following weights:
  - (i) a weight specified (subsequent to the latest modification specified, if any) as the gross laden weight of the vehicle by the manufacturer of the vehicle:
  - (ii) a weight specified as the gross laden weight of the vehicle, or of a vehicle of that kind, by or under the regulations or the rules:
  - (iii) the weight of the vehicle, together with the load that the vehicle is for the time being carrying, including equipment and accessories:
- (b) if evidence is adduced in respect of any but not all of the 3 weights referred to in paragraph (a), the greater of the weights, or (as the case may be) the only weight, in respect of which evidence is adduced:
- (c) if evidence is not adduced in respect of any of the weights referred to in paragraph (a), the total of the unladen weight of the vehicle and the weight of the maximum load that the vehicle may safely carry
gross weight, in relation to a vehicle or combination of vehicles, means the weight of the vehicle or of the vehicles comprising the combination, together with the load that the vehicle or (as the case may be) the vehicles are for the time being carrying, including equipment and accessories; and, for the purposes of this Act and of the regulations and the rules, and without limiting the methods by which the gross weight of a vehicle may be determined, the gross weight of a vehicle may be determined by adding the weight on its axles or groups of axles
health practitioner has the same meaning as in section 5 of the Health Practitioners Competence Assurance Act 2003
heavy motor vehicle means a motor vehicle (other than a motorcar that is not used, kept, or available for the carriage of passengers for hire or reward) having a gross laden weight exceeding 3 500 kg
hospital means a licensed hospital as defined in section 2 of the Hospitals Act 1957
image, in relation to approved vehicle surveillance equipment, includes a photograph, an electronic form of information storage, and the display and transmission of any pictorial or digital information
infringement offence means—
- (a) a moving vehicle offence:
- (b) an overloading offence:
- (ba) an offence against this Act concerning logbooks that is committed by a transport service driver:
- (c) an infringement offence specified in Schedule 2 of the Transport Act 1962:
- (ca) a toll offence:
- (d) any other offence against this Act or any other enactment that is specified as an infringement offence against this Act (other than an offence that carries a penalty of imprisonment or mandatory disqualification from holding or obtaining a driver licence)
land transport means transport on land by any means and the infrastructure facilitating such transport; and includes rail, surface-effect vehicles, and harbour ferries
land transport documents means licences, permits, approvals, authorisations, exemptions, certificates, and similar documents issued under the Transport Act 1962, the Road User Charges Act 1977, the Transport (Vehicle and Driver Registration and Licensing) Act 1986, the Government Roading Powers Act 1989, or this Act
land transport register includes—
- (a) registers kept under this Act, the Railways Act 2005; and
- (b) other information and records relating to vehicle and operator licensing kept by the Agency
large passenger service vehicle means any passenger service vehicle that is designed or adapted to carry more than 12 persons (including the driver)
licensed means,—
- (a) in relation to a driver,—
  - (i) licensed by or under this Act to drive vehicles of a specified class or classes; or
  - (ii) licensed for a specified purpose or to carry out a specified activity, including an authority conferred by an endorsement on a driver licence:
- (b) in relation to a vehicle, licensed under Part 1 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986
light rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005
light rental service vehicle means a rental service vehicle having a gross laden weight of not more than 3 500 kg
load—
- (a) includes part of a load; and
- (b) includes covers, ropes, ties, blocks, tackles, barrows, or other equipment or object used in the securing or containing of loads on vehicles or the loading or unloading of vehicles, whether or not any other load is on the vehicle; but
- (c) does not include animal wastes discharged from animals being carried on a vehicle at the time
local authority means any regional council or territorial authority within the meaning of the Local Government Act 2002
logbook means a logbook that is in a form approved by the Agency in accordance with the rules, and includes any alternative means approved under section 30ZG
mass, in relation to a vehicle, means the quantity of material contained in or on that vehicle that, when subjected to acceleration due to gravity, will exert downwards on a level surface a force that can be measured as the weight of the vehicle
medical expenses means the expenses incurred by a medical practitioner or medical officer in taking a blood specimen
medical laboratory technologist means a health practitioner who is, or is deemed to be, registered with the Medical Laboratory Science Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical laboratory science
medical officer means—
- (a) a person acting in a hospital and who, in the normal course of the person's duties, takes blood specimens; or
- (b) a nurse; or
- (c) a medical laboratory technologist
medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine
member means a person appointed as a member of the Agency
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act or the relevant Part or provision of this Act
Minister of Police means, subject to any enactment, the Minister who, under authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the Police
Ministry means, subject to any enactment, the Ministry that is, with the approval of the Prime Minister, for the time being responsible for the administration of this Act
mobility device means—
- (a) a vehicle that—
  - (i) is designed and constructed (not merely adapted) for use by persons who require mobility assistance due to a physical or neurological impairment; and
  - (ii) is powered solely by a motor that has a maximum power output not exceeding 1 500 W; or
- (b) a vehicle that the Agency has declared under section 168A(1) to be a mobility device
motor vehicle—
- (a) means a vehicle drawn or propelled by mechanical power; and
- (b) includes a trailer; but
- (c) does not include—
  - (i) a vehicle running on rails; or
  - (ii) [Repealed]
  - (iii) a trailer (other than a trailer designed solely for the carriage of goods) that is designed and used exclusively as part of the armament of the New Zealand Defence Force; or
  - (iv) a trailer running on 1 wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or
  - (v) a vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or
  - (vi) a pedestrian-controlled machine; or
  - (vii) a vehicle that the Agency has declared under section 168A is not a motor vehicle; or
  - (viii) a mobility device
moving vehicle offence means an offence detected by approved vehicle surveillance equipment that is—
- (a) a speeding offence; or
- (b) an offence in respect of the failure to comply with the directions given by a traffic signal; or
- (c) any offence against regulations made under this Act or the Transport (Vehicle and Driver Registration and Licensing) Act 1986, or against the Transport Act 1962 or any regulations or bylaws made under that Act, that is declared by regulations under this Act to be a moving vehicle offence for the purposes of this definition; or
- (d) a toll offence
novice driver has the meaning specified by the rules
nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions
offence against this Act includes an offence against or prescribed by the regulations
operate, in relation to a vehicle, means to drive or use the vehicle on a road, or to cause or permit the vehicle to be on a road or to be driven on a road, whether or not the person is present with the vehicle; and operator has a corresponding meaning
optometrist means a health practitioner who is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of optometry
organised criminal activity means an activity that—
- (a) involves 2 or more persons; and
- (b) has the acquisition of income or assets by means of a continuing course of criminal conduct as one of its objects
outputs means the goods and services that are produced by the Agency
overloading offence means an offence against any enactment that is specified as an overloading offence by the regulations
owner, in relation to a motor vehicle, means the person lawfully entitled to possession of the vehicle, except where—
- (a) the motor vehicle is subject to a bailment that is for a period not exceeding 28 days; or
- (b) the motor vehicle is let on hire pursuant to the terms of a rental-service licence,—
in which case owner means the person who, but for the bailment or letting on hire, would be lawfully entitled to possession of the motor vehicle; and owned and ownership have corresponding meanings
parking warden means a person appointed to hold the office of parking warden under section 7(1) of the Transport Act 1962
participant, in relation to the land transport system, means a person who does anything for which a land transport document is required
passenger service—
- (a) means—
  - (i) the carriage of passengers on any road for hire or reward by means of a motor vehicle; and
  - (ii) the carriage of passengers on any road, whether or not for hire or reward, by means of a large passenger service vehicle; and
- (b) includes the carriage of passengers on any road—
  - (i) that involves a specific charge on passengers for transport, including part payments to cover fuel and donations (which are expected as a condition of carriage); or
  - (ii) by a person or an organisation that is funded by another person or organisation specifically for the provision of transport; or
  - (iii) in which the carriage of passengers is an integral part of, or reasonably necessary to provide, another service or activity (other than a transport service) for which payment is made
  - (iv) in which the carriage of passengers is made using the vehicle provided by one of the passengers and the driver is paid for the carriage; or
  - (v) that involves the letting on hire of a vehicle by a person who drives the vehicle or provides a driver for the vehicle if, during the hiring, the vehicle is used for the carriage of passengers; but
- (c) does not include—
  - (i) private ambulance services provided by organisations primarily for their employees, being ambulance services that are available to the general public in an emergency only when public ambulance services cannot provide a service; or
  - (ii) any service using a vehicle that is specified as an exempt passenger service vehicle in the regulations or the rules; or
  - (iii) any service specified as an exempt passenger service in the regulations or the rules
passenger service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a passenger service
passenger service vehicle—
- (a) means a vehicle used or available for use in a passenger service for the carriage of passengers; but
- (b) does not include—
  - (i) a vehicle designed or adapted to carry 12 or fewer persons (including the driver) provided by one of the passengers being carried; or
  - (ii) a vehicle specified as an exempt passenger service vehicle in the regulations or the rules
passive breath-testing device means a passive breath-testing device of a kind approved by the Minister of Police, by notice in the Gazette
positive evidential breath test means an evidential breath test that indicates that the proportion of alcohol in the breath of the person who underwent the test,—
- (a) in any case, exceeds 400 micrograms of alcohol per litre of breath; or
- (b) in the case of a person who is apparently younger than 20, exceeds 150 micrograms of alcohol per litre of breath;—
and positive, in relation to an evidential breath test, has a corresponding meaning
premises, in sections 130 and 131, includes a vehicle, rail vehicle, carriage, box, or receptacle; but does not include a dwelling or Maori reservation constituted by or under the Maori Affairs Act 1953 or Part 17 of Te Ture Whenua Maori Act 1993
prescribed means,—
- (a) in relation to a matter under this Act, prescribed by this Act or by regulations, rules, or notice made under this Act:
- (b) in relation to a matter prescribed under any other enactment, prescribed in accordance with that enactment
prescription medicine has the same meaning as in section 3(3) of the Medicines Act 1981
private analyst means a person qualified by academic or technical training in chemical or biochemical analysis; and includes a body corporate or organisation that employs such a person
proceedings, in relation to an infringement offence, means proceedings under the Summary Proceedings Act 1957; and includes the issue of an infringement notice under section 139
qualifying bylaw means a bylaw made by a road controlling authority under section 22AB(1)(b) of this Act, section 72(1)(d) of the Transport Act 1962, section 684(1)(13) of the Local Government Act 1974, or section 145 of the Local Government Act 2002 for the stated purpose of—
- (a) restricting or placing conditions on the racing of motor vehicles or any associated activities:
- (b) controlling or restricting cruising or any associated activities
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) if it is excluded by regulations made under this Act
rail operator has the same meaning as in section 4(1) of the Railways Act 2005
rail participant has the same meaning as in section 4(1) of the Railways Act 2005
rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005
regional council means a regional council within the meaning of the Local Government Act 2002
register of motor vehicles means a register kept under section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986
registered, in relation to a vehicle, means registered under the Transport (Vehicle and Driver Registration and Licensing) Act 1986
Registrar, in relation to the execution of a warrant of confiscation, means any Registrar of the High Court or of a District Court, as the case may require, and includes a Deputy Registrar
the regulations means regulations made under this Act and the regulations referred to in section 218
rental service means the letting of a motor vehicle on hire for the carriage of passengers (including the driver) or of goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; but does not include—
- (a) the letting of a motor vehicle under a hire purchase agreement or a bailment that is for a period exceeding 6 months; or
- (b) the hiring of trailers with a gross laden weight not exceeding 3 500 kg; or
- (c) any service specified as an exempt rental service in the regulations or the rules
rental service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a rental service
rental service vehicle means a vehicle used or available for use in a rental service for letting on hire for the carriage of passengers or goods, or both, to a person who drives the vehicle or provides a driver for the vehicle; but does not include a vehicle specified as an exempt vehicle in this Act or the regulations or the rules
responsible clinician has the same meaning as it has in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992
rest time means all time that—
- (a) is not work time; and
- (b) is at least 30 minutes in duration; and
- (c) is not spent in a moving vehicle associated with work
road includes—
- (a) a street; and
- (b) a motorway; and
- (c) a beach; and
- (d) a place to which the public have access, whether as of right or not; and
- (e) all bridges, culverts, ferries, and fords forming part of a road or street or motorway, or a place referred to in paragraph (d):
- (f) all sites at which vehicles may be weighed for the purposes of this Act or any other enactment
road controlling authority, in relation to a road,—
- (a) means the authority, body, or person having control of the road; and
- (b) includes a person acting under and within the terms of a delegation or authorisation given by the controlling authority
the rules means the ordinary rules and emergency rules made under this Act and the rules referred to in section 220
Science Minister means, subject to any enactment, the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Foundation for Research, Science, and Technology Act 1990
Secretary means the chief executive of the Ministry
service, in Part 4A, includes—
- (a) an operation carried out on 1 occasion only; and
- (b) an operation carried out solely for the benefit of the persons carrying it out
site, in section 147, means a site where a dynamic axle weigher is used
small passenger service vehicle means any passenger service vehicle that is designed or adapted to carry 12 or fewer persons (including the driver)
special vehicle lane has the meaning given to it in clause 1.6 of the Land Transport (Road User) Rule 2004
speed limit means a speed limit set by or under this Act, the Transport Act 1962, the Local Government Act 1974, the Government Roading Powers Act 1989, or the rules
speeding offence means an offence which consists solely of exceeding a speed limit
storage provider means a person who stores vehicles impounded under this Act
taxi means a motor vehicle that is—
- (a) a small passenger service vehicle; and
- (b) fitted with a sign on its roof displaying the word “taxi” and any other signs required by the regulations or the rules; and
- (c) in use or available for use for hire or reward for the carriage of passengers other than on defined routes
taxi service means a passenger service carried on by means of a taxi or taxis
territorial authority means a territorial authority within the meaning of the Local Government Act 2002
toll has the same meaning as in section 5 of the Land Transport Management Act 2003
toll offence means an offence against section 54(1) of the Land Transport Management Act 2003
traction engine means a vehicle that—
- (a) is propelled by steam power; and
- (b) is not a rail vehicle within the meaning of section 4(1) of the Railways Act 2005; and
- (c) is not designed for the carriage of goods or persons other than the driver and, if appropriate, other persons involved in its operation
traffic control device includes any—
- (a) sign, signal, or notice; or
- (b) traffic calming device; or
- (c) marking or road surface treatment—
used on a road for the purpose of traffic control
transport service—
- (a) means any goods service, passenger service, rental service, or vehicle recovery service; but
- (b) does not include—
  - (i) a rail service within the meaning of section 2(1) of the Transport Services Licensing Act 1989; and
  - (ii) any service specified as an exempt transport service in the regulations or the rules
