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Land Transport Act 1998

Enforcement of responsibilities - General enforcement powers

115: Enforcement officers may give directions prohibiting driving of vehicles

You could also call this:

“Police can stop you from driving an unsafe car until it's fixed”

An enforcement officer can stop you from driving your vehicle if they think it’s not following the rules or isn’t safe. They can do this by putting a notice on your vehicle or giving you a notice directly. This notice means you can’t drive your vehicle on the road.

The notice stays in place until someone approved by the Director checks your vehicle. They need to make sure it now follows the rules and is safe. Once they’re happy, they’ll give you a new vehicle inspection document to display.

Sometimes, the enforcement officer might say you can still drive your vehicle to a place to get it fixed. They might also let you drive it for a short time or with some limits on how fast you can go or where you can drive.

If your vehicle’s exhaust is too loud, you might need to get it checked and certified as meeting the noise limits before you can drive it again.

The Minister can change or cancel these notices by announcing it in the official government newspaper, the Gazette.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435107.

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"Police can stop drivers and ask for their details"

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116: Enforcement of directions, or

"Police can arrest you if you don't follow their directions about using vehicles"

Part 9 Enforcement of responsibilities
General enforcement powers

115Enforcement officers may give directions prohibiting driving of vehicles

  1. An enforcement officer who believes on reasonable grounds that a vehicle does not comply with the regulations or the rules or a particular requirement of the regulations or the rules, may—

  2. affix or cause to be affixed to the vehicle a notice in the form approved by the Minister by notice in the Gazette directing that the vehicle must not be driven on a road; and
    1. give the driver or owner of the vehicle a notice in a form approved by the Minister by notice in the Gazette directing that the vehicle must not be driven on a road.

      1. A notice given under subsection (1) continues in force until the vehicle—

      2. has been inspected by a person authorised by the Director; and
        1. the person is satisfied that the vehicle has been made to comply with the regulations and the rules or with the particular requirement of the regulations or the rules; and
          1. new evidence of vehicle inspection has been issued for the vehicle by a person authorised by the Director and is displayed on that vehicle.

            1. Despite subsection (2), the enforcement officer may specify that the notice in subsection (1) continues in force until—

            2. the vehicle has been made to comply with the regulations and the rules or with the particular requirement of the regulations or the rules; and
              1. the enforcement officer has been notified in writing that the vehicle complies with the regulations and the rules or with the particular requirement of the regulations or the rules.

                1. An enforcement officer who believes on reasonable grounds that a vehicle on a road is not in a safe condition to be driven on the road, may—

                2. affix or cause to be affixed to the vehicle a notice to that effect in a form approved by the Minister by notice in the Gazette; and
                  1. give the driver or owner of the vehicle a notice in a form approved by the Director by notice in the Gazette stating that the vehicle must be removed from the road and may not be driven on a road until—
                    1. it has been inspected by a person authorised by the Director; and
                      1. the person is satisfied that the vehicle is in a safe condition for driving on the road; and
                        1. new evidence of vehicle inspection has been issued for the vehicle by a person authorised by the Director and is displayed on that vehicle.

                        2. When issuing a notice under subsection (3), an enforcement officer may direct the driver or owner of the vehicle to comply with any applicable requirements with respect to the noise emitted by the vehicle's exhaust system if the enforcement officer believes on reasonable grounds that the vehicle does not comply with those requirements.

                        3. If a vehicle is subject to a direction under subsection (1) or (3) on the grounds that the vehicle's exhaust system exceeds any prescribed noise or decibel limits, the vehicle's exhaust system must, before new evidence of vehicle inspection may be issued, be certified as complying with the relevant limits in accordance with any prescribed testing and certification procedure.

                        4. A notice under subsection (1) may include a condition to the effect that the vehicle may continue to be driven to reach a specified place for repair or may continue to be driven for a given time or under limitations as to speed or route or otherwise.

                        5. A notice under subsection (3) may include a condition to the effect that the vehicle may continue to be driven to reach a specified place for repair.

                        6. A notice given by the Minister in the Gazette for any purpose specified in this section, and a corresponding notice given under any former enactment and continued in force by this Act, may be amended from time to time, or revoked, by the Minister in the same manner.

                        Compare
                        Notes
                        • Section 115(1): substituted, on , by section 65 of the Land Transport Amendment Act 2005 (2005 No 77).
                        • Section 115(1)(a): amended, on , by section 68(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                        • Section 115(1)(b): amended, on , by section 68(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                        • Section 115(2): substituted, on , by section 65 of the Land Transport Amendment Act 2005 (2005 No 77).
                        • Section 115(2)(a): amended, on , by section 103(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                        • Section 115(2)(c): amended, on , by section 103(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                        • Section 115(2A): inserted, on , by section 65 of the Land Transport Amendment Act 2005 (2005 No 77).
                        • Section 115(3)(a): amended, on , by section 68(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                        • Section 115(3)(b): amended, on , by section 103(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                        • Section 115(3)(b)(i): amended, on , by section 103(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                        • Section 115(3)(b)(iii): amended, on , by section 103(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                        • Section 115(3A): inserted, on , by section 31 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                        • Section 115(3B): inserted, on , by section 31 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
                        • Section 115(6): amended, on , by section 68(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).