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Land Transport Act 1998

Offences relating to transport services and penalties

79E: Liability of persons who use unlicensed transport service

You could also call this:

“You can be fined for using a transport service that doesn't have permission to run”

If you use a transport service, you need to be careful. You could get in trouble if you know, or should know, that the person running the service is not allowed to do so. This could happen if they don’t have the right licence, if they’re not allowed to have a licence, or if their licence has been taken away or stopped for a while.

If you’re caught using a transport service when you shouldn’t, you might have to pay a fine. The most you could be fined is $25,000.

There’s one exception to this rule. If you’re an enforcement officer doing your job for the Agency, you won’t get in trouble for using an unlicensed transport service.

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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=DLM434862.

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79D: Contravention of section 30K, or

"Breaking the law by trying to get a transport licence when you're not allowed"

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79F: Contravention of section 30M, or

"Breaking the rules for goods service licences"

Part 6A Offences relating to transport services and penalties

79ELiability of persons who use unlicensed transport service

  1. A person commits an offence if the person uses a transport service and knows or ought reasonably to know that, at the time the person used the transport service,—

  2. the operator of the transport service did not hold an appropriate transport service licence; or
    1. the operator of the transport service was disqualified from holding or obtaining a transport service licence; or
      1. the transport service licence of the operator was suspended or revoked.

        1. Subsection (1) does not apply to an enforcement officer acting in the performance or intended performance of the officer’s official duties as an employee or agent of the Agency.

        2. The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $25,000.

        Notes
        • Section 79E: inserted, on , by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).
        • Section 79E(1A): inserted, on , by section 82 of the Land Transport Amendment Act 2017 (2017 No 34).