transport service driver means any person who is, or is from time to time, employed or engaged in driving a vehicle being used in a transport service other than a rental service, whether or not that person is licensed or required to hold a licence to drive such a vehicle
transport service licence means any of the following licences granted or deemed to be granted under subpart 3 of Part 4A:
- (a) a goods service licence:
- (b) a passenger service licence:
- (c) a rental service licence:
- (d) a vehicle recovery service licence
transport service operator means a person who carries on a transport service, whether or not that person employs personnel to assist in doing so on its behalf; but does not include those personnel
transport service vehicle means any goods service vehicle, passenger service vehicle, rental service vehicle, or vehicle recovery service vehicle; but does not include—
- (a) a rail service vehicle within the meaning of section 2(1) of the Transport Services Licensing Act 1989; or
- (b) a vehicle running on self-laying tracks or rollers; or
- (c) a vehicle that operates solely on or in areas to which the public does not have access as of right (whether or not that vehicle is used on a road in connection with that vehicle's inspection, servicing, or repair, or for the purposes of a practical driving test required under any enactment); or
- (d) a vehicle used as a place of abode to the extent that it is not used in a rental service; or
- (e) a vehicle listed as a farm vehicle in Part 1 of the Schedule of the Transit New Zealand (Apportionment and Refund of Excise Duty) Regulations 1998 or in any provisions made in substitution for that schedule; or
- (f) a tractor (being a motor vehicle designed principally for traction at speeds not exceeding 50 km per hour; or
- (g) a forklift (being a motor vehicle designed principally for lifting and stacking goods by means of 1 or more forks, tines, platens, or clamps); or
- (h) a hearse; or
- (i) a traction engine
unladen weight, in relation to a vehicle, means the weight of the vehicle together with the fuel in its fuel system (if any) and the equipment and accessories on it that are necessary for its operation for the purpose for which it was designed
unlicensed, in relation to a driver, includes holding an expired licence
vehicle—
- (a) means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; and
- (b) includes a hovercraft, a skateboard, in-line skates, and roller skates; but
- (c) does not include—
  - (i) a perambulator or pushchair:
  - (ii) a shopping or sporting trundler not propelled by mechanical power:
  - (iii) a wheelbarrow or hand-trolley:
  - (iv) [Repealed]
  - (v) a pedestrian-controlled lawnmower:
  - (vi) a pedestrian-controlled agricultural machine not propelled by mechanical power:
  - (vii) an article of furniture:
  - (viii) a wheelchair not propelled by mechanical power:
  - (ix) any other contrivance specified by the rules not to be a vehicle for the purposes of this definition:
  - (x) any rail vehicle
vehicle recovery service—
- (a) means the towing or carrying on any road of a motor vehicle, irrespective of the size or design of the towing or carrying vehicle, and whether or not the towing or carrying of the vehicle is carried out by a person intending to carry out repairs on the vehicle; but
- (b) does not include—
  - (i) the towing or carrying of any motorcycle or moped; or
  - (ii) the towing or carrying of one motor vehicle by another where—
    (A) the towing or carrying is not carried out directly or indirectly for reward; and
    (B) the towing or carrying vehicle is not designed or adapted for the purpose of towing or carrying motor vehicles; or
  - (iii) the towing or carrying of a vehicle by a person who owns the vehicle; or
  - (iv) the towing of disabled vehicles using a rope or flat tow by—
    (A) a person employed by, or contracted to, a motoring association or insurance company where the towing is limited to removal of the vehicle to a place of safety; or
    (B) the owner or employee of a garage or workshop who intends to carry out repairs to the vehicle; or
  - (v) the removal of vehicles by New Zealand Defence Force tow trucks at the request of an enforcement officer; or
  - (vi) routine towing services operated by New Zealand Defence Force personnel in areas where there is no suitable and available commercial towing service nearby; or
  - (vii) any service where the Agency has provided the transport service operator with a written notice that—
    (A) must be carried in the vehicle used in the service; and
    (B) specifies that the nature of the service is such that the carriage of vehicles should be treated as the carriage of goods; or
  - (viii) any service specified as an exempt vehicle recovery service in the regulations or the rules
vehicle recovery service licence means a licence granted or deemed to be granted under subpart 3 of Part 4A that authorises its holder to carry on a vehicle recovery service
vehicle recovery service vehicle—
- (a) means a vehicle used or available for use in a vehicle recovery service for towing or carrying on a road any motor vehicle; but
- (b) does not include any vehicle specified as an exempt vehicle recovery service vehicle in the regulations or the rules
weight,—
- (a) in relation to a wheel, an axle, a group of axles, or a vehicle, means the weight, or, as the case may be, the sum of the weights, recorded or displayed on a weighing device of a type approved for the purpose by the Minister of Police, by notice in the Gazette, and used in a manner prescribed by the Minister of Police, by notice in the Gazette:
- (b) in relation to the load on a vehicle, means the gross weight of the vehicle less its unladen weight
work time means all time spent performing work-related duties, including, but not limited to,—
- (a) driving vehicles to which subpart 1 of Part 4B applies:
- (b) loading and unloading:
- (c) maintenance and cleaning of vehicles (other than unpaid cleaning outside working hours):
- (d) administration or recording:
- (e) any paid employment (other than paid leave or paid breaks of at least 30 minutes duration), whether or not related to transport activities.
(1A) If a transport service includes the use of vehicles that are specified as exempt vehicles in the regulations or the rules, the operation of those vehicles is not to be treated as part of the operation of the service.
(2) A notice given by any Minister in the Gazette for any purpose specified in subsection (1) or in section 75A(5), and a corresponding notice given under any former enactment and continued in force by this Act, is a regulation for the purposes of the Acts and Regulations Publication Act 1989 and may be amended from time to time, or revoked, by the responsible Minister in the same manner.
(3) A notice under subsection (1) that is given by the Minister of Police in the Gazette for the purposes of approving a kind of device or a test may—
- (a) define an approved device as a device that bears or is associated by its manufacturer with such trade name or number or other expression, or any combination of those things, as may be specified in the notice:
- (b) provide for a test, or part of a test, to be carried out in accordance with instructions displayed or printed on or by a specified kind of device.
(4) In the absence of proof to the contrary, a device is to be treated as bearing or being associated with a particular trade name or number or other expression if that name or number or other expression—
- (a) appears on the device, whether on a label or otherwise, or is shown on a display panel on the device; or
- (b) is printed out by the device on a card or on paper; or
- (c) appears on printed matter that—
  - (i) accompanies the device; and
  - (ii) is associated with the device or is intended by the manufacturer of the device to be associated with the device; and
  - (iii) is issued by or on behalf of the manufacturer.
Compare: 1962 No 135 ss 2, 57A
Section 2(1) Agency: inserted, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) approved taxi organisation: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) approved taxi organisation: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) Authority: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) blood test: amended, on 1 November 2009, by section 5(1) of the Land Transport Amendment Act 2009 (2009 No 17).
Section 2(1) blood test fee: amended, on 1 November 2009, by section 5(2) of the Land Transport Amendment Act 2009 (2009 No 17).
Section 2(1) Board and Transfund: repealed, on 1 December 2004, by section 3(1) of the Land Transport Amendment Act 2004 (2004 No 96).
Section 2(1) certificate of compliance: inserted, on 29 December 2001, by section 4(1) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).
Section 2(1) commercial public transport service: inserted, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).
Section 2(1) compulsory impairment test: inserted, on 1 November 2009, by section 5(3) of the Land Transport Amendment Act 2009 (2009 No 17).
Section 2(1) conclusive evidential breath-testing device: repealed, on 29 December 2001, by section 4(2) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).
Section 2(1) control: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) controlled drug: repealed (without coming into force), on 1 November 2009, by section 4(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
Section 2(1) cruising: inserted, on 1 December 2009, by section 4(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
Section 2(1) cumulative work day: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) cumulative work period: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) Director: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) doctor's surgery: amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) enforcement authority: substituted, on 28 June 2006, by section 4(1) of the Land Transport Amendment Act (No 2) 2006 (2006 No 30).
Section 2(1) enforcement authority paragraph (b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) enforcement authority paragraph (c): repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) enforcement officer paragraph (a): amended, on 1 October 2008, pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).
Section 2(1) enforcement officer paragraph (b): amended, on 1 October 2008, pursuant to section 116(d) of the Policing Act 2008 (2008 No 72).
Section 2(1) financial year: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) goods service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) goods service licence: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) goods service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) health practitioner: inserted, on 1 November 2009, by section 5(3) of the Land Transport Amendment Act 2009 (2009 No 17).
Section 2(1) infringement offence paragraph (ba): inserted, on 1 October 2007, by section 4(6) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) infringement offence paragraph (ca): inserted, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
Section 2(1) invalid carriage: repealed, on 22 June 2005, by section 4(2) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) land transport documents: amended, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).
Section 2(1) land transport documents: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) land transport register paragraph (a): amended, on 1 October 2007, by section 4(7) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) land transport register paragraph (a): amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).
Section 2(1) land transport register paragraph (b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) large passenger service vehicle: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) light rail vehicle: inserted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).
Section 2(1) local authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 2(1) logbook: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) logbook: amended, on 1 October 2007, by section 4(8) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) medical expenses: inserted, on 1 November 2009, by section 5(3) of the Land Transport Amendment Act 2009 (2009 No 17).
Section 2(1) medical laboratory technologist: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) medical officer: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) member: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) member: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 2(1) Minister: substituted, on 1 December 2004, by section 3(2) of the Land Transport Amendment Act 2004 (2004 No 96).
Section 2(1) mobility device: inserted, on 22 June 2005, by section 4(4) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) mobility device paragraph (b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) motor vehicle paragraph (c)(ii): repealed, on 22 June 2005, by section 4(9) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) motor vehicle paragraph (c)(vi): amended, on 22 June 2005, by section 4(10) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) motor vehicle paragraph (c)(vii): added, on 22 June 2005, by section 4(10) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) motor vehicle paragraph (c)(vii): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) motor vehicle paragraph (c)(viii): added, on 22 June 2005, by section 4(10) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) moving vehicle offence paragraph (c): amended, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
Section 2(1) moving vehicle offence paragraph (d): added, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
Section 2(1) national land transport strategy or strategy: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) nurse: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) optometrist: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) organised criminal activity: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) outputs: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) parking warden: inserted, on 1 November 2009, by section 5(3) of the Land Transport Amendment Act 2009 (2009 No 17).
Section 2(1) passenger service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) passenger service licence: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) passenger service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) performance agreement: repealed, on 1 December 2004, by section 3(1) of the Land Transport Amendment Act 2004 (2004 No 96).
Section 2(1) premises: amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).
Section 2(1) prescription medicine: inserted, on 1 November 2009, by section 5(3) of the Land Transport Amendment Act 2009 (2009 No 17).
Section 2(1) qualifying bylaw: inserted, on 1 December 2009, by section 4(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
Section 2(1) qualifying drug: inserted, on 1 November 2009, by section 4(3) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
Section 2(1) rail operator: inserted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).
Section 2(1) rail participant: inserted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).
Section 2(1) rail service operator: repealed, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).
Section 2(1) rail service vehicle: repealed, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).
Section 2(1) rail vehicle: inserted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).
Section 2(1) regional council: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 2(1) regional land transport strategy: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) registered medical practitioner: repealed, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) registered optometrist: repealed, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) Registrar: inserted, on 1 December 2009, by section 4(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
Section 2(1) rental service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) rental service licence: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) rental service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) rest time: inserted, on 1 October 2007, by section 4(5) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) service: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) service charter: repealed, on 1 December 2004, by section 3(1) of the Land Transport Amendment Act 2004 (2004 No 96).
Section 2(1) small passenger service vehicle: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) special vehicle lane: inserted, on 28 June 2006, by section 4(2) of the Land Transport Amendment Act (No 2) 2006 (2006 No 30).
Section 2(1) speed limit: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) speed limit: amended, on 19 December 2001, by section 4(3) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).
Section 2(1) taxi: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) taxi service: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 2(1) toll: inserted, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
Section 2(1) toll offence: inserted, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).
Section 2(1) traction engine: inserted, on 22 June 2005, by section 4(4) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) traction engine paragraph (b): substituted, on 1 January 2009, by section 63(2) of the Public Transport Management Act 2008 (2008 No 87).
Section 2(1) Transit and Transit New Zealand: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) transport service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) transport service driver: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) transport service licence: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) transport service operator: inserted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) transport service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) unlicensed: inserted, on 22 June 2005, by section 4(4) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) vehicle paragraph (c)(iv): repealed, on 22 June 2005, by section 4(11) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) vehicle paragraph (c)(viii): amended, on 22 June 2005, by section 4(12) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) vehicle paragraph (c)(x): added, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).
Section 2(1) vehicle recovery service: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) vehicle recovery service paragraph (b)(vii): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 2(1) vehicle recovery service licence: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) vehicle recovery service vehicle: substituted, on 1 October 2007, by section 4(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1) work time: added, on 1 October 2007, by section 4(5) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(1A): inserted, on 1 October 2007, by section 4(13) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 2(2): amended, on 29 December 2001, by section 4(4) of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).

