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Land Transport Act 1998

Enforcement of responsibilities - General enforcement powers

118: Requirement to give information as to identity of driver or passenger

You could also call this:

“You must tell the police who was driving or riding in your vehicle if they ask”

If a police officer thinks the driver of a vehicle has broken the law, they can ask the person who owns or has hired the vehicle for information to help find and catch the driver. The owner or hirer must give all the information they have or can get about the driver.

The same applies if a police officer thinks a passenger in a vehicle has broken the law using the vehicle. The officer can ask the owner or hirer for information to help find and catch the passenger.

When asked for this information, the owner or hirer must provide it within 14 days. The request can be made in person or in writing.

If a vehicle doesn’t stop when a police officer signals it to, the officer can ask the owner or hirer for information to help find the driver. In this case, the owner or hirer must give the information right away, unless they have been arrested or held by the police for the suspected offence.

If someone who holds a transport service licence (like a taxi company) employs a driver, and that driver is accused of breaking the law, the licence holder must give the police the driver’s full name, address, and email address (if they have one) when asked.

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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=DLM435112.

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Part 9 Enforcement of responsibilities
General enforcement powers

118Requirement to give information as to identity of driver or passenger

  1. If an enforcement officer has reasonable cause to believe that the driver of a vehicle has committed an offence while in charge of the vehicle, the officer may request the registered person for, or the hirer of, the vehicle to give all information in the registered person’s or hirer’s possession or obtainable by the registered person or hirer which may lead to the identification and apprehension of the driver of the vehicle.

  2. If an enforcement officer has reasonable cause to believe that a passenger of a vehicle has committed an offence in or through the use of the vehicle where that use relates to the commission of the offence or the aiding of the commission of the offence or the assisting of that passenger to avoid arrest in connection with or conviction for that offence, the officer may request the registered person for, or the hirer of, the vehicle to give all information which may lead to the identification and apprehension of the passenger.

  3. A request under subsection (1) or subsection (2) or subsection (6) may be made orally or in writing and the registered person or hirer or licence holder (as the case may be) must comply with the request within 14 days.

  4. If a vehicle failed to stop (or remain stopped) as signalled, requested, or required under section 114, an enforcement officer may request the registered person for, or the hirer of, the vehicle to give all information in the registered person’s or hirer’s possession or obtainable by the registered person or hirer that may lead to the identification and apprehension of the driver, and the registered person or hirer must give the officer that information immediately.

  5. Subsection (4) does not apply if the registered person or hirer has been arrested or detained in relation to the suspected offence.

  6. If the holder of a transport service licence employs any person to drive a vehicle under that licence, the licence holder, on being informed of any offence alleged to have been committed by that person or by a person driving a vehicle being used under the licence, and on being requested to do so by an enforcement officer, must supply in writing the driver’s full name, full address, and electronic address (if the driver has an electronic address).

Compare
Notes
  • Section 118 heading: replaced, on , by section 44(1) of the Land Transport Amendment Act 2017 (2017 No 34).
  • Section 118(1): amended, on , by section 21(1)(a) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
  • Section 118(1): amended, on , by section 21(1)(b) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
  • Section 118(1): amended, on , by section 21(2) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
  • Section 118(2): amended, on , by section 21(2) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
  • Section 118(3): amended, on , by section 21(3) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
  • Section 118(3): amended, on , by section 66(2)(a) of the Land Transport Amendment Act 2005 (2005 No 77).
  • Section 118(3): amended, on , by section 66(2)(b) of the Land Transport Amendment Act 2005 (2005 No 77).
  • Section 118(4): replaced, on , by section 21(4) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
  • Section 118(5): amended, on , by section 21(3) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
  • Section 118(6): added, on , by section 66(3) of the Land Transport Amendment Act 2005 (2005 No 77).
  • Section 118(6): amended, on , by section 21(5) of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
  • Section 118 compare note: substituted, on , by section 66(4) of the Land Transport Amendment Act 2005 (2005 No 77).