Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Enforcement of responsibilities - Enforcement powers for offences involving certain vehicles

128C: Enforcement officer's powers in respect of certain motor vehicles subject to service inspection and certification requirements

You could also call this:

“What police can do if they think your car isn't safe to drive”

This law is about what enforcement officers can do when they think a motor vehicle might not be safe to drive on the road. It doesn’t apply to big trucks, just regular cars and smaller vehicles.

If an officer thinks your car might not meet the rules for being safe on the road, they can tell you to drive it to a specific place for a check-up. They can also make your car get inspected to see if it follows all the rules it should.

The officer can’t make you drive more than 5 kilometres to get your car checked, unless you didn’t stop when they told you to.

When an officer tells you to stop your car, you must stop and keep it stopped. This lets the officer decide if they need to get your car checked or do anything else they’re allowed to do by law.

Remember, these rules are there to help keep everyone safe on the roads.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2611497.

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128D: Appointment of parking wardens, or

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Part 9 Enforcement of responsibilities
Enforcement powers for offences involving certain vehicles

128CEnforcement officer's powers in respect of certain motor vehicles subject to service inspection and certification requirements

  1. This section applies if an enforcement officer has reasonable cause to suspect that a motor vehicle (other than a heavy motor vehicle) that is subject to a rule or regulation regarding in-service inspection and certification does not comply with that rule or regulation.

  2. If this section applies, an enforcement officer may direct the driver of that vehicle to—

  3. drive the vehicle to a specified place for vehicle inspection; and
    1. subject the vehicle to a vehicle inspection to determine whether it complies with any relevant enactment.

      1. Except where the driver has failed to stop when directed under subsection (4) or section 114, nothing in subsection (2) authorises an enforcement officer to direct a driver or person in charge to travel a distance exceeding 5 km from the place where the direction is given to a specified place for vehicle inspection.

      2. The driver of a motor vehicle must, whenever directed by an enforcement officer, stop the vehicle and keep it stopped so that an enforcement officer may determine whether or not to—

      3. take any action under subsection (2); or
        1. complete the exercise of any other power conferred on an enforcement officer by this Act.

          Notes
          • Section 128C: inserted, on , by section 33 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).