3 Act to bind the Crown

This Act binds the Crown.

Part 2
Primary responsibilities of participants in land transport system

General responsibilities

4 General requirements for participants in land transport system

(1) A participant in the land transport system must ensure that the appropriate land transport documents and all the necessary qualifications and other documents are held by the participant.
(2) A participant must comply with this Act, the relevant regulations and rules, and the conditions attached to the relevant land transport documents.
(3) A participant, other than a rail participant, must ensure that the activities or functions for which the land transport document has been granted are carried out by the participant, and by all persons for whom the participant is responsible, safely and in accordance with the relevant prescribed safety standards and practices.
(4) A person who applies for a land transport document that authorises the provision of a service within the land transport system must, if so required by the rules, satisfy the Agency that the person is a fit and proper person; and the Agency must determine whether a person is a fit and proper person for the purposes of this subsection in accordance with subpart 2 of Part 4A, which applies with any necessary modifications.
(5) A participant who holds a land transport document that authorises the provision of a service within the land transport system—
- (a) must, if so required by the rules, establish and follow a safety management system that will ensure compliance with the relevant prescribed safety standards and the conditions attached to the document; and
- (b) must provide training and supervision to all employees of the participant who are engaged in doing anything to which the document relates, so as to maintain compliance with the relevant prescribed safety standards and the conditions attached to the document and to promote safety; and
- (c) must provide sufficient resources to ensure compliance with the relevant prescribed safety standards and the conditions attached to the document.
Compare: 1990 No 98 s 12
Section 4(3): amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).
Section 4(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 4(4): amended, on 1 October 2007, by section 5 of the Land Transport Amendment Act 2005 (2005 No 77).

5 Drivers to be licensed

(1) A person may not drive a motor vehicle on a road—
- (a) without an appropriate current driver licence; or
- (b) in contravention of the conditions of the person's driver licence; or
- (c) if the person is disqualified from holding or obtaining a driver licence, or the person's driver licence is suspended or has been revoked, or the driving is contrary to a limited licence.
(2) A person may not hold or apply for a driver licence while he or she is disqualified under this Act or any other Act from holding or obtaining a driver licence.
(3) While a person's driver licence is suspended under this Act or any other Act, the person may not hold or obtain a driver licence.
(4) A person driving a motor vehicle must produce without delay his or her driver licence for inspection whenever required to do so by an enforcement officer.
(5) Nothing in subsection (1) or subsection (4) applies if the person driving—
- (a) is driving an ambulance in an emergency, and—
  - (i) the emergency requires the licensed driver to perform other duties and it is impracticable for him or her to drive the ambulance, or the licensed driver is injured or otherwise unable to drive; and
  - (ii) unless the licensed driver was unable to do so, the licensed driver has requested that person to drive in place of the licensed driver; or
- (b) is a member of a fire brigade and drives a motor vehicle used by a fire brigade for attendance at emergencies, so long as the vehicle being used at the time is used on urgent fire brigade service and it is impracticable for an appropriately licensed person to drive the vehicle; or
- (c) is a Police employee and drives a motor vehicle in an emergency requiring Police attendance, and—
  - (i) the emergency is not reasonably foreseeable; and
  - (ii) the driving is necessary in the interests of safety or public order; and
  - (iii) an appropriately licensed person is not readily available.
Compare: 1986 No 6 s 37(1), (1A), (2)
Section 5(5)(c): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

6 Vehicles to be safe and operated in compliance with rules

(1) A person may not operate an unsafe motor vehicle on a road.
(2) If the regulations or the rules require a vehicle to have current evidence of vehicle inspection or a current certificate of loading, or both, a person may not operate the vehicle on a road without the appropriate current evidence of vehicle inspection or certificate or both (as the case may require).
(3) A person operating a motor vehicle that is required to have current evidence of vehicle inspection or a certificate of loading must comply with the provisions in the regulations and the rules concerning such evidence or certificate, and the operation of the vehicle.
(4) Evidence of vehicle inspection must be displayed on the vehicle to which it applies.
Compare: 1986 No 6 s 5

7 Drivers not to be reckless or dangerous

(1) A person may not drive a motor vehicle, or cause a motor vehicle to be driven, recklessly.
(2) A person may not drive a motor vehicle, or cause a motor vehicle to be driven, at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person.
Compare: 1962 No 135 s 57
Section 7(1): substituted, on 22 June 2005, by section 6(1) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 7(2): amended, on 22 June 2005, by section 6(2) of the Land Transport Amendment Act 2005 (2005 No 77).

8 Drivers not to be careless or inconsiderate

A person may not drive a vehicle, or cause a vehicle to be driven, carelessly or without reasonable consideration for other persons
Section 8: substituted, on 22 June 2005, by section 7 of the Land Transport Amendment Act 2005 (2005 No 77).

9 Loads transported by vehicles to be secured

A person operating a motor vehicle on a road, and any person loading that vehicle, must ensure that any load carried in or on the vehicle, or in or on a vehicle being towed by the vehicle driven by the operator, is secured and contained in such a manner that it cannot fall or escape from the vehicle.
Compare: 1962 No 135 s 70(1)
Section 9: amended, on 22 June 2005, by section 8 of the Land Transport Amendment Act 2005 (2005 No 77).

Responsibilities of road users under ordinary and emergency rules

10 Road users and others to comply with ordinary rules and emergency rules

A person must comply with the rules.

Responsibilities concerning use of alcohol or drugs

11 Drivers not to exceed specified alcohol limits

A person may not drive or attempt to drive a motor vehicle while—
- (a) the proportion of alcohol in the person's breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, exceeds 400 micrograms of alcohol per litre of breath; or
- (b) the proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or section 73, exceeds 80 milligrams of alcohol per 100 millilitres of blood; or
- (c) if the person is younger than 20,—
  - (i) the proportion of alcohol in the person's breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, exceeds 150 micrograms of alcohol per litre of breath; or
  - (ii) the proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or section 73, exceeds 30 milligrams of alcohol per 100 millilitres of blood.
Compare: 1962 No 135 ss 55(2)(b), (c), 58(1)(a), (c), (f), (g)
Section 11: amended, on 22 June 2005, by section 9 of the Land Transport Amendment Act 2005 (2005 No 77).

11A Persons may not drive or attempt to drive while impaired and their blood contains evidence of use of qualifying drug

A person may not drive or attempt to drive a motor vehicle while—
- (a) impaired; and
- (b) that person's blood contains evidence of the use of a qualifying drug.
Section 11A: inserted, on 1 November 2009, by section 6 of the Land Transport Amendment Act 2009 (2009 No 17).
Section 11A heading: amended, on 1 November 2009, by section 5(1) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
Section 11A(b): substituted, on 1 November 2009, by section 5(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

12 Persons not to drive while under influence of alcohol or drugs

A person may not drive or attempt to drive a motor vehicle while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle.
Compare: 1962 No 135 s 58(1)(e); 1988 No 170 s 7
Section 12: amended, on 22 June 2005, by section 10 of the Land Transport Amendment Act 2005 (2005 No 77).

Responsibilities of drivers and other road users concerning enforcement officers

13 Drivers and other road users to comply with directions of enforcement officers, etc

(1AA) A person driving a motor vehicle that has a warning notice given under section 22AE attached to it must comply with that notice.
(1) A person must comply with sections 68, 69, 70, 72, and 73 (which relate to the administration of breath screening tests, evidential breath tests, and blood tests).
(2) A person must comply with all lawful requirements, directions, and requests made by an enforcement officer under any of sections 68, 69, 70, 72, and 73.
(3) A person must comply with all lawful requirements and requests made by a medical practitioner or medical officer under section 72 or section 73 (which relate to the administration of blood tests).
(4) A person may not—
- (a) remove, obscure, or render indistinguishable a notice affixed to a vehicle under section 115, unless current evidence of vehicle inspection has been obtained for the vehicle or (if the notice was given under section 96(1B)) the direction requiring the vehicle not to be driven on a road has been cancelled under section 102(3)(b) or section 110(3)(a)(ii); or
- (b) drive a vehicle to which a notice given under section 115 applies until current evidence of vehicle inspection has been obtained for, and is displayed on, the vehicle.
(5) Drivers and other persons must comply with all other lawful requirements, directions, notices, and requests given to, and prohibitions imposed on, them under this Act by an enforcement officer or a dangerous goods enforcement officer.
Compare: 1962 No 135 s 68C
Section 13(1AA): inserted, on 1 December 2009, by section 6 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
Section 13(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 13(4)(a): amended, on 2 May 2003, by section 4 of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

Part 3
Additional responsibilities concerning road transport

14 False or misleading information not to be given

A person who is required by or under this Act to give any specified information, or who gives a statutory declaration for any purpose under this Act, may not give in response to that requirement, or in that statutory declaration, information that the person knows to be false or misleading.

15 Persons not to impersonate enforcement officers

(1) A person (other than an enforcement officer or a dangerous goods enforcement officer) may not by words, conduct, or demeanour pretend to be an enforcement officer or dangerous goods enforcement officer, or put on or assume the dress, name, designation, or description of an enforcement officer or dangerous goods enforcement officer.
(2) This section does not affect section 48 of the Policing Act 2008.
Compare: 1962 No 135 s 192A
Section 15(2): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

16 Heavy motor vehicles not to be overloaded

A person operating a heavy motor vehicle or combination of vehicles may not operate the vehicle or vehicles in breach of the prescribed maximum gross weight limits for motor vehicles or prescribed maximum weight limits for axles or groups of axles of motor vehicles.
Compare: 1962 No 135 s 69B

17 Distance recorders not to be altered

A person may not, with intent to cause a false record of the distance travelled by a motor vehicle to be shown or recorded, make or cause to be made any alteration to the distance recorder or to the vehicle.
Compare: 1962 No 135 s 192B

18 Doctors and optometrists to give Agency medical reports of persons unfit to drive

(1) This section applies if a medical practitioner or optometrist, who has attended or been consulted in respect of a driver licence holder, considers that—
- (a) the mental or physical condition of the licence holder is such that, in the interests of public safety, the licence holder—
  - (i) should not be permitted to drive motor vehicles of a specified class or classes; or
  - (ii) should only be permitted to drive motor vehicles subject to such limitations as may be warranted by the mental or physical condition of the licence holder; and
- (b) the licence holder is likely to drive a motor vehicle.
(2) If this section applies, the medical practitioner or optometrist must as soon as practicable give the Agency written notice of the opinion under subsection (1)(a) and the grounds on which it is based.
(3) A medical practitioner or optometrist who gives a notice under subsection (2) in good faith is not liable to civil or professional liability because of any disclosure of personal medical information in that notice.
(4) Nothing in section 32 or section 33 of the Evidence Amendment Act (No 2) 1980 applies to a notice given under this section.
Compare: 1986 No 6 s 45A
Section 18 heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 18(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 18(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 18(2): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 18(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

19 Licences of certain persons subject to Mental Health (Compulsory Assessment and Treatment) Act 1992 to be suspended

(1) If a person who holds a driver licence becomes subject to a compulsory treatment order that is an inpatient order or becomes a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992,—
- (a) the person in charge of the hospital to which the person is referred or at which the person is detained must notify the Agency of the making of an inpatient order or that the person is a special patient (as the case may be); and
- (b) the licence is suspended while the holder is subject to an inpatient order or is a special patient.
(2) A person who has possession of the driver licence of a person referred to in subsection (1) must, on the request of the person in charge of the hospital at which the holder is an inpatient, deliver the licence to the person in charge of the hospital; and the person in charge must forward the licence to the Director of Area Mental Health Services.
(3) The Director of Area Mental Health Services must retain a driver licence received under this section until it ceases to be subject to this section, and then,—
- (a) in the case of a licence that applies to commercial vehicles, forward the licence to the Agency; or
- (b) in any other case, return the licence to the holder or to the person in possession referred to in subsection (2).
(4) If a person to whom this section applies ceases to be a person referred to in subsection (1) and his or her responsible clinician considers that person to be unfit to hold a driver licence, the responsible clinician must advise the Director of Area Mental Health Services of that opinion and that Director must give the Agency a certificate to that effect and (if it is in his or her possession) return the licence to the Agency; and the licence has no effect unless it is returned to the holder under subsection (5).
(5) A person referred to in subsection (4) may apply to the Agency for the return of his or her driver licence and the Agency must return the licence if satisfied the holder is fit to drive.
(6) If—
- (a) a person to whom subsection (1) applies is, under any of sections 31, 50, and 52 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, permitted to be absent on leave from a hospital under that Act; and
- (b) a responsible clinician certifies in writing that, in the clinician's opinion, that person is fit to hold a driver licence,—
subsection (1)(b) does not apply to that person while that person is absent on leave from the hospital, and, if that person's driver licence is held by the Director of Area Mental Health Services, the licence must be returned to the holder.
(7) In any case to which subsection (3)(a) applies, once the holder ceases to be subject to this section, the Agency must, as soon as practicable after the Agency is satisfied the holder is eligible to hold the licence, return the licence to the holder or to the person previously in possession referred to in subsection (2).
Compare: 1986 No 6 s 46
Section 19(1)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 19(1)(a): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).
Section 19(3)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 19(3)(a): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).
Section 19(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 19(4): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).
Section 19(5): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 19(5): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).
Section 19(7): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 19(7): amended, on 1 December 2004, by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).

