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Land Transport Act 1998

Offences relating to work time and logbooks - Work time

79O: Failure to comply with prescribed work time restrictions or rest time requirements

You could also call this:

“Breaking the rules about work time and rest for certain drivers”

You can get in trouble if you don’t follow the rules about how long you can work and when you need to rest. These rules are in the law and they apply to people who drive certain types of vehicles.

If you break these rules by less than 60 minutes in a day or 120 minutes in a work period, you might have to pay up to $2,000. The court might also stop you from driving some types of vehicles for at least a month. You might have to do a special course about work time and log books.

If you break the rules by 60 minutes or more in a day, you’ll have to pay up to $2,000. The court will stop you from driving some types of vehicles for at least a month.

If you break the rules by 120 minutes or more in a work period, you’ll also have to pay up to $2,000. The court will stop you from driving some types of vehicles for at least a month.

The vehicles you might not be allowed to drive include ones that need special licences, ones used in transport services, or ones used to carry goods for money.

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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=DLM434874.

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79N: Failure to keep or produce records or comply with conditions of exemption or approval, or

"Breaking rules about keeping records or following special permissions for drivers and transport companies"

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79P: Defences to work time offences, or

"Ways to defend yourself if you're accused of working too long"

Part 6B Offences relating to work time and logbooks
Work time

79OFailure to comply with prescribed work time restrictions or rest time requirements

  1. Every person commits an offence who fails to comply with any work time restrictions or rest time requirements prescribed in this Act or the rules, and is liable on conviction to,—

  2. in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by less than 60 minutes in a cumulative work day or less than 120 minutes in a cumulative work period, a fine not exceeding $2,000, and, as the court thinks fit,—
    1. the person may, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle that—
      1. requires a class 2, 3, 4, or 5 licence (as specified in the rules); or
        1. is used in the relevant transport service; or
          1. is used to carry goods for hire or reward; or
          2. the person must complete a work time and log-book course approved by the Director:
          3. in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by 60 minutes or more in a cumulative work day, a fine not exceeding $2,000, and the person must, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle that—
            1. requires a class 2, 3, 4, or 5 licence (as specified in the rules); or
              1. is used in the relevant transport service; or
                1. is used to carry goods for hire or reward; or
                2. in the case of a person exceeding the work time restrictions or failing to comply with the rest time requirements by 120 minutes or more in a cumulative work period, a fine not exceeding $2,000, and the person must, for a period of 1 calendar month or any greater period that the court thinks fit, be disqualified from holding or obtaining a licence to drive any vehicle that—
                  1. requires a class 2, 3, 4, or 5 licence (as specified in the rules); or
                    1. is used in the relevant transport service; or
                      1. is used to carry goods for hire or reward.

                      Notes
                      • Section 79O: inserted, on , by section 39 of the Land Transport Amendment Act 2005 (2005 No 77).
                      • Section 79O(a): amended, on , by section 7 of the Land Transport Amendment Act 2007 (2007 No 66).
                      • Section 79O(a)(i): amended, on , by section 41(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 79O(a)(i)(A): amended, on , by section 41(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 79O(a)(i)(B): amended, on , by section 41(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 79O(a)(ii): amended, on , by section 67 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                      • Section 79O(b): amended, on , by section 41(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 79O(b)(i): amended, on , by section 41(5) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 79O(b)(ii): amended, on , by section 41(6) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 79O(c): amended, on , by section 41(7) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 79O(c)(i): amended, on , by section 41(8) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 79O(c)(ii): amended, on , by section 41(9) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).