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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 tell the road safety boss if someone isn't safe to drive”

When a health practitioner sees a driver licence holder, they might think the person isn’t safe to drive. This could be because of the person’s mental or physical health. If this happens, the health practitioner needs to tell the Director about it.

The health practitioner must write to the Director if they think:

  • The person shouldn’t be allowed to drive certain types of vehicles, or
  • The person should only be allowed to drive with some limits, and
  • The person is likely to drive a vehicle

The health practitioner needs to explain why they think this. They should do this as soon as they can.

If the health practitioner writes this report honestly, they won’t get in trouble for sharing the person’s medical information.

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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.

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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 3 Additional 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).