20 Traffic surveys not to be conducted unless approved by Agency

(1) A person may not, without the prior written consent of the Agency, conduct on a road a traffic survey that is likely to involve the stopping, delay, or diversion of vehicles.
(2) The Agency may consent conditionally or unconditionally, and, if any condition is not complied with, the Agency may direct that the survey be discontinued.
Compare: 1962 No 135 s 76C
Section 20 heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 20(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 20(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

21 Enforcement officers to ameliorate hazards

If an enforcement officer, acting in the course of his or her official duties, becomes aware of the existence on a road of a hazard to the safety of traffic (whether arising from the nature or condition of a road or otherwise), the officer must—
- (a) take such steps as may be reasonably practicable to eliminate or reduce the hazard; and
- (b) if it is not reasonably practicable for the officer to eliminate the hazard, as soon as practicable report the existence of the hazard to the road controlling authority with a view to eliminating the hazard.
Compare: 1962 No 135 s 76B

22 Driver's duties where accident occurs

(1) If an accident arising directly or indirectly from the operation of a vehicle occurs to a person or to a vehicle, the driver or rider of the vehicle must—
- (a) stop and ascertain whether a person has been injured; and
- (b) render all practicable assistance to any injured persons.
(2) The driver or rider of the vehicle must, if required by an enforcement officer or any other person involved in the accident, give the officer or other person—
- (a) the driver's or rider's name and address; and
- (b) the name and address of the owner of the vehicle; and
- (c) if the vehicle concerned is a motor vehicle, the number or letters or other expression on the registration plates assigned to the vehicle.
(3) If the accident involves an injury to or the death of a person, the driver or rider must report the accident to an enforcement officer as soon as reasonably practicable, and in any case not later than 24 hours after the time of the accident, unless the driver or rider is incapable of doing so by reason of injuries sustained by him or her in the accident.
(4) If the accident involves damage to an unoccupied motor vehicle or to other property belonging to a person other than the driver or rider, the driver or rider must (unless he or she is incapable of doing so by reason of injuries sustained by him or her in the accident), not later than 48 hours after the time of the accident, report to the owner—
- (a) the driver's or rider's name and address; and
- (b) the number on the registration plates assigned to the motor vehicle; and
- (c) the location of the accident.
(5) If the accident involves damage to an unoccupied motor vehicle or to other property belonging to a person other than the driver or rider, but the owner cannot readily be contacted or identified, the driver or rider must report the accident to an enforcement officer as soon as practicable and in any case within 60 hours after the time of the accident.
(6) If the motor vehicle involved in the accident is a fire engine or an ambulance travelling to an emergency, the driver complies with subsection (1) if he or she stops the vehicle and sets down a member of the crew who is equipped with a first-aid kit and discharges all the other duties imposed on a driver by that subsection.
(7) Subsections (3) to (5) do not apply if the driver or rider has been arrested or detained as a result of the accident.
(8) This section does not apply to a rail vehicle unless that vehicle is a light rail vehicle.
Compare: 1962 No 135 s 65
Section 22(3): amended, on 1 October 2008, by section 124(2) of the Policing Act 2008 (2008 No 72).
Section 22(5): amended, on 1 October 2008, by section 124(3) of the Policing Act 2008 (2008 No 72).
Section 22(8): added, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

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.
(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.
(4) In this section and in section 96(9), the operation of a motor vehicle in a particular manner is authorised by law if,—
- (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, and is conducted in accordance with the conditions (if any) imposed under Schedule 10 of that Act; or
- (c) the operation is otherwise authorised by or under an enactment other than this section.
Section 22A: inserted, on 2 May 2003, by section 5 of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).
Section 22A(3A): inserted, on 1 December 2009, by section 7 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Bylaws

Heading: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

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) may apply—
- (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) may leave any matter or thing to be regulated, controlled, or prohibited by the road controlling authority by resolution generally, for any specified classes of case, or in a particular case.
(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 has the same meaning as in section 4(1) of the Railways Act 2005.
Section 22AB: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

22AC Minister may amend, replace, or disallow bylaws

(1) The Minister may, by notice published in the Gazette, amend, replace, or disallow, either wholly or in part, any bylaw made by a road controlling authority under section 22AB or any other enactment (whether before or after the commencement of this section) if the bylaw—
- (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), the bylaw must, to the extent to which it is disallowed, be treated as having been revoked.
(3) Any disallowance under subsection (1) takes effect either on the day of the publication of the notice of disallowance in the Gazette or on a later date that may be specified in the notice.
Section 22AC: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

22AD Consultation

(1) A road controlling authority that is a local authority may not make a bylaw under section 22AB unless it has used the special consultative procedures set out in section 83 of the Local Government Act 2002.
(2) A road controlling authority that is not a local authority may not make a bylaw under section 22AB unless it has consulted with—
- (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) of the road controlling authority's proposal to make, amend, or replace a bylaw; and
- (b) give those persons a reasonable time, which must be specified in the notice, to make submissions on the proposal.
Section 22AD: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

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 and authenticated by the road controlling authority that made it is, until the contrary is proved, sufficient evidence of the existence and provisions of the bylaw.
Section 22AE: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

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; and
- (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.
Section 22AF: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Traction engine safety

Heading: inserted, on 16 January 2006, by section 11 of the Land Transport Amendment Act 2005 (2005 No 77).

22B Operators of traction engines to hold appropriate current qualification

(1) A person may not use a traction engine in a public place—
- (a) without an appropriate qualification provided for in the regulations or the rules; or
- (b) if the person is not permitted under this Act to drive a motor vehicle.
(2) A person who uses a traction engine must produce without delay his or her qualification referred to in subsection (1)(a) for inspection whenever required to do so by an enforcement officer.
(3) In this section and sections 22C and 36B, public place—
- (a) means a place that is open to, or being used by, the public, whether or not there is a charge for admission; and
- (b) includes a road and any part of a public place.
Section 22B: inserted, on 16 January 2006, by section 11 of the Land Transport Amendment Act 2005 (2005 No 77).

22C Traction engine to be safe and operated in compliance with regulations and rules

(1) A person may not use a traction engine in a public place in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person.
(2) If the regulations or the rules require a traction engine to have current evidence of vehicle inspection, or any other certificate, or both, a person may not use the traction engine in a public place without the appropriate current evidence of vehicle inspection, certificate, or both (as the case may require).
(3) A person who uses a traction engine that is required to have current evidence of vehicle inspection, or a certificate, must comply with the regulations and the rules concerning such evidence or certificate, and the use of the traction engine.
(4) Current evidence of vehicle inspection must be displayed on the traction engine to which it applies.
Section 22C: inserted, on 16 January 2006, by section 11 of the Land Transport Amendment Act 2005 (2005 No 77).

Part 4
Driver licensing

23 Issue of driver licences

(1) The Agency must issue driver licences in accordance with the regulations and the rules.
(2) Except as provided in subsection (3), a driver licence may be issued for a period not exceeding 10 years and, unless the licence is extended under that subsection or for any reason ceases to have effect on an earlier date, the licence expires on the expiry date specified on the licence.
(3) The Agency may—
- (a) issue licences for a period not exceeding 11 years in cases provided for by the rules:
- (b) extend, in accordance with the rules, the term of a driver licence by 1 further period not exceeding 12 months.
(4) All driver licences in force immediately before this subsection comes into force continue in force and expire on a date to be determined in accordance with the rules, even though they may have been valid for more than 10 years when issued.
Compare: 1986 No 6 s 4
Section 23(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 23(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

24 Agency may issue temporary driver licences

(1) If an applicant for a driver licence meets the requirements for the issue of a licence of the class sought and the Agency is satisfied there will be some delay in issuing the licence, the Agency may issue to the person a temporary driver licence which—
- (a) must be in such form and contain such details as may be specified in the rules; and
- (b) is valid for such period, not exceeding 21 days, as may be specified on the temporary licence.
(2) A temporary driver licence issued under this section has the same effect as a driver licence of the same class issued under section 23.
(3) Despite subsection (1), in the case of a person whose licence has expired or been revoked, the Agency may issue a temporary licence, valid for a period not exceeding 1 year as specified on the temporary licence, as necessary to enable the person to continue to drive while his or her fitness to drive is assessed by the Agency or a person authorised by the Agency.
Section 24 heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 24(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 24(3): added, on 16 January 2006, by section 12 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 24(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

25 Minimum age for driver licensing

A person who is younger than 15 may not hold or obtain a driver licence.
Compare: 1986 No 6 s 40(2)

26 Drivers may be tested and examined

The Agency may require an applicant for a driver licence and holders of driver licences to—
- (a) complete courses that are approved by the Agency:
- (b) pass tests and examinations that are approved by the Agency.
Section 26: substituted, on 16 January 2006, by section 13 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 26: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 26(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 26(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

27 Suspension and revocation of licences

The Agency may suspend or revoke a driver licence in accordance with the regulations and the rules.
Section 27: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

28 Photographic driver licence

(1) A driver licence must be in the prescribed form and must have on it—
- (a) a photographic image of the holder; and
- (b) the holder's name and signature; and
- (c) the holder's date of birth; and
- (d) unique identifiers to distinguish the licence and the holder from other driver licences and holders; and
- (e) the classes to which the licence applies; and
- (f) the endorsements issued to the holder; and
- (g) the original date of issue of the licence; and
- (h) the date on which the licence expires; and
- (i) organ donor information (if applicable); and
- (j) an indication of any condition the holder must comply with while driving a motor vehicle; and
- (k) such other features as may be specified in the rules for the purposes of verifying or protecting the integrity of the licence.
(2) In addition, a driver licence may show the holder's address if the holder requests that those details be shown.
(3) A driver licence may not have on it any photographic image, information, or features other than those referred to in subsection (1) or subsection (2).
(4) This section applies to licences issued or renewed on or after the date this section comes into force, subject to subsections (4A), (4B), and (4C).
(4A) Without limiting subsection (4), subsection (1)(g) applies to all new driver licences, including—
- (a) renewal of a current driver licence; and
- (b) renewal of an expired driver licence, whether the holder—
  - (i) was previously suspended or disqualified; or
  - (ii) failed to renew his or her driver licence on expiry; and
- (c) a replacement driver licence.
(4B) Despite subsections (1)(g) and (4),—
- (a) in the case of a driver licence that has been revoked, the new driver licence must show the date of issue of the new licence; and
- (b) in the case of a person who applies to convert an overseas licence or permit to a New Zealand full driver licence, the licence must show the date of issue of that person's first New Zealand driver licence; and
- (c) in the case of a learner licence or restricted licence issued under Part 4 of the Land Transport (Driver Licensing) Rule 1999, the original date of issue of the learner licence or restricted licence must be shown on that licence.
(4C) Subsection (4B)(c) does not apply if the learner licence or the restricted licence adds a class to an existing licence.
(5) The Agency must store the photographic image used for each licence until the licence expires.
Section 28(1)(g): amended, on 16 January 2006, by section 14(1) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 28(4): amended, on 16 January 2006, by section 14(2) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 28(4A): inserted, on 16 January 2006, by section 14(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 28(4B): inserted, on 16 January 2006, by section 14(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 28(4C): inserted, on 16 January 2006, by section 14(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 28(5): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

28A Transitional provisions for photographic driver licences

Despite section 28(1)(g) and (4), the date of issue of a driver licence continues to be shown on an existing licence until that licence is renewed or replaced under Part 12 of the Land Transport (Driver Licensing) Rule 1999.
Section 28A: inserted, on 16 January 2006, by section 15 of the Land Transport Amendment Act 2005 (2005 No 77).

29 Certain driver licences have no effect

(1) A driver licence has no effect if—
- (a) the person who obtained the licence is not qualified to hold it or is disqualified from holding it, or already holds a driver licence of the same class as the other licence; or
- (b) the licence is for the time being suspended, or has been revoked, under any Act.
(2) An authority to drive vehicles of a specified class that is conferred by part of a driver licence or an endorsement on a driver licence has no effect if—
- (a) the person who obtained the authority is not qualified to drive, or is disqualified from driving, vehicles of that class; or
- (b) the relevant part of the licence or the endorsement is for the time being suspended, or has been revoked, under any Act.

