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 and immobilise a vehicle if the driver is not fit to drive"

Illustration for Land Transport Act 1998

If you are in charge of a vehicle and an enforcement officer thinks you are not able to drive it properly, they can stop you. They can do this if you are not well enough to drive, or if you have not done a compulsory impairment test as required under section 71F. The officer can also stop you if you have not followed the rules about work time or rest time. The enforcement officer can tell you not to drive for a while, or tell you to drive to a safe place. They can take your keys and make sure your vehicle does not move. If you do not follow the officer's directions, they can arrest you. If you have done a breath test and it shows you have been drinking, the officer can tell you not to drive for 12 hours. But if the officer thinks it is a good idea, they can let you drive again sooner. You must follow the officer's directions, or they can arrest you.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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

This page was last updated on View changes


Previous

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"


Next

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 9Enforcement 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), (e), or (f); 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)(i)(D): amended, on , by section 36 of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
                      • 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).