Road policing

Question 1

Types of

licences

Answer 1

New Zealand has a graduated driver licensing system. There are three
categories of driver licence:
• the learner licence
• the restricted licence
• the full licence.

Question 2

Learner

licences

Answer 2

A learner licence allows a person to drive on a road under the following
conditions:
• The person must be accompanied by a supervisor seated in the front
passenger seat, who has held a full licence for at least two years.
• The person must carry the learner licence while driving and produce it on
demand.
• The person must display two ‘L’ plates on the vehicle.

Question 3

Restricted

licences

Answer 3

A restricted licence allows a person to drive on a road under the following
conditions:
• When driving between 10pm and 5am, the person must be accompanied
by a supervisor seated in the front passenger seat who has held a full
licence for at least two years.
• If carrying passengers, the person must be accompanied by a supervisor
(see above) unless the passengers are their spouse or their dependants or
their spouse’s dependants.
• The person must carry the restricted licence while driving and produce it
on demand.

Question 4

Time limit for
holding
Learner and
Restricted
licences

Answer 4

Learner and Restricted licences expire after five years. A Learner or
Restricted licence can only be renewed once it has expired and the person
will need to pass the appropriate theory test again. In the interim they are
unlicensed and unable to drive.
The purpose of the five-year time limit is to encourage people to move to the
next stage of the Graduated Driver Licensing System.

Question 5

Full licences

Answer 5

With a full licence, the learner and restricted conditions no longer apply,
except that the driver must carry the licence while driving and produce it on
demand.

Question 6

The four classe, ranging from least serious to most serious:

Answer 6

• inconsiderate driving
• careless driving
• dangerous driving
• reckless driving

Question 7

Elements of Inconsiderate
or careless use:
Section 37 and penalty

Answer 7

Operates
a Vehicle
on a Road
Carelessly
(D502)
OR
Without Reasonable
Consideration for Other
Road Users (D401)

The penalty is a $3,000 fine; the court may order disqualification.
There is no power of arrest for this offence.

Question 8

Elements of Reckless or
dangerous
driving -
Section 35 and penalty

Answer 8

Operates
a Motor Vehicle
on a Road
Recklessly
OR
(D101)
in a Manner / Speed which may be dangerous to any
public / any person (D201)

The penalty is three months’ imprisonment or a $4500 fine. The court must
order a minimum six months’ disqualification.
There is a power of arrest for this offence from s.315 Crimes Act 1961.

Question 9

“Vehicle”

Answer 9

‘Vehicle’ means a contrivance equipped with wheels, tracks, or revolving
runners on which it moves or is moved; and includes:
• a hovercraft,
• a skateboard,
• in-line skates,
• and roller skates;

Question 10

“Driving while
disqualified:
Section 32”

Under section 32(1) of the Act, a person commits an offence if they drive a
motor vehicle on a road:

Answer 10

(a) While disqualified from holding or obtaining a driver licence;
or (L201)
(b) Contrary to a limited licence; or (L204)
(c) While their driver licence is suspended or revoked. (L143)

Question 11

Penalty: first or second offence for “Driving while
disqualified:
Section 32”

Answer 11

• three months’ imprisonment or a fine of $4,500; and

* six months’ or more disqualification from driving (section 32(3)).

Question 12

Penalty: third or subsequent offence for “Driving while
disqualified:
Section 32”

Answer 12

• two years’ imprisonment or a fine of $6,000; and

* one year’s or more disqualification from driving (section 32(4)).

Question 13

Contravening
the instructions
of an officer:
Section 52(1)
Under section 52(1), a person commits an offence if they:

Answer 13

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

Question 14

Penalty for Contravening
the instructions
of an officer:
Section 52(1)

Answer 14

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

Question 15

Boy Racer Offences
Engaging in
unauthorised
street or drag
racing: Section
36A

Answer 15

A person commits
an offence if the
person
Operates a vehicle
In a race
In an unnecessary
exhibition of speed
or acceleration
On a road in
contravention of
section 22A(1)
OR
1 (b)Without reasonable
excuse
Intentionally
pours on to
Places on
Allows to spill onto 
A road
Any petrol, oil, or
diesel fuel
Any other substance
that causes loss
of traction
OR
1 (c)Without reasonable excuse
Operates a vehicle on a road
In a manner that causes
sustained loss of traction

Question 16

What is a

mobile phone?