29A Persons convicted of specified serious offences prohibited from holding passenger endorsement

(1) A person who has been convicted of a specified serious offence on, before, or after the commencement of this section may not hold a passenger endorsement on his or her driver licence.
(2) A passenger endorsement is deemed to be expired and of no effect if held by a person who has been convicted of a specified serious offence on, before, or after the commencement of this section.
(3) Despite subsection (1), a person may hold a passenger endorsement if—
- (a) the person has not, with respect to a conviction for a specified serious offence, been sentenced to imprisonment for a term exceeding 12 months; and
- (b) the Agency is, having regard to the criteria in section 29B(2)(b), satisfied that allowing the person to hold a passenger endorsement would not—
  - (i) be contrary to the public interest; and
  - (ii) pose an undue risk to public safety or security.
(4) For the purposes of this section,—
imprisonment excludes—
- (a) corrective training; or
- (b) borstal training; or
- (c) detention centre training
specified serious offence means—
- (a) murder; or
- (b) a sexual crime under Part 7 of the Crimes Act 1961 punishable by 7 or more years' imprisonment (other than an act that is no longer an offence); and includes a crime under section 144A or section 144C of that Act; or
- (c) an offence against any of the following sections of the Crimes Act 1961:
  - (i) section 173 (attempt to murder):
  - (ii) section 174 (counselling or attempting to procure murder):
  - (iii) section 175 (conspiracy to murder):
  - (iv) section 176 (accessory after the fact to murder):
  - (v) section 188 (wounding with intent):
  - (vi) section 189(1) (intent to cause bodily harm by injury):
  - (vii) section 191 (aggravated wounding or injury):
  - (viii) section 198 (discharging firearm or doing dangerous act with intent):
  - (ix) section 199 (acid throwing):
  - (x) section 200(1) (intent to cause grievous bodily harm by poison):
  - (xi) section 201 (infecting with disease):
  - (xii) section 208 (abduction for purposes of marriage or sexual connection):
  - (xiii) section 209 (kidnapping):
  - (xiv) section 210 (abduction of young person under 16):
  - (xv) section 234 (robbery):
  - (xvi) section 235 (aggravated robbery):
  - (xvii) section 236 (assault with intent to rob):
- (d) an offence committed outside New Zealand that, if committed in New Zealand, would constitute an offence specified in paragraphs (a) to (c).
Section 29A: inserted, on 16 January 2006, by section 16 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 29A heading: amended, on 21 March 2006, by section 4(1) of the Land Transport Amendment Act 2006 (2006 No 2).
Section 29A(1): amended, on 21 March 2006, by section 4(2) of the Land Transport Amendment Act 2006 (2006 No 2).
Section 29A(3): substituted, on 21 March 2006, by section 4(3) of the Land Transport Amendment Act 2006 (2006 No 2).
Section 29A(3)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 29A(3)(b): amended, on 20 September 2007, by section 4 of the Land Transport Amendment Act 2007 (2007 No 66).
Section 29A(4): added, on 21 March 2006, by section 4(3) of the Land Transport Amendment Act 2006 (2006 No 2).

29B Passenger endorsement may be reinstated in certain cases

(1) A person who has a conviction for a specified serious offence may apply to the Agency to have the passenger endorsement reinstated if—
- (a) the person's passenger endorsement—
  - (i) is deemed to be expired and of no effect under section 29A(2); or
  - (ii) expired during the period beginning on 22 June 2005 and ending on the close of 15 January 2006; and
- (b) the person has not, with respect to a conviction for an offence specified in paragraph (a) or paragraph (b) of the definition of specified serious offence in section 29A(4), been sentenced to imprisonment for a term exceeding 12 months.
(2) If an application is made under subsection (1), the Agency—
- (a) may reinstate the applicant's passenger endorsement if satisfied that allowing the applicant to hold a passenger endorsement would not—
  - (i) be contrary to the public interest; and
  - (ii) pose an undue risk to public safety or security; and
- (b) must, when determining whether reinstating the applicant's passenger endorsement would not be contrary to the public interest and would not pose an undue risk to public safety or security, have regard to—
  - (i) the sentence imposed for the applicant's last conviction for a specified serious offence; and
  - (ii) the length of time since the applicant's last conviction for a specified serious offence; and
  - (iii) the nature and circumstances of each specified serious offence for which the applicant has been convicted; and
  - (iv) any other convictions that the applicant has; and
  - (v) the general safety criteria set out in section 30C; and
  - (vi) any other matters that the Agency considers relevant, including (but not limited to) submissions by any affected party.
(3) If the Agency decides to reinstate the person's passenger endorsement under subsection (2) or allow a person to hold a passenger endorsement under section 29A(3), section 29A(1) does not apply with respect to the person unless the person commits a specified serious offence on or after the date of the Agency's decision.
(4) If the Agency decides not to reinstate the person's passenger endorsement under subsection (2) or allow a person to hold a passenger endorsement under section 29A(3), the person may appeal to the High Court.
(5) For the purposes of this section,—
imprisonment has the same meaning as in section 29A(4)
specified serious offence has the same meaning as in section 29A(4).
Section 29B: substituted, on 21 March 2006, by section 5(1) of the Land Transport Amendment Act 2006 (2006 No 2).
Section 29B(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 29B(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 29B(2)(b)(vi): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 29B(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 29B(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30 Driver licences are property of Agency and are to be surrendered in certain circumstances

(1) Driver licences are the property of the Agency and, except where section 19 applies, must be surrendered or forwarded to the Agency in accordance with subsections (2) to (4A).
(2) The holder of a driver licence must, immediately after receiving notice of the suspension or revocation, surrender his or her licence to the Agency if—
- (a) the licence is suspended or revoked under any Act; or
- (b) the suspension or revocation applies to any endorsement or class specified in the licence but not to the whole licence.
(3) If the holder of a driver licence is disqualified by order of a court from holding or obtaining a driver licence, the holder must (whether or not a demand is made on him or her) immediately surrender the licence to the court where the order was made or to a constable or at any office of the Agency.
(3A) If an enforcement officer has suspended a person's driver licence in accordance with section 90(2), the person must immediately surrender his or her licence to the officer.
(4) A person who receives a driver licence under subsection (3), (3A), or (4A)(b) or (c) must immediately forward it to the Agency.
(4A) The holder of a driver licence must, if that licence is superseded by another driver licence, surrender that driver licence to—
- (a) the Agency; or
- (b) a person appointed by the Agency; or
- (c) a constable.
(5) When either—
- (a) the disqualification or suspension expires or is removed; or
- (b) a court authorises the issue of a limited licence,—
the Agency must, subject to section 83 and as soon as practicable after being satisfied that the holder is eligible to hold such a licence, return the licence to the holder or issue a new licence.
Section 30 heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30 heading: amended, on 22 June 2005, by section 17(1) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30(1): amended, on 22 June 2005, by section 17(2) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 30(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30(3A): inserted, on 20 September 2007, by section 5(1) of the Land Transport Amendment Act 2007 (2007 No 66).
Section 30(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30(4): amended, on 20 September 2007, by section 5(2) of the Land Transport Amendment Act 2007 (2007 No 66).
Section 30(4A): inserted, on 22 June 2005, by section 17(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30(4A)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30(4A)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30(4A)(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 30(5): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Part 4A
Transport services licensing

Part 4A: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Subpart 1—Primary responsibilities of holders of transport service licences

Subpart 1 heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30A Requirements for vehicles

(1) A holder of a transport service licence must ensure that—
- (a) every vehicle to be used in connection with the service is maintained in a fit and proper condition and that the requirements of any Act, regulation, or rule made for this purpose are met:
- (b) no vehicle is used in connection with the service unless and until all fees payable in respect of the vehicle and the service under any Act, regulation, or bylaw have been duly paid or appropriate arrangements have been made for payment.
(2) The holder of any transport service licence must, whenever required to do so by the Agency, present for inspection any vehicle that is used in the service.
(3) No evidence of vehicle inspection may be issued in respect of a transport service vehicle unless the person issuing the evidence of vehicle inspection has been notified of the transport service licence number under which the vehicle is being operated.
(4) No person may use a transport service vehicle if that vehicle has suffered serious damage until the vehicle has been inspected and passed as being safe by a person authorised by the Agency, or the owner of the vehicle has been informed by such a person that the vehicle is not to be inspected.
Compare: 1989 No 74 ss 31, 33
Section 30A: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30A(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30A(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30B Provision of identification information in Braille

The holder of a transport service licence under which a taxi is operated and the driver of that taxi must, in accordance with any regulations or rules, ensure that the following identification information is provided in Braille:
- (a) the name of the approved taxi organisation; and
- (b) the unique fleet number assigned to the taxi; and
- (c) the approved taxi organisation's telephone number for complaints.
Section 30B: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Subpart 2—Fit and proper person test

Subpart 2 heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

Assessment criteria

Heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30C General safety criteria

(1) When assessing whether or not a person is a fit and proper person in relation to any transport service, the Agency must consider, in particular, any matter that the Agency considers should be taken into account—
- (a) in the interests of public safety; or
- (b) to ensure that the public is protected from serious or organised criminal activity.
(2) For the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Agency may consider, and may give any relative weight that the Agency thinks fit having regard to the degree and nature of the person's involvement in any transport service, to the following matters:
- (a) the person's criminal history (if any):
- (b) any offending by the person in respect of transport-related offences (including any infringement offences):
- (c) any history of serious behavioural problems:
- (d) any complaints made in relation to any transport service provided or operated by the person or in which the person is involved, particularly complaints made by users of the service:
- (e) any history of persistent failure to pay fines incurred by the person in respect of transport-related offences:
- (f) any other matter that the Agency considers it is appropriate in the public interest to take into account.
(3) In determining whether or not a person is a fit and proper person for any of the purposes of this Part, the Agency may consider—
- (a) any conviction for an offence, whether or not—
  - (i) the conviction was in a New Zealand court; or
  - (ii) the offence was committed before the commencement of this Part or corresponding former enactment; or
  - (iii) the person incurred demerit points under this Act or a corresponding former enactment in respect of the conviction; and
- (b) the fact that the person has been charged with any offence that is of such a nature that the public interest would seem to require that a person convicted of committing such an offence not be considered to be fit and proper for the purposes of this section.
(4) Despite subsection (3), the Agency may take into account any other matters and evidence as the Agency considers relevant.
Compare: 1989 No 74 s 24(1), (2)(d), (3)
Section 30C: inserted, on 1 October 2007 (with effect on 21 March 2006 for the purposes of section 29B(2)(b)(v)), by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30C(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30C(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30C(2)(f): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30C(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30C(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30D Additional criteria for small passenger service vehicles and vehicle recovery service

Without in any way limiting the matters that the Agency may consider under section 30C(2), when the Agency is assessing whether or not a person is a fit and proper person in relation to any passenger service involving the use of small passenger service vehicles, or to any vehicle recovery service, the Agency must consider, in particular,—
- (a) any history of serious behavioural problems:
- (b) any offending in respect of offences of violence, sexual offences, drugs offences, arms offences, or offences involving organised criminal activities:
- (c) any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges:
- (d) any persistent offending of any kind:
- (e) any complaints in respect of the person or any transport service operated by the person that are of a persistent or serious nature.
Compare: 1989 No 74 s 24(2)(a)
Section 30D: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30D: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30E Additional criteria for large passenger service vehicles

Without in any way limiting the matters that the Agency may have regard to under section 30C(2), when the Agency is assessing whether or not a person is a fit and proper person in relation to any passenger service involving the use of large passenger service vehicles, the Agency must consider, in particular,—
- (a) any history of serious behavioural problems that indicate a propensity for violence:
- (b) any offending in respect of offences of violence or sexual offences:
- (c) any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges.
Compare: 1989 No 74 s 24(2)(b)
Section 30E: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30E: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30F Additional criteria for goods service

Without in any way limiting the matters that the Agency may have regard to under section 30C(2), when the Agency is assessing whether or not a person is a fit and proper person in relation to any goods service, the Agency must consider, in particular,—
- (a) any criminal activity conducted in the course of any transport service or transport-related business or employment:
- (b) any offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges.
Compare: 1989 No 74 s 24(2)(c)
Section 30F: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30F: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Information requirements

Heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30G Agency may require information for fit and proper person assessment

The Agency may, for the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Act,—
- (a) seek and receive any information that the Agency thinks fit; and
- (b) consider information obtained from any source.
Compare: 1989 No 74 s 24(4)
Section 30G: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30G heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30G: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30G(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30H Agency’s duties concerning prejudicial information

If the Agency proposes to take into account any information that is or may be prejudicial to the person, the Agency must, subject to section 30I(1) and to subpart 5, disclose that information to the person and, in accordance with subpart 5, give the person a reasonable opportunity to refute or comment on it.
Compare: 1989 No 74 s 24(5)
Section 30H: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30H heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30H: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30I Non-disclosure by Agency of information for safety reasons

(1) Nothing in section 30H requires the Agency to disclose any information the disclosure of which would be likely to endanger the safety of any person.
(2) If the Agency determines not to disclose any information in reliance on subsection (1), the Agency must inform the person of the fact of non-disclosure and,—
- (a) in the case of non-disclosure to an individual of information about the individual,—
  - (i) inform the individual that he or she may, under the Privacy Act 1993, complain to the Privacy Commissioner about that non-disclosure; and
  - (ii) the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information has been withheld in reliance on section 27(1)(d) of that Act; and
- (b) in any other case,—
  - (i) inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and
  - (ii) the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld in reliance on section 6(d) of that Act.
Compare: 1989 No 74 s 24(6), (7)
Section 30I: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30I heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30I(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30I(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Subpart 3—Licensing of transport services

Subpart 3 heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30J Transport service operators may not carry on certain transport services unless licensed to do so

A transport service operator may not carry on any of the following transport services unless licensed to do so:
- (a) goods service:
- (b) passenger service:
- (c) rental service:
- (d) vehicle recovery service.
Section 30J: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30K Application for transport service licence

(1) Every application for a transport service licence must be—
- (a) made in accordance with the regulations and the rules; and
- (b) accompanied by the fee (if any) required by the regulations.
(2) A person may not hold or apply for a transport service licence while he or she is disqualified under this Act or any other Act from holding or obtaining a transport service licence.
Compare: 1989 No 74 s 6
Section 30K: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30L Grant of licence

(1) After considering an application for a transport service licence, the Agency may grant the licence only if the Agency is satisfied that—
- (a) the applicant is a fit and proper person to hold a transport service licence; and
- (b) any person who is to have, or is likely to have, control or involvement in the operation of the transport service is a fit and proper person to have such control or involvement; and
- (c) the applicant or any person who is to have control of the service is the holder of the appropriate certificate (if any) required by the regulations or the rules; and
- (d) all relevant requirements of this Act, the regulations, and the rules have been complied with.
(2) In determining whether or not a person is a fit and proper person to operate, control, or have an involvement in, a transport service, the Agency must consider the matters specified in subpart 2.
(3) Subpart 5 applies to a decision not to grant a transport service licence.
Compare: 1989 No 74 s 8(1), (2)
Section 30L: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30L(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30L(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30M Conditions of transport service licences

