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Land Transport Act 1998

Enforcement of responsibilities - Powers of entry, arrest, immobilisation, and impoundment

121: Enforcement officer may immobilise vehicle, etc, in specified circumstances

You could also call this:

“Police can stop you from driving if you're not safe or don't follow the rules”

An enforcement officer can take certain actions if they have good reason to believe that:

You’re in charge of a vehicle but can’t control it properly because of your physical or mental state. This could be for any reason.

You didn’t complete a required impairment test properly when asked by a trained officer.

You refused to take a required impairment test when asked.

You didn’t allow a blood sample to be taken when an officer asked you to.

The rules about how long someone can work or rest while driving aren’t being followed.

The officer thinks that taking action is necessary to keep you, others, or the public safe.

If any of these things happen, the officer can:

Tell you not to drive for a certain amount of time.

Tell you to drive to a specific place to rest or because of issues with your vehicle or its load.

Take away your car keys.

Make your vehicle unable to move or take it somewhere it won’t be dangerous to traffic.

If you’ve taken a breath test that shows you might have been drinking, the officer will usually tell you not to drive for 12 hours. They might make this time shorter if they have a good reason.

If you don’t do what the officer tells you, or if you try to do something they’ve told you not to, the officer can arrest you without needing a warrant.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435116.

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120: Arrest of persons for alcohol or drug-related offences, or assault on enforcement officer, or

"Police can arrest you for driving drunk or on drugs, or hurting a police officer"

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121A: Enforcement officer may give directions or immobilise vehicle if driver breaches certain licence conditions, or

"Police can stop you or take your keys if you break learner or restricted licence rules"

Part 9 Enforcement of responsibilities
Powers of entry, arrest, immobilisation, and impoundment

121Enforcement officer may immobilise vehicle, etc, in specified circumstances

  1. An enforcement officer may exercise all or any of the powers conferred by subsection (2) if he or she believes on reasonable grounds that—

  2. either—
    1. a person who is for the time being in charge of a motor vehicle,—
      1. because of his or her physical or mental condition (however arising), is incapable of having proper control of the vehicle; or
        1. has not completed a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71F; or
          1. has failed or refused to undergo a compulsory impairment test when required to do so under section 71F; or
            1. has failed or refused to permit a blood specimen to be taken when required to do so by an enforcement officer under section 72(1)(a) or (e); or
            2. the requirements of any enactment concerning work time or rest time are not being complied with; and
            3. in all the circumstances, the direction or prohibition or action is necessary in the interests of that person or of any other person or of the public.

              1. The enforcement officer may—

              2. forbid that person to drive a motor vehicle for such period as the enforcement officer specifies:
                1. direct the person to drive the vehicle to a specified place where the driver may obtain rest, or where the load on the vehicle or other conditions make it appropriate that the driver should drive to that place:
                  1. take possession of all ignition or other keys of the vehicle, and for that purpose require that person to deliver up immediately all such keys:
                    1. take such steps as may be necessary to render the vehicle immobile or to remove it to a place where it does not constitute a traffic hazard.

                      1. The period for which an enforcement officer forbids a person to drive under subsection (2)(a) must, where the person has undergone an evidential breath test and it appears to the enforcement officer that the test is positive, be a period of 12 hours, unless the enforcement officer is satisfied that there is good reason for imposing a shorter prohibition.

                      2. An enforcement officer may arrest without warrant a person who fails to comply with a direction given under this section or does or attempts to do any act that is for the time being forbidden under this section.

                      Compare
                      Notes
                      • Section 121 heading: amended, on , by section 70 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 121(1)(a)(i): replaced, on , by section 93 of the Land Transport Amendment Act 2017 (2017 No 34).
                      • Section 121(1)(a)(i)(B): amended, on , by section 35(1) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                      • Section 121(1)(a)(i)(C): amended, on , by section 35(1) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                      • Section 121(1)(a)(i)(D): inserted, on , by section 35(2) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                      • Section 121(1)(a)(ii): amended, on , by section 68 of the Land Transport Amendment Act 2005 (2005 No 77).
                      • Section 121(3): amended, on , by section 14 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).