Answer 16

A mobile phone is a portable electronic device which functions as a
telephone. It does not include a CB or any other type of two-way radio; nor
does it include a voice or automatically activated earpiece/mouthpiece that is
connected to a mobile phone to allow a driver to use the mobile phone
without holding or manipulating it.

Question 17

S113 DIMDFFD

Answer 17

You can only use section 113 of the LTA if an offence against one of the acts listed above
has been committed by the person.

Question 18

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

Answer 18

− their full name, full address, date of birth, occupation and telephone
number (or such of those particulars as the enforcement officer may
specify),
− other details of identity
− information to identify the driver or person in charge of a vehicle.
(Unless the person is for the time being detained or under arrest under
any enactment.)

Question 19

INSPECT, test and examine

Answer 19

− the brakes or any other part of a vehicle on a road, or any associated
equipment, or
a land transport document or a document resembling a land transport
document, displayed or carried on the vehicle.

Question 20

• MOVE or authorise another person to move, any vehicle if the
enforcement officer believes on reasonable grounds that the vehicle on a
road is causing an obstruction in the road or to a vehicle entrance to any
property or that the removal of the vehicle is desirable in the interests of
road safety or for the convenience or in the interests of the public. You
may also:

Answer 20

− enter, or authorise another person to enter, the vehicle for the purpose
of moving it or preparing it for movement; and
− move, or authorise another person to move the vehicle to a place
where it does not constitute a traffic hazard.

Question 21

2 DIRECT the driver or person in charge of a vehicle on a road to remove
the vehicle from the road if the enforcement officer believes ?

Answer 21

on reasonable
grounds that the vehicle is causing an obstruction in the road or to a
vehicle entrance to any property or that the removal of the vehicle is
desirable in the interests of road safety or for the convenience or in the
interests of the public.

Question 22

Forbid 1

Answer 22

an unlicensed driver to drive a motor vehicle.

Question 23

Forbid 2

Answer 23

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

Question 24

Direct 3

Answer 24

− a person using a vehicle or riding or driving an animal on the road to
stop the vehicle or animal as the case may be or to cause it to proceed
in or keep to a particular line of traffic or direction (e.g. points duty),
− a pedestrian not to proceed across the road in contravention of a
direction to stop given by the enforcement officer (whether given to
pedestrians or pedestrians and other traffic).
As outlined in section 113, an enforcement officer may order an unlicensed
driver not to drive. However it should be noted that there is a difference with
a person who has no licence for any class of motor vehicle and a person who
is driving a motor vehicle with the wrong class of licence.
Where a person found operating a motor vehicle with no driver licence:
• issue an infringement notice for driving with inappropriate driver licence,
L144, $400 infringement fee and
• forbid the person to drive any motor vehicle until a driver licence is
obtained
• arrange for NIA alert; Roadside Suspension-Forbidden

Question 25

Section 114

WHAT YOU NAME ITS THE LAW

Answer 25

Power to stop
vehicles and
demand details:
Section 114(1)-
(3)
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.

Question 26

Section 115

YOUR SHIT CANT DRIVE

Answer 26

This power allows an enforcement officer to prohibit vehicles from being
driven on a road.
If you believe on reasonable grounds that a vehicle on a road fails to comply
with regulations or rules (for example, has a defective exhaust, or a tinted
windscreen), you can give notice in writing to the owner/driver that the
vehicle may not be driven on a road until new evidence of vehicle inspection
(warrant of fitness) has been obtained. The notice (POL 650 green sticker) is
to be affixed to the vehicle’s windscreen.
You also have the option of requiring the owner to obtain a new warrant of
fitness and to notify you in writing that the vehicle complies with the
regulations.