Despite section 30L(1) and (2), the Agency may grant the licence on such conditions as the Agency may specify on the licence or in writing to the holder if the applicant applies for a goods service licence and the Agency—
- (a) is not satisfied that the applicant is a fit and proper person to operate a goods service under the licence sought; but
- (b) is satisfied that—
  - (i) the applicant is a fit and proper person to operate a goods service under a licence to carry the applicant's own goods, if specified conditions are imposed; and
  - (ii) the grant of such a licence is not contrary to the public interest.
Compare: 1989 No 74 s 8(3)
Section 30M: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30M: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30N Transfer, assignment, or lease of transport service licence prohibited

(1) A transport service licence may not be transferred, leased, or assigned to any person.
(2) Nothing in subsection (1) prevents the carrying on of a transport service under a transport service licence that was previously held by a deceased person or a person permanently mentally incapacitated, for a period not exceeding 6 months following the death or incapacitation of the person,—
- (a) by the personal representative of the deceased or incapacitated person; or
- (b) by any other person under an arrangement with the personal representative.
Compare: 1989 No 74 s 26(1), (2)
Section 30N: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30O Term of transport service licence

(1) A transport service licence takes effect on the day it is granted and continues in force until it is—
- (a) surrendered under subsection (2); or
- (b) deemed to be surrendered under subsection (3); or
- (c) revoked under section 30S.
(2) The holder of a transport service licence may surrender the transport service licence at any time by written notice to the Agency.
(3) If no vehicle has been operated under a transport service licence for a period of 2 years, the licence is deemed to have been surrendered.
(4) No transport service licence for a transport service operated by any of the following may be suspended or revoked for any reason:
- (a) the Armed Forces; or
- (b) the Fire Services Commission; or
- (c) the Police; or
- (d) any emergency service organisation approved by the Agency for the purposes of this section.
Compare: 1989 No 74 ss 3(2), 27, 28
Section 30O: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30O(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30O(4)(d): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30P Agency may grant applications for approved taxi organisations

(1) The Agency may grant an application by a person or an organisation to be an approved taxi organisation.
(2) An application by a person or organisation to be an approved taxi organisation must be made in accordance with the regulations or the rules.
(3) An approved taxi organisation must comply with the requirements relating to an approved taxi organisation specified in the regulations or the rules.
(4) A holder of a passenger service licence may not operate a taxi service under that licence unless the licence holder is a member of an approved taxi organisation.
Compare: 1989 No 74 ss 20, 21(1)
Section 30P: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30P heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30P(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30Q Circumstances in which Agency must grant applications for approved taxi organisations

(1) Despite section 30P(1), the Agency must grant an application if the Agency is satisfied that—
- (a) the applicant is—
  - (i) a person who holds, or has made an application for, a passenger service licence; or
  - (ii) an organisation that represents operators of taxi services; and
- (b) any person who will have, or is likely to have, control of the proposed taxi organisation is a fit and proper person, within the meaning of subpart 2, to have control of the proposed taxi organisation; and
- (c) any person who will have, or is likely to have, control of the proposed taxi organisation holds the appropriate certificate (if any) required by the regulations or the rules; and
- (d) the operating rules, rosters, and other internal operating procedures of the proposed taxi organisation are likely to provide adequate control over the proposed taxi organisation's members and their drivers; and
- (e) the proposed taxi organisation's members and their drivers have the ability to meet the relevant requirements of the regulations and the rules; and
- (f) the proposed taxi organisation is likely to be able to meet the relevant requirements of the regulations and the rules; and
- (g) the signage of the proposed taxi organisation is sufficiently distinguishable from the signage of any other approved taxi organisation operating in the same area.
(2) Approval of an application includes approval of the proposed operating rules for the proposed taxi organisation.
(3) Subpart 5 applies to a decision not to grant an application.
Compare: 1989 No 74 s 21(3), (3A), (4)
Section 30Q: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30Q heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30Q(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30R Agency may revoke approval

(1) The Agency may revoke any approval granted under section 30P(1) or section 30Q(1) if—
- (a) the person or organisation has been convicted 3 times or more of an offence against this Act or the regulations; or
- (b) the person or organisation no longer meets the criteria to be an approved taxi organisation; or
- (c) the Agency is satisfied that the person or organisation, or any person in control of the organisation,—
  - (i) is not a fit and proper person, within the meaning of subpart 2, to have control of an approved taxi organisation; or
  - (ii) is not a fit and proper person to have control of an approved taxi organisation because the drivers within that approved taxi organisation have failed to maintain, in accordance with the regulations or the rules,—
    - (A) an adequate area knowledge; or
    - (B) an appropriate ability to communicate in the English language; or
  - (iii) is unable to maintain adequate control over the activities of its members or their drivers in accordance with—
    - (A) the organisation's operating rules; and
    - (B) any relevant regulations or rules made under this Act.
(2) Subpart 5 applies to a decision to revoke an approval.
Compare: 1989 No 74 s 23
Section 30R: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30R heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30R(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30R(1)(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Subpart 4—Revocation of transport service licences

Subpart 4 heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30S When Agency may revoke transport service licence

(1) The Agency may revoke a transport service licence if the Agency is satisfied that—
- (a) the holder of the transport service licence is not a fit and proper person to be the holder of a transport service licence; or
- (b) any person having control of the service, or any person who has an involvement in the operation of the service, is not a fit and proper person to have control of, or be involved in, the operation of the service.
(2) Subpart 5 applies to a decision to revoke a transport service licence.
Compare: 1989 No 74 s 11(1)
Section 30S: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30S heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30S(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30T Procedure Agency must follow before revoking transport service licence

If the proposed revocation of a licence under this section is on the ground that a person other than the licence holder is not a fit and proper person,—
- (a) the notice required to be given to the licence holder by section 30W must specify the steps that the Agency will require to be taken if the licence is not to be revoked, which steps may include a requirement that the person concerned cease all involvement in the service within a specified period; and
- (b) the licence must not be revoked where the licence holder complies with any such requirements of the Agency.
Compare: 1989 No 74 s 11(2), (3)
Section 30T: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30T heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30T(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30T(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30U Suspension of transport service licence

(1) If the holder of a transport service licence, or any person who has control of the service, does not hold a certificate required by the regulations or the rules, the Agency may suspend the licence until the holder of the licence or the person who has control of the service is the holder of such a certificate.
(2) Subject to subsection (1), any such suspension shall cease immediately upon the holder of the licence or any person having control of the service obtaining the appropriate certificate and notifying the Agency accordingly.
(3) Subpart 5 applies to a decision to suspend a transport service licence.
Compare: 1989 No 74 s 18(4), (5)
Section 30U: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30U(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30U(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Subpart 5—Adverse decisions

Subpart 5 heading: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).

30V Interpretation

In sections 30W to 30Y, unless the context otherwise requires,—
adverse decision means any decision of the Agency—
- (a) that a person is not a fit and proper person under subpart 2; or
- (b) to refuse to grant—
  - (i) a transport service licence under section 30L; or
  - (ii) approval as an approved taxi organisation under section 30Q(1); or
- (c) to grant a licence on conditions under section 30M; or
- (d) to revoke—
  - (i) a transport service licence under section 30S; or
  - (ii) approval of an approved taxi organisation under section 30R(1); or
- (e) to suspend—
  - (i) a transport service licence under section 30U; or
  - (ii) a transport service driver or other person under section 87D; or
- (f) to disqualify—
  - (i) a transport service driver under section 87A; or
  - (ii) a transport service licence holder or person in control of a transport service under section 87B
affected licence holder, in relation to any person directly affected by an adverse decision, means the holder of or the applicant for the transport service licence for the transport service in which that person has or is to have control or is or will be involved, whether as a driver or otherwise
person directly affected, in relation to any adverse decision, means the person who would be entitled under section 106 to appeal against that adverse decision
person on the basis of whose character the adverse decision arises, in relation to any adverse decision made or proposed to be made on the ground that any person is not a fit and proper person for the purposes of the relevant service, licence, or other matter to which the decision relates, means the person whom the Agency assesses as not being a fit and proper person.
Compare: 1989 No 74 s 25(1)
Section 30V: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30V adverse decision: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30V person on the basis of whose character the adverse decision arises: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30W Agency to notify proposal to make adverse decision

(1) If the Agency proposes to make an adverse decision under this Part in respect of any person, the Agency must, by notice in writing,—
- (a) notify the person directly affected of the proposed decision; and
- (b) subject to subsection (3), inform that person of the grounds for the proposed decision; and
- (c) specify a date by which submissions may be made to the Agency in respect of the proposed decision (which date must not be less than 21 days after the date on which the notice is given); and
- (d) if appropriate, specify the date on which the proposed decision will, unless the Agency otherwise determines, take effect, being a date not earlier than 28 days after the date the notice is given; and
- (e) notify the person of the person's right of appeal under section 106, in the event of the Agency proceeding with the proposed decision; and
- (f) specify such other matters as in any particular case may be required by this Act or any other Act.
(2) If the Agency gives a notice under subsection (1), the Agency—
- (a) must also supply a copy of the notice to—
  - (i) any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected:
  - (ii) any affected licence holder, if the Agency considers that the proposed adverse decision is likely to have a significant impact on the operations of that licence holder:
- (b) may supply a copy of the notice to any other affected licence holder.
(3) No notice or copy of a notice given under this section may include or be accompanied by any information referred to in section 30H except to the extent that—
- (a) the notice or copy is supplied to the person to whom the information relates; or
- (b) that person consents to the supply of that information to any other person.
Compare: 1989 No 74 s 25(2)–(4)
Section 30W: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30W heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30W(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30W(1)(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30W(1)(d): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30W(1)(e): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30W(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30W(2)(a)(ii): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30X Procedure for consideration of information

If any notice or copy of a notice is given to any person under section 30W,—
- (a) it is the responsibility of the person to ensure that all information that the person wishes to have considered by the Agency in relation to the proposed adverse decision is received by the Agency within the period specified in the notice under section 30W(1)(c), or within any further period that the Agency may allow in any case:
- (b) the Agency may, but is not obliged to, consider any information supplied by the person after the expiry of the period referred to in paragraph (a), other than information requested by the Agency and supplied by the person within such reasonable time as the Agency may specify:
- (c) the Agency must consider any submissions made in accordance with paragraph (a), and any information supplied pursuant to a request referred to in paragraph (b), but is not obliged to hear any person on the matter.
Compare: 1989 No 74 s 25(5)
Section 30X: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30X(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30X(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30X(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30Y Agency’s determination

After considering the matters referred to in section 30X(c), the Agency must—
- (a) finally determine whether or not to make the proposed adverse decision; and
- (b) as soon as practicable thereafter, notify in writing to the person directly affected, and any other person of a kind referred to in section 30W(2)(a), of—
  - (i) the Agency's decision; and
  - (ii) if appropriate, the date on which the decision will take effect; and
  - (iii) if appropriate, the right of appeal under section 106.
Compare: 1989 No 74 s 25(6)
Section 30Y: inserted, on 1 October 2007, by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30Y heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30Y: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30Y(b)(i): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Part 4B
Work time and logbooks

Part 4B: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30Z Application of Part

Nothing in this Part applies in respect of any rail service vehicle.
Section 30Z: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZA Agency may grant exemptions or approve alternative fatigue management schemes

(1) If the Agency takes into account the criteria specified in section 166(2), the Agency may, upon any conditions that the Agency considers appropriate,—
- (a) with respect to subpart 1, grant written variations to work time requirements specified in subpart 1 or the rules:
- (b) with respect to subpart 2, grant partial or total written exemptions from some or all of the requirements to maintain logbooks:
- (c) approve, in accordance with the rules, an alternative fatigue management scheme that varies the work time restrictions or rest time requirements of any rule for all drivers covered by the relevant transport service licence.
(2) A variation or exemption granted, or an approval given under subsection (1), in relation to work time or logbooks may be amended or revoked at any time by the Agency in writing.
(3) The Agency may revoke, by notice in writing, any exemption from logbook use granted under the rules if the Agency has reason to believe that the person has breached the rules or any conditions imposed under subsection (1).
(4) Before approving an alternative fatigue management scheme under subsection (1)(c), the Agency must be satisfied that the applicant has consulted any representatives of the drivers covered by the relevant transport licence (including, but not limited to, unions).
Compare: 1962 No 135 s 70B(4), (5)
Section 30ZA: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30ZA heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30ZA(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30ZA(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30ZA(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30ZA(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Subpart 1—Work time

Subpart 1 heading: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZB Application of subpart

(1) This subpart applies if, in a cumulative work period,—
- (a) a driver drives a vehicle that requires a class 2, 3, 4, or 5 licence (as specified in the rules); or
- (b) a driver drives a vehicle that is used in—
  - (i) a transport service (other than a rental service); or
  - (ii) circumstances in which that vehicle must, or ought to, be operated under a transport service licence; or
- (c) a driver drives a vehicle that is used to carry goods for hire or reward.
(2) Despite subsection (1), this subpart—
- (a) applies whether or not the vehicle is—
  - (i) engaged in any transport service; or
  - (ii) carrying any load or passengers; but
- (b) does not apply to a driver of a goods service vehicle that—
  - (i) requires a class 1 or class 2 licence (as specified in the rules); and
  - (ii) is used within a 50 km radius of the vehicle's normal base of operation; and
  - (iii) is not used for hire or reward.
Section 30ZB: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZC Limits on work time

