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Land Transport Act 1998

Offences relating to transport services and penalties

79J: Liability of employers and principal

You could also call this:

"Employers are responsible if their workers break transport laws"

Illustration for Land Transport Act 1998

If someone breaks a transport law as an employee, agent, or contractor, you will be treated as if both you and your employer or principal broke the law. This happens if it is proved that your employer or principal knew, or should have known, that the law was being broken and did not try to stop it. Your employer or principal must also have failed to fix the problem that led to the law being broken, as seen in the Land Transport Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434867.

Topics:
Transport and travel > DrivingWork and jobs > Worker rightsWork and jobs > Workplace safety
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Part 6AOffences relating to transport services and penalties

79JLiability of employers and principal

  1. If an offence is committed against this Part by a person as the employee, agent, or contractor of another person, that offence must be treated as having been committed by both persons, whether or not it was done with the other person's knowledge or approval, if it is proved that—

  2. the other person—
    1. knew, or could reasonably be expected to have known, that the offence was to be, or was being, committed; and
      1. failed to take the steps that were reasonably practicable to prevent the commission of the offence; and
      2. the other person failed to take the steps that were reasonable in the circumstances to remedy the effects of the act or omission that gave rise to the offence.

        Compare
        Notes
        • Section 79J: inserted, on , by section 38 of the Land Transport Amendment Act 2005 (2005 No 77).