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Land Transport Act 1998

Offences relating to work time and logbooks - Logbooks

79S: Defences to logbook offences

You could also call this:

“How you can defend yourself if accused of breaking logbook rules for drivers”

You have ways to defend yourself if you’re charged with breaking the rules about keeping a logbook for your work as a driver.

If you’re charged with not keeping a logbook properly, you can defend yourself by showing that you didn’t need to keep one. This might be because the vehicle, service, or person was excused from having to keep a logbook.

If you weren’t the driver but are still charged with logbook offences, you can defend yourself. You need to show that you tried hard to stop false information or important missing details in the logbook. You also need to show that when a law officer told you about the problem, you quickly gave them a correct logbook.

To use this defence, you must tell the prosecutor in writing within 7 days after you get the court papers. You need to say that you’re using this defence and explain what you did to try to prevent the problem.

In court, you can only talk about the steps you wrote down in your notice to the prosecutor. If you want to talk about other steps you took, you need to ask the court for special permission.

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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=DLM434879.

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79R: Offences and proceedings concerning logbooks, or

"Rules about using logbooks correctly and what happens if you break them"

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79T: Offence to cause or require driver to breach speed limits, maximum work time, or rest time requirements, or

"You can get in trouble for making a driver break road rules"

Part 6B Offences relating to work time and logbooks
Logbooks

79SDefences to logbook offences

  1. It is a defence to a charge under section 79R(1) or section 79R(2) or section 79R(3) if the defendant proves that the proceedings relate to a motor vehicle or service or individual that has been exempted from the requirement to maintain a logbook under this Act, the rules, or regulations.

  2. In the case of a defendant who was not the driver of the vehicle to which the charge relates, it is a defence to a charge under section 79R(1) or section 79R(3)(b) or section 79R(3)(c) if the defendant proves that—

  3. reasonable steps were taken by the defendant to prevent the false statement or material omission in the logbook; and
    1. as soon as reasonably practicable after the false statement or material omission was drawn to the person's attention by any enforcement officer authorised to demand the production of logbooks under section 30ZH(2), the person produced to the enforcement officer a logbook containing no false statement or material omission.

      1. Except as provided in subsection (4), subsection (2) does not apply unless within 7 days after the service of the summons, or within such further time as the court may allow, the defendant has delivered to the prosecutor a written notice—

      2. stating that the defendant intends to rely on subsection (2); and
        1. specifying the reasonable steps that the defendant will claim to have taken.

          1. In any proceedings relating to a charge to which subsection (2) applies, evidence that the defendant took a step not specified in the written notice required by subsection (3) is not, except with the leave of the court, admissible for the purpose of supporting a defence under subsection (2).

          Compare
          Notes
          • Section 79S: inserted, on , by section 39 of the Land Transport Amendment Act 2005 (2005 No 77).