(1) No driver may work for a period of time that—
- (a) exceeds the work time restrictions specified in this section, the rules, or any variation granted under section 30ZA; or
- (b) fails to comply with the rest time requirements specified in this section, the rules, or any variation granted under section 30ZA.
(2) In any cumulative work day, a driver—
- (a) may not exceed 13 hours of work time; and
- (b) must have at least 10 hours of continuous rest time.
(3) No driver may, in any cumulative work period, exceed 70 hours of work time.
(4) This section does not apply to a driver of an ambulance service, a fire brigade, or a rural fire party who is proceeding to or returning from an incident attended in response to a priority call specified in the rules.
Compare: 1962 No 135 s 70B(1), (2)
Section 30ZC: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZD Records must be kept

(1) A person who employs a person to drive a vehicle referred to in section 30ZB, and any self-employed driver who drives a vehicle referred to in section 30ZB, must keep—
- (a) time records, wage records, and other related employment records for the driver; and
- (b) accommodation records and receipts for the driver that are relevant to the driver's transport service or transport service vehicle; and
- (c) fuel records and receipts for the relevant transport service vehicles.
(2) The person who keeps the records required under subsection (1) must—
- (a) keep each record for 12 months from the date it is made; and
- (b) make all relevant time records, fuel records and receipts, accommodation records and receipts, wage records, and other related employment records in the possession or control of that person available for immediate inspection on demand at any reasonable time by an enforcement officer.
(3) Every enforcement officer to whom records are made available for inspection under subsection (2)(b) is entitled to make copies of those records.
Compare: 1962 No 135 s 70B(6), (6A)
Section 30ZD: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

Subpart 2—Logbooks

Subpart 2 heading: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZE Application of subpart

(1) This subpart applies if, in a cumulative work period,—
- (a) a driver drives a vehicle that requires a class 2, 3, 4, or 5 licence (as specified in the rules); or
- (b) a driver drives a vehicle that is used in—
  - (i) a transport service (other than a rental service); or
  - (ii) circumstances in which the vehicle must, or ought to, be operated under a transport service licence; or
- (c) a driver drives a vehicle that is used to carry goods for hire or reward if that vehicle is a heavy motor vehicle.
(2) Despite subsection (1), this subpart—
- (a) applies whether or not the vehicle is—
  - (i) engaged in any transport service; or
  - (ii) carrying any load or passengers; but
- (b) does not apply to a driver of a goods service vehicle that—
  - (i) requires a class 1 or class 2 licence (as specified in the rules); and
  - (ii) is used within a 50 km radius of the vehicle's normal base of operation; and
  - (iii) is not used for hire or reward.
Section 30ZE: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZF Drivers must maintain logbooks

Unless exempted under section 30ZA(1), the regulations, or the rules, a driver must maintain a logbook in the—
- (a) manner prescribed by the rules; and
- (b) form approved by the Agency in accordance with the rules.
Compare: 1962 No 135 s 70C(1)
Section 30ZF: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30ZF(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30ZG Agency may approve or revoke alternative means of recording matters

The Agency may, in accordance with the rules, approve or revoke an alternative means of recording matters relevant to the monitoring of work time.
Section 30ZG: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30ZG heading: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 30ZG: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

30ZH Duties regarding logbooks

(1) A driver must—
- (a) retain a logbook required to be maintained by that driver under section 30ZF for a period of 12 months after the date of the last entry in that logbook; and
- (b) in the case of a driver who is an employee, deliver a copy of each completed logbook record to the driver's employer within 14 days after completing that record, and the employer must retain the copy of each logbook record for a period of 12 months from the date of the record.
(2) A driver must—
- (a) carry a logbook with him or her at all times when driving a vehicle to which section 30ZE applies; and
- (b) produce, on demand by any enforcement officer and without delay, any logbook that—
  - (i) the driver is required to maintain; and
  - (ii) relates to—
    - (A) the day of the driver's last rest time of at least 24 hours; and
    - (B) all the days since that rest time.
(3) If the form of the logbook required to be maintained under section 30ZF includes an identical copy made simultaneously with the original of that logbook, and the logbook has been produced to an enforcement officer, that enforcement officer is entitled, on demand,—
- (a) to remove that identical copy; or
- (b) if that identical copy has previously been removed or is illegible, to make a copy of that logbook.
(4) A person who is required to retain a logbook or a copy of a logbook under subsection (1) must make it and all relevant time records, wage records, and other related employment records available for immediate inspection on demand by an enforcement officer at any reasonable time during the period for which it is required to be retained.
(5) A person to whom a logbook or a copy of a logbook or records are required to be made available for inspection under subsection (4) is entitled to make a copy of that logbook or that copy or those records.
Compare: 1962 No 135 s 70C(5)–(7A)
Section 30ZH: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).
Section 30ZH(2)(a): amended, on 1 October 2007, by section 6 of the Land Transport Amendment Act 2007 (2007 No 66).

Subpart 3—Evidence in proceedings

Subpart 3 heading: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

30ZI Evidence in proceedings for offences against subpart 1 or subpart 2

(1) In proceedings for an offence against subpart 1 or subpart 2, the following is sufficient evidence of the contents of a log-book, unless the contrary is proved by production to the court of the logbook or of an identical copy of the logbook made simultaneously with the original logbook,—
- (a) evidence given by an enforcement officer authorised to demand the production of logbooks under section 30ZH(2)(b), or by any person who had that status at the time when the alleged offence was committed, as to the contents of any logbook as seen and recorded by that person at the time it was produced; and
- (b) an identical copy of any logbook removed, or a copy of any logbook made, by an enforcement officer in accordance with section 30ZH(3) or section 30ZH(4).
(2) In any proceedings in respect of an offence against subpart 1 it is presumed, until the contrary is proved, that the contents of any logbook produced to an enforcement officer authorised to demand production of the logbook or removed by an enforcement officer from an accident scene where the driver is incapacitated are an accurate statement of the truth of the matter required to be recorded in the logbook by section 30ZF.
Compare: 1962 No 135 s 70D(8), (9)
Section 30ZI: inserted, on 1 October 2007, by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).

Part 5
Offences relating to driving (other than alcohol-related offences) and penalties

Offences relating to driver licensing

31 Contravention of sections 5(1)(a), 5(1)(b), 5(4), 30(2), 30(3), or 30(4A)

(1) A person commits an offence if the person—
- (a) drives a motor vehicle on a road—
  - (i) with an expired driver licence; or
  - (ii) without an appropriate driver licence; or
- (b) drives a motor vehicle contrary to the conditions of his or her driver licence; or
- (c) is the driver of a motor vehicle and fails to produce his or her driver licence for inspection without delay after being required to do so by an enforcement officer; or
- (d) fails to return his or her driver licence to the Agency, a person appointed by the Agency, or a constable when required to do so by subsection (2) or subsection (3) or subsection (4A) of section 30.
(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $1,000.
Compare: 1986 No 6 s 37(3), (4)
Section 31 heading: amended, on 22 June 2005, by section 20(1) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 31(1)(a): substituted, on 22 June 2005, by section 20(2) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 31(1)(d): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 31(1)(d): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 31(1)(d): amended, on 22 June 2005, by section 20(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 31(1)(d): amended, on 22 June 2005, by section 20(4) of the Land Transport Amendment Act 2005 (2005 No 77).

32 Contravention of section 5(1)(c)

(1) A person commits an offence if the person drives a motor vehicle on a road—
- (a) while disqualified from holding or obtaining a driver licence; or
- (b) contrary to a limited licence; or
- (c) while his or her driver licence is suspended or revoked.
(2) Nothing in subsection (1) applies to any person—
- (a) who has been ordered by a court to attend an approved driving improvement course under section 92(1) or a programme approved by the Agency under section 99A or to undergo any test or examination prescribed for a driver licence or endorsement; and
- (b) who, in the course of his or her attendance at that course or programme or while undergoing such a test or examination,—
  - (i) in the case of a motorcyclist, drives under the supervision of a person who holds a driving instructor or testing officer endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999 that is relevant to a class of licence for a motorcycle:
  - (ii) in any other case, drives while accompanied by a person who holds a driving instructor or testing officer endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999.
(3) If a person is convicted of a first or second offence against subsection (1),—
- (a) the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
- (b) the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
(4) If a person commits a third or subsequent offence against subsection (1) (whether or not of the same kind of offence as the previous offences), the person commits an indictable offence and on conviction—
- (a) the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
- (b) the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
(5) For the purposes of this section, a conviction for an offence against a provision of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or the Transport Act 1962 corresponding to an offence specified in subsection (1) is to be treated as a conviction for an offence specified in that subsection.
(6) The imposition of a mandatory disqualification under this section is subject to section 81.
Compare: 1962 No 135 ss 30AA(2B), (4), 35(1), (1A)
Section 32(2)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 32(2)(a): amended, on 16 January 2006, by section 21(1) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 32(2)(b): amended, on 16 January 2006, by section 21(2) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 32(2)(b)(i): substituted, on 16 January 2006, by section 21(3) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 32(2)(b)(ii): substituted, on 16 January 2006, by section 21(3) of the Land Transport Amendment Act 2005 (2005 No 77).

33 Contravention of section 5(2) or (3)

(1) A person commits an offence if the person holds or applies for a driver licence while disqualified from doing so or while his or her driver licence is suspended.
(2) If a person is convicted of an offence against subsection (1),—
- (a) the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
- (b) the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
(3) The imposition of a mandatory disqualification under this section is subject to section 81.
Compare: 1962 No 135 ss 30AA(3)(a), 34, 50

33A Offence to operate as driving instructor without authorisation

(1) A person commits an offence if the person provides, or offers or agrees to provide, driving instruction in a motor vehicle for financial or commercial gain without an appropriate current driver licence authorising the person to operate as a driving instructor.
(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $1,000.
Section 33A: inserted, on 22 June 2005, by section 22 of the Land Transport Amendment Act 2005 (2005 No 77).

Offences relating to driving (other than offences involving alcohol)

34 Contravention of section 6

(1) A person commits an offence if the person—
- (a) operates an unsafe motor vehicle on a road; or
- (b) operates a vehicle on a road without displaying current evidence of vehicle inspection or a certificate of loading or both (as may be required by the regulations or the rules); or
- (c) fails to comply with the provisions of the regulations or the rules concerning evidence of vehicle inspection, certificates of loading, or the operation of a vehicle that is required to have such evidence or certificate or both.
(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.
Compare: 1962 No 135 ss 79(8), 79B(6); SR 1976/227 rr 80, 85

35 Contravention of section 7, or section 22 where no injury or death involved

(1) A person commits an offence if the person—
- (a) operates a motor vehicle recklessly on a road; or
- (b) drives or causes a motor vehicle to be driven on a road at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person; or
- (c) without reasonable excuse, contravenes section 22 by failing to stop and ascertain whether any person has been injured, after an accident where no other person has been injured or killed.
(2) If a person is convicted of an offence against subsection (1),—
- (a) the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
- (b) the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
(3) The imposition of a mandatory disqualification under this section is subject to section 81.
Compare: 1962 No 135 ss 30AA(3)(d), 57, 65(5)

36 Contravention of section 7 or section 22 involving injury or death

(1) A person commits an indictable offence if the person—
- (a) drives or causes to be driven a motor vehicle recklessly and by that act or omission causes an injury to or the death of another person; or
- (b) drives or causes a motor vehicle to be driven at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person and by that act or omission causes an injury to or death of another person; or
- (c) without reasonable excuse, contravenes section 22 by failing to stop and ascertain whether any person has been injured, and render assistance, after an accident where a person has been injured or killed.
(2) If a person is convicted of an offence against subsection (1),—
- (a) the maximum penalty is imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000; and
- (b) the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
(3) The imposition of a mandatory disqualification under this section is subject to section 81.
Compare: 1962 No 135 ss 30AA(1), (2A)(b), (d), 55(1), 65(4)
Section 36(1): substituted, on 22 June 2005, by section 23 of the Land Transport Amendment Act 2005 (2005 No 77).

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); or
- (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), and by that act or omission causes an injury to or the death of another person.
(3) A person who commits an offence against subsection (1)(a) or (c) that is an indictable offence is liable to the penalties set out in section 36(2), and section 36(2) and (3) apply as if the offence were an offence against section 36(1)(a) (such as operating a motor vehicle recklessly on a road, and by that act or omission causing an injury to or the death of another person).
(4) A person who commits an offence against subsection (1)(a) or (c) that is not an indictable offence is liable to the penalties set out in section 35(2), and section 35(2) and (3) apply as if the offence were an offence against section 35(1)(a) (operating a motor vehicle recklessly on a road).
(5) A person who commits an offence against subsection (1)(b) is liable to a fine not exceeding $3,000.
Section 36A: inserted, on 2 May 2003, by section 6 of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).

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.
Section 36AB: inserted, on 1 December 2009, by section 11 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

36B Contravention of section 22B or section 22C

(1) A person commits an offence if the person—
- (a) uses a traction engine without an appropriate qualification provided for in the regulations or the rules, for the purpose of qualifying the person to safely use the traction engine in a public place; or
- (b) uses a traction engine in a public place in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person; or
- (c) uses a traction engine in a public place without displaying current evidence of vehicle inspection or any other certificate or both (as may be required by the regulations or the rules); or
- (d) fails to comply with the regulations or the rules concerning evidence of vehicle inspection or any other certificate required by the regulations or the rules, or concerning the use of a traction engine that is required to have such evidence or certificate or both.
(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000.
(3) For the purposes of this section, public place has the meaning set out in section 22B(3).
Section 36B: inserted, on 16 January 2006, by section 24 of the Land Transport Amendment Act 2005 (2005 No 77).

