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Land Transport Act 1998

Work time and logbooks - Evidence in proceedings

30ZI: Evidence in proceedings for offences against subpart 1 or subpart 2

You could also call this:

“How logbooks are used as proof when someone breaks driving rules”

If someone is accused of breaking rules about work time and logbooks, there are special ways to prove what was in a logbook.

An enforcement officer can tell the court what they saw in a logbook when they checked it. This is enough proof unless someone can show the real logbook or an exact copy made at the same time.

The court can also accept a copy of the logbook that an enforcement officer took or made when they checked it.

When someone is accused of breaking work time rules, the court will believe that what’s written in a logbook is true. This is the case for logbooks shown to an enforcement officer or taken from an accident where the driver is hurt. But if someone can prove the logbook is wrong, the court will listen to that proof.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434633.

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30ZH: Duties regarding logbooks, or

"Rules for keeping and sharing driving logbooks"

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31: Contravention of section 5(1)(a) or (b) or (4) or 30(2), (3), (3A), (4A), or (4B), or

"Penalties for driving without a proper licence or not following licence rules"

Part 4B Work time and logbooks
Evidence in proceedings

30ZIEvidence in proceedings for offences against subpart 1 or subpart 2

  1. In proceedings for an offence against subpart 1 or subpart 2, the following is sufficient evidence of the contents of a log-book, unless the contrary is proved by production to the court of the logbook or of an identical copy of the logbook made simultaneously with the original logbook,—

  2. evidence given by an enforcement officer authorised to demand the production of logbooks under section 30ZH(2)(b), or by any person who had that status at the time when the alleged offence was committed, as to the contents of any logbook as seen and recorded by that person at the time it was produced; and
    1. an identical copy of any logbook removed, or a copy of any logbook made, by an enforcement officer in accordance with section 30ZH(3) or section 30ZH(4).

      1. In any proceedings in respect of an offence against subpart 1 it is presumed, until the contrary is proved, that the contents of any logbook produced to an enforcement officer authorised to demand production of the logbook or removed by an enforcement officer from an accident scene where the driver is incapacitated are an accurate statement of the truth of the matter required to be recorded in the logbook by section 30ZF.

      Compare
      Notes
      • Section 30ZI: inserted, on , by section 19 of the Land Transport Amendment Act 2005 (2005 No 77).