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Land Transport Act 1998

Enforcement of responsibilities - Powers of entry, arrest, immobilisation, and impoundment

121A: Enforcement officer may give directions or immobilise vehicle if driver breaches certain licence conditions

You could also call this:

“Police can stop you or take your keys if you break learner or restricted licence rules”

If you’re driving a car and you have a learner or restricted licence, you need to follow certain rules. If a police officer thinks you’re not following these rules, they can do a few things:

They can tell you to stop driving until you can follow the rules properly. They might tell you to drive to a specific place, like your home. The officer can also take your car keys away from you. They might even make your car impossible to drive or move it somewhere safer.

If you don’t do what the officer tells you to do, they can arrest you without needing a special document called a warrant.

The officer can keep your keys or keep your car from moving until you can drive without breaking the rules. Or, they might let someone else drive your car if that person can do it without breaking any rules.

This law applies to certain types of vehicles, and it’s about making sure people with learner or restricted licences follow the rules to keep everyone safe on the road.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2611494.

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121: Enforcement officer may immobilise vehicle, etc, in specified circumstances, or

"Police can stop you from driving if you're not safe or don't follow the rules"

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Part 9 Enforcement of responsibilities
Powers of entry, arrest, immobilisation, and impoundment

121AEnforcement officer may give directions or immobilise vehicle if driver breaches certain licence conditions

  1. An enforcement officer may exercise all or any of the powers conferred by subsection (2) if the enforcement officer believes on reasonable grounds that a person who is for the time being in charge of a motor vehicle has, in relation to a prescribed class of motor vehicle, breached any condition of a class 1 or class 6 learner licence or a restricted licence held by that person.

  2. The enforcement officer may—

  3. forbid the person to drive a motor vehicle until that person is able to comply with the conditions of that person's learner licence or restricted licence:
    1. direct the person to drive to a specified place (for example, the person's home):
      1. take possession of all ignition or other keys of the vehicle, and for that purpose require the person to deliver up immediately all such keys:
        1. take any steps that may be necessary to make the motor vehicle immobile or to move the motor vehicle to a place where it does not constitute a traffic hazard.

          1. An enforcement officer may arrest without warrant a person who fails to comply with a power exercised under subsection (2).

          2. The power to take possession under subsection (2)(c) or to immobilise or move under subsection (2)(d) continues until—

          3. the driver is able to drive the vehicle without breaching the conditions of that driver's licence; or
            1. another person is able to drive the vehicle without breaching—
              1. that person's licence:
                1. any enactment.

                Notes
                • Section 121A: inserted, on , by section 32 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).