Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Offences relating to transport services and penalties

79A: Offence to carry on transport service without licence

You could also call this:

“Running a transport service without a licence is against the law and can lead to fines”

You need to have the right licence to run a transport service. If you don’t have one, you’re breaking the law.

If you get caught running a transport service without a licence, you might have to pay a fine of up to $10,000. If you do it again and get caught, the fine could be up to $25,000.

If you get caught more than once, the court might also take away your transport service vehicle for up to 90 days. You would have to pay for the vehicle to be stored during this time.

If your vehicle is taken away, you can’t remove it from storage unless the law says you can. The people storing your vehicle must give it back if they’re told to by the right authorities.

The Director can make agreements with companies that take away and store vehicles to help enforce these rules.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM434858.

Previous

79: Circumstances in which certificate not admissible in proceedings, or

"When you can't use certain certificates as proof in court"

Next

79AB: Offence to drive vehicle used in transport service without licence, or

"You need a special licence to drive for a transport service"

Part 6A Offences relating to transport services and penalties

79AOffence to carry on transport service without licence

  1. A person commits an offence if the person carries on (or, in relation to a small passenger service operator, facilitates) any transport service without the appropriate current licence.

  2. The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000.

  3. A person who is convicted of a second or subsequent offence against subsection (1) is liable on conviction to a fine not exceeding $25,000 and the court may, if it thinks appropriate, order any or every transport service vehicle used under the transport service to be immediately impounded and held at a location that the Director specifies, at the expense of the convicted person (which is in addition to the fine and any other costs (if any) ordered by the court), for a period specified by the court that does not exceed 90 days.

  4. Any fees and charges incurred with respect to an impoundment under subsection (3) are recoverable from the convicted person by the vehicle recovery service operator or storage provider.

  5. Nothing in subsection (4) limits or affects any rights against the owner of the vehicle, or in respect of the vehicle, that may be exercised by the vehicle recovery service operator or storage provider.

  6. A person may not remove or release from storage an impounded motor vehicle, unless allowed to do so under this Act.

  7. The storage provider must immediately comply with a direction under this Act to release the vehicle to the owner or a person authorised for the purpose by the owner.

  8. The Director, or a person authorised for the purpose by the Director, may enter into such arrangements with vehicle recovery service operators and storage providers as the Director considers necessary for the purposes of this section.

Compare
Notes
  • Section 79A: inserted, on , by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).
  • Section 79A(1): replaced, on , by section 79(1) of the Land Transport Amendment Act 2017 (2017 No 34).
  • Section 79A(3): amended, on , by section 64(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
  • Section 79A(3): amended, on , by section 79(2) of the Land Transport Amendment Act 2017 (2017 No 34).
  • Section 79A(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 79A(8): amended, on , by section 64(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
  • Section 79A(8): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).