Question 27

What colour is a POL 555

Answer 27

pink sticker

Question 28

What colour is a POL 650

Answer 28

green sticker

Question 29

Section 121
NO MORE FUN
FARMD

Answer 29

Power to take
keys and forbid
driving: section
121
Where an enforcement officer believes on reasonable grounds that,
(i) a person who is for the time being in charge of a motor vehicle,—
(A)because of his or her physical or mental condition (however arising),
is incapable of having proper control of the vehicle; or
(B) has not completed a Compulsory Impairment Test in a manner
satisfactory to an enforcement officer, who is trained to give the test,
when required to do so by an enforcement officer under section 71A;
or
(C) has failed or refused to undergo a compulsory impairment test when
required to do so under section 71A; or
(ii) is not complying with driving hours (under any enactment),
the enforcement officer may carry out the following actions:FARMED

Question 30

FARMED-FORBID

Answer 30

that person to drive for a specified time; or

Question 31

FARMED• ALL keys to be surrendered

Answer 31

(require to be ‘given up’); or

Question 32

FARMED-RENDER

Answer 32

the vehicle immobile; or

Question 33

FARMED-MOVE

Answer 33

or cause to be moved, any vehicle causing an obstruction or

hazard, to a place where it does not constitute a hazard; or

Question 34

FARMED-EBA

Answer 34

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

Question 35

FARMED-DIRECT

Answer 35

that person to drive to a specified place to rest if they have
exceeded their driving hours (e.g. a member of the Commercial Vehicle
Safety Team (CVST) inspecting a driver’s log book has identified noncompliance and directed them to park in a rest area for a period of time).

Question 36

Section 118

HIRED A MATE

Answer 36

Obtaining
information:
Section 118(1)
& (2) An enforcement officer may require the owner or hirer of any vehicle to
give, within 14 days, all information available to them which may lead to:
• The identification and apprehension of the driver, if that driver is alleged
to have committed any offence against any Act while in charge of the
vehicle.
• The identification and apprehension of any passenger, if that passenger:
− has committed
− has aided in the commission of in or through the use of a vehicle
− has avoided arrest for
any offence against any Act.
To prove an offence against section 118(1) and (2):
• The person must have been the owner/hirer of the vehicle at the time of
the offence.
• The information required must be within the owner/hirer’s means or
ability to supply.

Obtaining
information
after police
pursuit: 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.
Section 118(4) does not apply if the owner is arrested or detained in relation
to the suspected offence.

Question 37

Section 95

28 Days

Answer 37

28-day
suspension of
licence:
Section 95(1)
An enforcement officer who believes on reasonable grounds that any of the
following situations apply must give notice to the person that their licence
will be suspended for 28 days.
1. The person has been found to have breath alcohol of over 650mcg of
alcohol per litre of breath.
2. The person has been found to have blood alcohol of over 130mgm of
alcohol per 100ml of blood.
3. The person has been found to have breath alcohol of over 400mcg of
alcohol per litre of breath and has been convicted for any ‘relevant
offence’ within the last four years.
4. The person has been found to have blood alcohol of over 80mgm of
alcohol per 100ml of blood and has been convicted of any ‘relevant
offence’ within the last four years.
5. The person failed or refused a blood test under section 72 or section 73 of
the Land Transport Act:
− at the request of an enforcement officer/authorised medical person, or
− at hospital.
6. The person drove a vehicle 40kph over the permanent posted speed limit.
(Does not apply to infringements caught on speed camera.)
7. The person drove a vehicle 50kph over any speed limit other than the
permanent one; for example, temporary speed limit, towing speed limit.
(Does not apply to infringements caught on speed camera.)