37 Contravention of section 8

(1) A person commits an offence if the person operates a vehicle on a road carelessly or without reasonable consideration for other persons using the road.
(2) If a person is convicted of an offence against subsection (1),—
- (a) the maximum penalty is a fine not exceeding $3,000; and
- (b) the court may order the person to be disqualified from holding or obtaining a driver licence for such period as the court thinks fit.
Compare: 1962 No 135 ss 30AA(6), 60

38 Contravention of section 8 causing injury or death

(1) A person commits an offence if the person operates a vehicle on a road carelessly or without reasonable consideration for other persons using the road, and by that act or omission causes an injury to or the death of another person.
(1A) A person commits an offence if—
- (a) the person drives a motor vehicle, or causes a motor vehicle to be driven, carelessly; and
- (b) by that act or omission, causes an injury to or the death of another person.
(2) If a person is convicted of an offence against subsection (1) or subsection (1A),—
- (a) the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
- (b) the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.
(3) The imposition of a mandatory disqualification under this section is subject to section 81.
Compare: 1962 No 135 ss 30AA(3)(b), 56(1)
Section 38(1A): inserted, on 22 June 2005, by section 25(1) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 38(2): amended, on 22 June 2005, by section 25(2) of the Land Transport Amendment Act 2005 (2005 No 77).

39 Aggravated careless use of vehicle causing injury or death

(1) A person commits an indictable offence if the person causes bodily injury to or the death of a person by carelessly using a motor vehicle while—
- (a) driving the motor vehicle at a speed exceeding the applicable speed limit; or
- (b) driving the motor vehicle in such a manner as to commit an offence against the regulations or the rules concerning the manner in which a driver may overtake another vehicle or concerning the part of the road on which a driver may drive his or her motor vehicle.
(2) If a person is convicted of an offence against subsection (1),—
- (a) the maximum penalty is imprisonment for a term not exceeding 3 years or a fine not exceeding $10,000; and
- (b) the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.
(3) The imposition of a mandatory disqualification under this section is subject to section 81.
Compare: 1962 No 135 ss 30AA(2), (2A), 56(1A)

Offences relating to rules

40 Contravention of ordinary rules

(1) A person commits an offence if the person contravenes a provision of an ordinary rule and the contravention of that provision is for the time being prescribed as an offence by regulations made under section 167.
(2) If a person is convicted of an offence referred to in subsection (1), the person is liable to the applicable penalty set out in the regulations.
Compare: 1993 No 88 s 30

41 Contravention of emergency rules

(1) A person commits an offence if the person, without reasonable excuse, acts in contravention of or fails to comply with an emergency rule.
(2) If a person is convicted of an offence against subsection (1),—
- (a) the maximum fine for an individual is $2,000:
- (b) the maximum fine for a body corporate is $10,000.
Compare: 1993 No 88 s 30

Loading offences

42 Failure to secure load

(1) A person operating a motor vehicle on a road, and any person loading that vehicle, commits an offence if the person fails to ensure that any load carried in or on the vehicle, or in or on a vehicle being towed by the vehicle driven by the operator, is secured and contained in such a manner that it cannot fall or escape from the vehicle.
(2) If a person is convicted of an offence against subsection (1),—
- (a) the maximum fine for an individual is $2,000 and the court may disqualify the person from holding or obtaining a driver licence for such period as the court thinks fit:
- (b) the maximum fine for a body corporate is $10,000.
Compare: 1962 No 135 s 70(1)
Section 42(1): amended, on 22 June 2005, by section 26 of the Land Transport Amendment Act 2005 (2005 No 77).

43 Overloading offences

(1) A person operating a heavy motor vehicle or combination of vehicles commits an infringement offence if the person operates the vehicle or combination of vehicles in breach of the applicable prescribed maximum gross weight limits for motor vehicles or prescribed maximum weight limits for axles or groups of axles of motor vehicles.
(2) Separate offences are committed in respect of every axle, every group of axles, and the total number of axles of a heavy motor vehicle or combination of vehicles, if the weight on that axle or axles exceeds the relevant prescribed maximum gross weight limit or prescribed maximum weight limit.
(3) If a person commits an infringement offence against this section, the person must pay the penalty prescribed by the regulations or (if no such penalty is prescribed) the appropriate penalty specified in or under the Transport Act 1962.
Compare: 1962 No 135 s 69B

43A Courts may impose appropriate fines for infringement offences that are not overloading offences

A court may impose a fine for an infringement offence, other than an overloading offence, that is not more than the maximum fine prescribed for that offence, whether the fine imposed is more than, the same as, or less than the prescribed infringement fee for that offence.
Section 43A: inserted, on 22 June 2005, by section 27 of the Land Transport Amendment Act 2005 (2005 No 77).

Other offences

44 Contravention of section 14

(1) A person commits an offence if the person is required by or under this Act to give any specified information or gives a statutory declaration for any purpose under this Act, and, in response to that requirement, or in that declaration, gives information that the person knows to be false or misleading.
(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.
(3) Nothing in this section affects section 111 of the Crimes Act 1961.
Compare: 1962 No 135 s 41B(7)

45 Contravention of section 17

(1) A person commits an offence if the person, with intent to cause a false record of the distance travelled by a motor vehicle to be shown or recorded, makes or causes to be made any alteration to the distance recorder or to the vehicle.
(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.
Compare: 1962 No 135 s 192B

46 Contravention of section 20

(1) A person commits an offence if the person, without reasonable excuse,—
- (a) conducts a traffic survey to which section 20 applies without the prior written consent of the Agency; or
- (b) fails to comply with any condition or direction given under section 20.
(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.
Compare: 1962 No 135 ss 30, 193
Section 46(1)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

47 Contravention of section 22(2), (3), (4), or (5)

(1) A person commits an offence if the person, without reasonable excuse, fails to provide the particulars specified under section 22(2) when required to do so under that section.
(2) A person commits an offence if the person, without reasonable excuse, fails to report an accident involving an injury to or the death of a person, in accordance with section 22(3), when required to do so by that section.
(3) A person commits an offence if the person, without reasonable excuse, fails to report damage to a motor vehicle or other property, in accordance with section 22(4) or (5), when required to do so by the applicable section.
(4) The maximum penalty on conviction for an offence against subsection (1) or subsection (2) or subsection (3) is a fine not exceeding $5,000.
Section 47: substituted, on 22 June 2005, by section 28 of the Land Transport Amendment Act 2005 (2005 No 77).

48 Contravention of section 92(4)

(1) A person commits an offence if the person, without reasonable excuse, fails to attend or pay the fee for a driving improvement course or dangerous goods course in accordance with section 92(4), or neither attends nor pays the fee.
(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

49 Contravention of section 97(5) or (6)

(1) A person commits an offence if—
- (a) the person, without reasonable excuse and acting without authority under this Act, removes or releases from storage a motor vehicle impounded under any of sections 96, 96A, 122, and 123; or
- (b) the person is a storage provider and fails or refuses, without reasonable excuse, to comply immediately with a direction under this Act to release a vehicle impounded under any of sections 96, 96A, 122, and 123 to the owner or a person authorised by the owner.
(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000.
Section 49(1)(a): amended, on 1 October 2007, by section 29(1) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 49(1)(b): amended, on 1 October 2007, by section 29(2) of the Land Transport Amendment Act 2005 (2005 No 77).

50 Contravention of section 117(2)

(1) A person commits an offence if the person fails or refuses to release immediately a motor vehicle to another person when required to do so by section 117(2).
(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $2,000.

51 Contravention of section 198(4)

(1) A person commits an offence if the person, without reasonable excuse, fails or refuses to comply with a requirement made under section 198 in relation to an audit or inspection.
(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $5,000.

52 Contravening notices, requirements, etc, given or imposed by enforcement officers

(1) A person commits an offence if the person—
- (aa) is the driver of a vehicle that is stopped and fails to remain stopped in accordance with section 114(2A); or
- (a) removes, obscures, or renders indistinguishable a notice affixed to a vehicle under section 115, unless new evidence of vehicle inspection has been obtained for the vehicle or (if the notice was given under section 96(1B)) the direction requiring the vehicle not to be driven on a road has been cancelled under section 102(3)(b) or section 110(3)(a)(ii) or, if section 115(2A) applies, the enforcement officer has been notified in writing that the vehicle complies with the regulations and the rules; or
- (b) drives a vehicle to which a notice under section 115 applies (other than when driving in compliance with a condition imposed under subsection (4) or subsection (5) of that section or under section 96(1D)) before new evidence of vehicle inspection has been obtained for, and is displayed on, the vehicle; or
- (c) fails or refuses to comply with any lawful requirement, direction, notice, request, or prohibition given to or imposed on him or her under this Act by an enforcement officer or a dangerous goods enforcement officer; or
- (d) whether or not he or she is the person to whom the direction was given, knowingly drives a heavy motor vehicle on a road in breach of a direction given by an enforcement officer under section 128.
(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.
(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) is cumulative on, and not concurrent with, any other disqualification that a court may order in respect of the incident that gave rise to the person's conviction under section 114.
(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) is a fine not exceeding $20,000.
(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.
Compare: 1962 No 135 ss 30AA(5), (7), 70A(2)(b)
Section 52(1)(aa): inserted, on 22 June 2005, by section 30(1) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 52(1)(a): amended, on 16 January 2006, by section 30(2) of the Land Transport Amendment Act 2005 (2005 No 77).
Section 52(1)(a): amended, on 2 May 2003, by section 7(a) of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).
Section 52(1)(b): amended, on 2 May 2003, by section 7(b) of the Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003 (2003 No 11).
Section 52(3): added, on 1 December 2009, by section 12 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
Section 52(4): added, on 1 December 2009, by section 12 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
Section 52(5): added, on 1 December 2009, by section 12 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
Section 52(6): added, on 1 December 2009, by section 12 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
Section 52(7): added, on 1 December 2009, by section 12 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
Section 52(8): added, on 1 December 2009, by section 12 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

53 Obstruction of enforcement officer or dangerous goods enforcement officer

(1) A person commits an offence if the person, without reasonable excuse, obstructs or hinders, or incites any other person to obstruct or hinder, an enforcement officer or dangerous goods enforcement officer in the execution of his or her functions or powers under this Act.
(2) The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.
Compare: 1962 No 135 s 80(2)(a)</

New Zealand Legislation: Acts

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Land Transport Act 1998 No 110 (as at 03 March 2010), Public Act

Land Transport Act 1998

Note

Contents

1 Short Title and commencement

Part 1Preliminary provisions

2 Interpretation

3 Act to bind the Crown

Part 2Primary responsibilities of participants in land transport system

General responsibilities

4 General requirements for participants in land transport system

5 Drivers to be licensed

6 Vehicles to be safe and operated in compliance with rules

7 Drivers not to be reckless or dangerous

8 Drivers not to be careless or inconsiderate

9 Loads transported by vehicles to be secured

Responsibilities of road users under ordinary and emergency rules

10 Road users and others to comply with ordinary rules and emergency rules

Responsibilities concerning use of alcohol or drugs

11 Drivers not to exceed specified alcohol limits

11A Persons may not drive or attempt to drive while impaired and their blood contains evidence of use of qualifying drug

12 Persons not to drive while under influence of alcohol or drugs

Responsibilities of drivers and other road users concerning enforcement officers

13 Drivers and other road users to comply with directions of enforcement officers, etc

Part 3Additional responsibilities concerning road transport

14 False or misleading information not to be given

15 Persons not to impersonate enforcement officers

16 Heavy motor vehicles not to be overloaded

17 Distance recorders not to be altered

18 Doctors and optometrists to give Agency medical reports of persons unfit to drive

19 Licences of certain persons subject to Mental Health (Compulsory Assessment and Treatment) Act 1992 to be suspended

20 Traffic surveys not to be conducted unless approved by Agency

21 Enforcement officers to ameliorate hazards

22 Driver's duties where accident occurs

22A Persons not to engage in unauthorised street or drag racing, or other related prohibited activities on roads

Bylaws

22AB Road controlling authorities may make certain bylaws

22AC Minister may amend, replace, or disallow bylaws

22AD Consultation

22AE Publication and proof of bylaws

22AF Warning notices

Traction engine safety

22B Operators of traction engines to hold appropriate current qualification

22C Traction engine to be safe and operated in compliance with regulations and rules

Part 4Driver licensing

23 Issue of driver licences

24 Agency may issue temporary driver licences

25 Minimum age for driver licensing

26 Drivers may be tested and examined

27 Suspension and revocation of licences

28 Photographic driver licence

28A Transitional provisions for photographic driver licences

29 Certain driver licences have no effect

29A Persons convicted of specified serious offences prohibited from holding passenger endorsement

29B Passenger endorsement may be reinstated in certain cases

30 Driver licences are property of Agency and are to be surrendered in certain circumstances

Part 4ATransport services licensing

Subpart 1—Primary responsibilities of holders of transport service licences

30A Requirements for vehicles

30B Provision of identification information in Braille

Subpart 2—Fit and proper person test

Assessment criteria

30C General safety criteria

30D Additional criteria for small passenger service vehicles and vehicle recovery service

30E Additional criteria for large passenger service vehicles

30F Additional criteria for goods service

Information requirements

30G Agency may require information for fit and proper person assessment

30H Agency’s duties concerning prejudicial information

30I Non-disclosure by Agency of information for safety reasons

Subpart 3—Licensing of transport services

30J Transport service operators may not carry on certain transport services unless licensed to do so

30K Application for transport service licence

30L Grant of licence

30M Conditions of transport service licences

30N Transfer, assignment, or lease of transport service licence prohibited

30O Term of transport service licence

30P Agency may grant applications for approved taxi organisations

Part 1
Preliminary provisions

Part 2
Primary responsibilities of participants in land transport system

Part 3
Additional responsibilities concerning road transport

Part 4
Driver licensing

Part 4A
Transport services licensing

Part 4B
Work time and logbooks

Part 5
Offences relating to driving (other than alcohol-related offences) and penalties