Land Transport Act 1998

Enforcement of responsibilities - Dangerous goods

129: Vehicles may be inspected and directed to remain stopped for contravening dangerous goods rules

You could also call this:

"Police can stop and check vehicles carrying dangerous goods to keep everyone safe"

Illustration for Land Transport Act 1998

If you are driving a vehicle that may be carrying dangerous goods, an enforcement officer can stop you. They can tell you to keep your vehicle stopped until they are happy that you are following the rules. The officer has the power to check your vehicle, as stated in section 132. You must follow the officer's directions to ensure your vehicle is safe. They can tell you to move your vehicle to a safe place and keep it stopped. The officer can also give you directions about loading or unloading your vehicle. The officer must show you their identity and proof that they are an authorised officer. They can also bring someone to help them with the inspection. You have the right to not say anything that might get you in trouble. An enforcement officer can inspect your vehicle if they think you are not following the rules about dangerous goods. They can stop you and tell you to stay stopped. The officer is making sure you are following the rules to keep everyone safe.

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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=DLM435132.


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"Officers can check if you paid for your bus or train ride"


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130: Power to inspect railway lines, or

"Inspecting Railway Lines for Safety"

Part 9Enforcement of responsibilities
Dangerous goods

129Vehicles may be inspected and directed to remain stopped for contravening dangerous goods rules

  1. An enforcement officer or dangerous goods enforcement officer who has good cause to suspect a breach of rules relating to the carriage of dangerous goods involving a vehicle

  2. may direct the driver or person in charge of the vehicle to stop the vehicle or that the vehicle remain stopped; and
    1. for the purposes of this subsection, has the powers conferred by section 132.
      1. An enforcement officer or dangerous goods enforcement officer may also direct that—

      2. the vehicle be kept stopped; or
        1. the vehicle be moved to a place of safety approved by the officer and remain stopped at that place—
          1. until the officer is satisfied that the breach has been rectified.

          2. An enforcement officer or a dangerous goods enforcement officer may give such reasonable directions as are necessary in relation to the loading or unloading of the vehicle or the packing or unpacking of any thing to ensure compliance with the rules or otherwise to ensure safety in relation to the transportation of dangerous goods.

          3. Every enforcement officer or dangerous goods enforcement officer exercising any of the powers conferred under this section must, at the time of exercising that power, and thereafter on request, produce—

          4. evidence of that person's appointment as an officer; and
            1. evidence of that person's identity.
              1. An enforcement officer or a dangerous goods enforcement officer may, if authorised (either generally or specifically) in writing for the purpose by the Director or the Commissioner, take a person or an animal to assist the officer with an inspection, and a person assisting the officer has the powers conferred on an officer by this section.

              2. Nothing in this section limits or affects the privilege against self incrimination.

              Compare
              Notes
              • Section 129(1): amended, on , by section 103(3) of the Railways Act 2005 (2005 No 37).
              • Section 129(2A): inserted, on , by section 94 of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 129(2B): inserted, on , by section 94 of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 129(2C): inserted, on , by section 94 of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 129(2C): amended, on , by section 104 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).