Land Transport Act 1998

Question 1

Section 90

Land Transport Act 1998

Answer 1

Suspending Licences and Disqualifying from Driving - Demerit Points

If in any two-year period, a person has accumulated a total of 100 or more demerit points, the Director of the NZTA must, by notice in writing given to that person, suspend their current driver licence for three months.

Question 2

Section 95

Land Transport Act 1998

Answer 2

Suspending Licences for 28 Days - Speed or EBA offences

Question 3

Section 96

Land Transport Act 1998

Answer 3

Seizing and Impounding Vehicles for 28 Days - EBA, speeding or revoked licence

Question 4

Section 96 (1A)

Land Transport Act 1998

Answer 4

Boy Racers - In a race, unnecessary speed or sustained loss of traction

Question 5

Section 113

Land Transport Act 1998

Answer 5

General Roadway-Related Powers - DIMDFFD

Section 113 is not a stopping power

DIRECT a person on a road (whether or not they are in charge of a vehicle) to give details

INSPECT, test and examine

MOVE or authorise another person to move, any vehicle

DIRECT the driver or person in charge of a vehicle on a road to remove the vehicle from the road

FORBID an unlicensed driver to drive a motor vehicle

FORBID a person who is operating a transport service without a licence to operate that transport service.

DIRECT a person using a vehicle or riding or driving an animal on the road to stop the vehicle or animal

Question 6

Section 114

Land Transport Act 1998

Answer 6

Stopping Vehicles and Demanding Details - 15 minutes

An enforcement officer:
• in uniform, or
• wearing a cap, helmet or hat displaying a badge of authority
• may request or signal a driver of a vehicle to stop as soon as practicable;

or

• an enforcement officer, in a vehicle, including one in plain clothes, may stop a vehicle by:

− displaying flashing blue, or blue and red lights, or

− sounding a siren

and demand that the driver state:

• their full name, full address, date of birth, occupation and telephone number (or such of those particulars as the enforcement officer may specify),
• whether they are the owner of the car and, if not,
• the name and address of the owner of the vehicle or such particulars within the driver’s knowledge as may lead to the identification of the owner.

Arrest under 114(6) if driver fails to stop, gives fake details or refuses to give details (driver only)

Question 7

Section 115

Land Transport Act 1998

Answer 7

Banning Vehicles from the Road

POL 650 Green Sticker - fails to comply with regulations or rules (Section 115 (1)

POL 555 Pink Sticker - not in a safe condition to be driven on a road (Section 115 (3)b)

Question 8

Section 116

Land Transport Act 1998

Answer 8

Power to arrest for failure to comply with Section 113 / 115

Question 9

Section 118

Land Transport Act 1998

Answer 9

Obtaining Information

An enforcement officer may require the owner or hirer of any vehicle to give, within 14 days

Section 118 (4) An enforcement officer can require the owner of the vehicle used to flee a police pursuit to immediately give you all the information available to them that would lead to the identification and apprehension of the driver.

Question 10

Section 119

Land Transport Act 1998

Answer 10

Powers of entry to carry out breath alcohol testing after fresh pursuit

Power to arrest - Section 119 (7)

• Failing to remain for the result of a BST or EBT
• failing to accompany you
• driving under the influence of drink or drug
• refusing to remain for a blood test
• refusing to give blood
• assaulting an enforcement officer

Question 11

Section 121

Land Transport Act 1998

Answer 11

Taking Keys and Forbidding to Drive - FARMED

Power to arrest 121(4) if fail to comply or attempting to do an act forbidden by section 121

FORBID that person to drive for a specified time; or

ALL keys to be surrendered (require to be ‘given up’); or

RENDER the vehicle immobile; or

MOVE, or cause to be moved, any vehicle causing an obstruction or hazard, to a place where it does not constitute a hazard; or

EBA offenders must be forbidden to drive for a 12 hour period; or

DIRECT that person to drive to a specified place to rest if they have exceeded their driving hours

Question 12

Section 122

Land Transport Act 1998

Answer 12

Power to Seize vehicle for 12 hours - For public safety

Question 13

Section 123

Land Transport Act 1998

Answer 13

Power to Seize a vehicle for up to 7 days -

• Preserve evidence
• Enable scientific examination
• Establish the cause of a serious traffic accident

or if you believe on reasonable grounds that

• The vehicle has been in a serious traffic accident or hit and run offence
• The driver failed to stop in accordance with Section 114(1) and (2)

Question 14

Section 22 (3)

Land Transport Act 1998

Answer 14

Duty to Report Injury

Must report accident in person not later than 24 hours after the crash

Question 15

Section 22 (4)

Land Transport Act 1998

Answer 15

Duty to Report Damage

Report any damage to owner within 48 hours, or police within 60 hours ​

Question 16

Section 37

Inconsiderate or Careless Use

Land Transport Act 1998

Answer 16

Operates

A Vehicle

On a Road

Carelessly

OR

Without Reasonable Consideration for other road users

Question 17

Section 35

Reckless or Dangerous Driving

Land Transport Act 1998

Answer 17

Operates

a Motor Vehicle

on a Road

Recklessly

OR

In a manner / speed which may be dangerous to any public / person

Question 18

Section 32

Land Transport Act 1998

Answer 18

Driving while Disqualified

First or second offence - 3 months imprisonment or a fine of $4500 / 6 months disqualification

Third or subsequent offence - 2 years imprisonment or fine of $6000 / 1 year or more disqualification from driving

Question 19

Section 52 (1)

Contavening the Instructions of an Officer

Answer 19

Under section 52(1), a person commits an offence if they:

(aa) are the driver of a vehicle that is stopped and fails to remain stopped in accordance with Section 114(2A), LTA 1998.

(a) Remove, obscure, or render 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 vehicle was impounded under section 96(1B), the direction

requiring the vehicle not to be driven on a road has been cancelled; or

− if applicable, the enforcement officer has been notified in writing that

the vehicle complies with the regulations or rules

(b) Drive a vehicle to which a notice under section 115 or section 96(1D) applies (other than when driving to a specified place) before new evidence of vehicle inspection has been obtained for, and is displayed on, the vehicle; or

(c) Fail or refuse to comply with any lawful requirement, direction, notice, request, or prohibition given to or imposed on them under this Act by an enforcement officer or a dangerous goods enforcement officer; or

(d) Whether or not they are the person to whom the direction was given, knowingly drive a heavy motor vehicle on a road in breach of a direction given by an enforcement officer under section 128.

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000 (section 52(2)).