Question 38

Section 90

YOUR DEMERITS ARE MIGHTY

Answer 38

Suspension of
licence or
disqualification
from driving:
Section 90(1)

Under section 90(1) of the Land Transport Act 1998 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.
A person who does not hold a current driver licence becomes a disqualified
driver for the same period.
The suspension or disqualification starts on the date the notice is given to the
person. The NZTA is responsible for serving the notices.

Question 39

Procedure for Serving a POL
1006 at the
roadside

Answer 39

• Step 1: Ask the driver for their driver licence to confirm the driver’s
identity.
• Step 2: Ask the dispatcher to carry out a Query Driver Licence. This will
provide you with the total number of demerit points, which must exceed
100.
• Step 3: Complete the Notice of Driver Licence Suspension and
Disqualification for Excess Demerit Points (POL 1006) and serve it on the
driver.
The suspension period begins immediately.

Question 40

Section 96

Seizing and Impounding Vehicles for 28 Days

Answer 40

Power to seize
vehicle for 28
days
You must if practical seize and impound a motor vehicle for 28 days, or
authorise someone else to do this, if you believe on reasonable grounds that a
person drove on a road while they were subject to one of the following
situations.
1. They were disqualified from holding or obtaining a licence.
2. They had a suspended or revoked driver licence.
3. In the case of a person who is the holder of an alcohol interlock licence,
the person operated that vehicle contrary to the conditions of that licence.
4. They were not holding a licence – for example, the licence was expired or
they were unlicensed – and they had previously been forbidden to drive.
5. They drove or operated a vehicle in breach of a qualifying bylaw and the
vehicle is subject to a warning notice issued under section 22AF.
6. They operated the vehicle in a race or in an unnecessary exhibition of
speed on a road contrary to section 22A(1).
7. They caused the vehicle to undergo a sustained loss of traction in
contravention of section 22A(3).
8. The person has failed to stop or remain stopped under section 114.
9. They have been found to have breath alcohol of over 400mcg of alcohol
per litre of breath and have two previous convictions for any ‘relevant
offence’ within the last four years.
10. They have been found to have blood alcohol of over 80mgm of alcohol
per 100 millilitres of blood and have two previous convictions for any
‘relevant offence’ within the last four years.
11. They have failed or refused a blood test under section 72 or section 73 of
the Land Transport Act:
− at the request of an enforcement officer or authorised medical person,
or
− at hospital
and
− have two previous convictions for any ‘relevant offence’ within the
last four years.

Question 41

Sections 122

12 HOURS FOR YOU

Answer 41

Power to seize
vehicle for 12
hours: Section
122
If you believe on reasonable grounds that it is in the interest of public safety,
you can seize and impound a motor vehicle for a period not exceeding 12
hours. This period may be extended to a further 12 hours, if the circumstances
have not changed.

Question 42

Sections 123

THATS A WEEK MY G

Answer 42

Power to seize
vehicle for up
to seven days:
Section 123(1)
You can seize and impound a motor vehicle for a period not exceeding seven
days in order to:
• preserve evidence
•enable scientific examination
• establish the cause of a serious traffic accident
if you believe on reasonable grounds that:
• the vehicle has been involved in a serious traffic accident or hit and run
offence, or
• The driver failed to stop in accordance with section 114(1) and (2).
(Failed to stop for red and blue lights or siren or officer’s signal.)

Question 43

Section 119

JUST IN TIME

Answer 43

Powers of entry
to carry out
breath alcohol
testing: Section
119(1) & (2)
Where an enforcement officer has good cause to suspect that any person:
• has failed to stop for flashing lights or a siren,
and
• has committed, or is committing, an offence against section 35(1)(a) or (b)
(reckless or dangerous driving) or
• is, or has recently been, driving under the influence of alcoholic drink or
drug or both,
and you are freshly pursuing that person,
the enforcement officer can:
• without warrant in the course of pursuit,
• enter any premises on which the person has entered, by force if necessary,
to exercise or complete the excess breath alcohol procedures.

