1: Title
1: This Act is the Land Transport (Road Safety Enforcement) Amendment Act 2001.
2: In this Act, the Land Transport Act 1998 the principal Act
1: Preliminary provisions
2: Commencement
1: Sections 4(1) (2) (4) 5 to 10 14(1) (3) (4) (5)
2: The rest of this Act comes into force on the day on which this Act receives the Royal assent.
3: Purpose
The purpose of this Act is to improve road safety enforcement by—
a: removing the defence of error or possible error in the result of an evidential breath test and ensuring that an evidential breath test is conclusive, but subject to safeguards to protect the rights of defendants:
b: enabling certificates of accuracy for distance-measuring devices, speed-measuring devices, approved vehicle surveillance equipment, and tuning forks to be admitted as evidence in proceedings for speeding offences against any bylaws or enactment, other offences against the principal Act, and offences against the Road User Charges Act 2012
c: enabling certificates of accuracy of weighing devices to be admitted as evidence in proceedings for any road user charge offence as well as for offences against the principal Act:
d: confirming that fines of up to $1,000 may be prescribed for offences relating to temporary speed limits on roads controlled by road controlling authorities and for other offences under the Traffic Regulations 1976 Section 3(b) amended 1 August 2012 section 94 Road User Charges Act 2012
2: Substantive amendments and related provisions
4: Interpretation
1: Section 2(1) carriage certificate of compliance section 75A
2: Section 2(1) conclusive evidential breath-testing device
3: Section 2(1) speed limit the Transport Act 1962 this Act, the Transport Act 1962 Local Government Act 1974 Transit New Zealand Act 1989
4: Section 2(2) for any purpose specified in subsection (1) or in section 75A(5)
5: Defences
1: Section 64(2) sections 68 to 75 sections 68 to 75A, and 77
2: Section 64(4)(a) the breath screening test or evidential breath test
6: New
section 70A The principal Act is amended by inserting, after section 70
70A: Right to elect blood test
1: If the result of a person's evidential breath test appears to be positive, the person has the right, within 10 minutes of being advised by an enforcement officer of the matters specified in section 77(3)(a)
2: This section is for the avoidance of doubt.
7: Who must give blood specimen at places other than hospital or surgery
Section 72(1)(b) (other than a test carried out by means of a conclusive evidential breath-testing device that indicates that the proportion of alcohol in the person's breath exceeds 600 micrograms of alcohol per litre of breath)
8: New
section 75A The principal Act is amended by inserting, after section 75
75A: Certificates of compliance for evidential breath-testing devices
1: An evidential breath-testing device must be supported by a certificate of compliance given under this section by a person authorised for the purpose by the Science Minister.
2: At any trial or defended hearing for an offence involving excess breath alcohol recorded by the device (being an offence committed on or after the commencement of this section), the prosecution must produce to the court a certified copy of the certificate of compliance. The certification must be given by a person authorised for the purpose by the Commissioner and must state that the copy is a true copy of the original certificate.
3: Subject to subsection (4) subsection (2)
4: In the absence of proof to the contrary, a document purporting to be a certificate of compliance or a certified copy of a certificate of compliance—
a: must be treated as such a certificate or certified copy; and
b: is conclusive evidence of the sufficiency of the authority of the person who signed the document.
5: After consultation with the Minister and the Minister of Justice, the Minister of Police must, by notice in the Gazette
6: Without limiting subsection (5)
a: in the case of any kind of evidential breath-testing device approved after the commencement of this section, the notice under subsection (5)
b: a notice under subsection (5)
c: a notice under subsection (5)
d: a notice under subsection (5)
9: Presumptions relating to alcohol testing
1: Section 77(3)(a)
a: by omitting the word immediately without delay
b: by omitting the word sufficient conclusive
2: Section 77(5)
10: Mandatory 28-day suspension of driver licence in certain circumstances
1: Section 95 subsection (1)
1A: If an enforcement officer believes on reasonable grounds that a person has undergone an evidential breath test and has been found to have a breath alcohol concentration exceeding 800 micrograms of alcohol per litre of breath,—
a: the enforcement officer must give the person a notice under subsection (1)(a) section 70A
b: a further notice is not required and must not be given under subsection (1)(a)
2: Section 95
8: The suspension of a person's driver licence in the circumstances referred to in subsection (1A)
a: the blood test shows that he or she had a blood alcohol concentration of, or less than, 160 milligrams of alcohol per 100 millilitres of blood; and
b: the result of the blood test is notified to the person before the close of the 28-day suspension period.
11: Evidence of testing and accuracy of speed-measuring devices, etc
Section 146(1) an offence against this Act a speeding offence against any bylaws or enactment, any other offence against this Act, or an offence against the Road User Charges Act 1977
12: Evidence of accuracy of weighing devices and sites
Section 147 subsections (1) (7) an offence against this Act or an offence against the Road User Charges Act 1977
13: Fines under
Traffic Regulations 1976
1: Despite sections 77(1)(q) 199(1)(d) Transport Act 1962 sections 167(1)(h) 218 Land Transport Act 1998 Traffic Regulations 1976 section 167(1)(h)
2: Subsection (1)
14: Consequential amendments
1: Section 19B Summary Proceedings Act 1957 subsection (1)
1: If a person undergoes an evidential breath test under section 69 of the Land Transport Act 1998 section 77(3)(a) of the Land Transport Act 1998
2: The Transport Act 1962
a: by omitting from section 77(1)(q) $100 $1,000
b: by omitting from section 199(1)(d) $500 $1,000
3: Schedule 1 Summary Proceedings Regulations 1958
a: by omitting from form 5B
b: by omitting the words *The result of that evidential breath test, being a test carried out by means of a conclusive evidential breath-testing device, indicated that the proportion of alcohol in your breath exceeded 600 micrograms of alcohol per litre of breath.
4: Clause 8 Transport (Breath Tests) Notice (No 2) 1989
5: Schedule 3 Land Transport (Offences and Penalties) Regulations 1999
2A: If a blood sample has been taken, the suspension will cease to have effect when you are notified of the result of the blood test, but only if—
•: the blood test shows that you had a blood alcohol concentration of, or less than, 160 milligrams of alcohol per 100 millilitres of blood; and
•: the result of the blood test is notified to you before the close of the 28-day suspension period.
6: Notices in the form set out in Schedule 3 Land Transport (Offences and Penalties) Regulations 1999 subsection (5) section 95
15: Savings relating to certificates of accuracy
1: This section applies to an alleged offence if—
a: the offence was committed on or after 1 March 1999 and before the commencement of this Act; and
b: the offence is a speeding offence against any bylaws or enactment, any other offence against the principal Act, or an offence against the Road User Charges Act 1977
c: the proceedings for the offence are heard by a court on or after the commencement of this section.
2: Certificates may be given under section 146 147 subsection (1)(a)
16: Saving and transitional provision relating to certificates of compliance
1: For the purposes of section 75A(5)
2: Despite section 2(1) section 75A