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Land Transport Act 1998

Additional responsibilities concerning road transport

18: Health practitioners to give Director medical reports of persons unfit to drive

You could also call this:

"Doctors must report people who are too sick to drive safely"

Illustration for Land Transport Act 1998

If you are a health practitioner, you must tell the Director if you think someone with a driver licence should not drive. You have to do this if the person's mental or physical condition is not safe for driving. You must give the Director a written notice with your opinion and the reasons why. If you give this notice honestly, you will not get in trouble for sharing personal medical information. You can find more information about this in the Land Transport Act 1986. The Director will use this information to decide if the person can keep driving. You are helping to protect everyone on the road by telling the Director about someone's condition. This is an important job, and you must do it as soon as possible.

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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=DLM434534.

Topics:
Transport and travel > DrivingHealth and wellbeing > Public health
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19: Licences of certain persons subject to Mental Health (Compulsory Assessment and Treatment) Act 1992 to be suspended, or

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Part 3Additional responsibilities concerning road transport

18Health practitioners to give Director medical reports of persons unfit to drive

  1. This section applies if a health practitioner, who has attended or been consulted in respect of a driver licence holder, considers that—

  2. the mental or physical condition of the licence holder is such that, in the interests of public safety, the licence holder—
    1. should not be permitted to drive motor vehicles of a specified class or classes; or
      1. should only be permitted to drive motor vehicles subject to such limitations as may be warranted by the mental or physical condition of the licence holder; and
      2. the licence holder is likely to drive a motor vehicle.

        1. If this section applies, the health practitioner must as soon as practicable give the Director written notice of the opinion under subsection (1)(a) and the grounds on which it is based.

        2. A health practitioner who gives a notice under subsection (2) in good faith is not liable to civil or professional liability because of any disclosure of personal medical information in that notice.

        3. Repealed
        Compare
        Notes
        • Section 18 heading: amended, on , by section 26(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
        • Section 18 heading: amended, on , by section 6(1) of the Land Transport Amendment Act 2016 (2016 No 77).
        • Section 18(1): amended, on , by section 6(2) of the Land Transport Amendment Act 2016 (2016 No 77).
        • Section 18(1): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
        • Section 18(2): amended, on , by section 26(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
        • Section 18(2): amended, on , by section 6(3) of the Land Transport Amendment Act 2016 (2016 No 77).
        • Section 18(2): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
        • Section 18(3): amended, on , by section 6(4) of the Land Transport Amendment Act 2016 (2016 No 77).
        • Section 18(3): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
        • Section 18(4): repealed, on , by section 9 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).