To seize a
vehicle without
warrant:
Section 119(3)
The enforcement officer can:
• without warrant enter by force, if necessary
• a building or place where a vehicle to which sections 96 and 123 apply
(seizing and impounding vehicles) is being stored or kept.
• to seize and impound the vehicle.
The enforcement officer can do this if:
• they are freshly pursuing the vehicle, or
• the vehicle is about to be removed, concealed, destroyed or disposed of, or
• they suspect on reasonable grounds the vehicle was about to be used in the
commission of a crime, or
• it is impracticable due to the time of day or the locality to obtain a
warrant.

Question 44

Your powers This module outlines your powers as an enforcement officer under the Land
Transport Act 1998 (‘the Act’).

Answer 44

Your powers include:
• Stopping vehicles and asking for the details of drivers and passengers.
• Using general powers to keep the roadway clear and free from unsafe
vehicles.
• Taking the keys off unsafe drivers.
• Suspending licences and forbidding people from driving.
• Seizing vehicles and impounding them.

Question 45

The acronym FARMED may be used to memorise Section 121 of the Land
Transport Act 1998.

Answer 45

the enforcement officer may carry out the following actions:
• 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 (e.g. a member of the Commercial Vehicle
Safety Team (CVST) inspecting a driver’s log book has identified noncompliance and directed them to park in a rest area for a period of time).

Question 46

Example 1
You are on patrol when you see a car drive past. The front seat passenger is
not wearing their seatbelt. What can you do?

Answer 46

You can stop the vehicle and demand the driver’s details under section 114 of
the LTA and exercise any other powers under the LTA.
You can demand the passenger’s details under section 113(2)(a), as the
passenger has committed the offence of not wearing a seatbelt. This enables
you to issue an infringement notice to the passenger.
If the passenger refuses to give their details they should be warned and if they
continue to refuse they may be arrested. (Section 116(1) of the LTA.)

Question 47

Example 2
You have been tasked to deal with parking offences outside a local primary
school.
You observe a car stop and double park outside the school. You approach the
driver and they explain they are just waiting for their children to finish school. What can you do?

Answer 47

You can demand the driver’s details under section 113(2)(a) of the LTA as
they are committing the offence of ‘Double Parked’ under the 6.11 Road User
Rule 2004 which is a rule pursuant to the LTA.
If the driver refuses to give their details they should be warned and if they
continue to refuse they may be arrested. (Section 116(1) of the LTA.)

Question 48

Example 3 (when you cannot demand details)
You are on patrol when you see a car drive past. You recognise the driver as a
person you have recently arrested for driving while forbidden. You know he
is a gang member and you also notice there are three male passengers in the
car. What can you do?

Answer 48

You can stop the vehicle and demand the driver’s details under section 114 of
the LTA. You establish he has recently renewed his driver licence and is no
longer forbidden.
Road Policing 34 September 2019
Copyright New Zealand Police
You check the vehicle and note the three passengers (who are wearing gang
patches) are all wearing their seat belts and you have not detected any
offences by them under any of the specified acts referred to in section 113(1)
of the LTA.
As the passengers in the vehicle have not committed any offences against
one of the Acts listed in Section 113(1), there is no power to demand their
details.

Question 49

Risk

Behaviours (RIDS).

Answer 49

The top four risk behaviours Police are targeting that can make a significant
difference are Restraints, Impairment, Distractions and Speed

Restraints We want all vehicle occupants to wear restraints at all times to maximise
crash survival probability. In 2018 there were 37,696 restraint notices issued
nationwide.
Impairment We want to prevent impairment related crashes (alcohol, drugs and fatigue)
entirely. The lowering of the alcohol limit is helping towards this. In 2018
there were 25,907 alcohol and 621 drug related driving offence detected
nationwide.
Distractions We want all drivers to focus on the task of driving and to expect the
unexpected. In 2018 there were 26,056 phone use and 7,664 running red light
offences notices issued.
Speed We want to reduce crash severity through the reduction of mean speed
across the network. In 2018 there were 351,590 camera car, 611,712
stationary camera and 228,185 officer issued speeding notices nationwide.