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New Zealand law explained for everyone

Land Transport Act 1998

Proceedings enforcing responsibilities

134: Strict liability for offences involving insecure loads and loads falling from vehicles

You could also call this:

“You're responsible if loads on your vehicle aren't secured properly or fall off”

You need to know about the rules for carrying loads on vehicles. These rules are strict and apply even if you didn’t mean to break them.

If you’re accused of not securing a load properly:

The police don’t have to prove that you knew the load wasn’t secure. They also don’t have to show that anything actually fell off your vehicle.

You can’t defend yourself by saying other people do the same thing, or that you thought the load didn’t need to be secured because of its weight or type.

If you did try to secure the load, that’s not enough unless the court thinks you did everything possible to prevent any problems.

However, you can defend yourself if you can show that you secured the load and any failure wasn’t your fault.

If something does fall from your vehicle, the court will assume you didn’t secure it properly unless you can prove it wasn’t your fault.

When deciding if you’re at fault, the court will consider whether you knew or should have known about any rules or guidelines from the Agency or the Director, or other official rules.

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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=DLM435146.

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133A: Owner liability for stationary vehicle offences, or

"Owner can be held responsible for parking offences, but has ways to defend themselves"

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135: Commencing proceedings, and jurisdiction, for offences, or

"Starting and handling legal cases for breaking certain driving rules"

Part 10 Proceedings enforcing responsibilities

134Strict liability for offences involving insecure loads and loads falling from vehicles

  1. In proceedings for an offence against section 42 (which relates to failing to secure a load),—

  2. it is not necessary for the prosecution to prove that the defendant knew or should have known that the load was not secured or contained in such a manner that it could not fall or escape from the vehicle:
    1. it is not necessary for the prosecution to allege or prove that a load did fall or escape from the vehicle:
      1. it is no defence that the defendant's conduct was not materially different from that of other operators of heavy motor vehicles:
        1. it is no defence that the defendant took some steps to ensure that the load was secured or contained unless the court is satisfied that those steps were such that no fault could be attributed to the defendant:
          1. it is no defence that the defendant believed that the weight or nature of the load was such that it was not necessary to secure or contain it.

            1. Despite subsection (1), it is a defence to any proceedings for an offence against section 42 if—

            2. the load was secured on or contained in the vehicle; and
              1. a failure to ensure that the securing or containing of the load was in such a manner that it could not fall or escape from the vehicle occurred without fault on the defendant's part.

                1. If the court is satisfied that a load has fallen or escaped from the vehicle or a vehicle being towed by the vehicle, it is to be presumed that the operator of the vehicle has not ensured that the load was secured or contained in such a manner that it could not fall or escape from the vehicle, unless the falling or escaping of the load occurred without fault on the defendant's part.

                2. In proceedings for an offence against section 42, the court must, in determining whether or not the operator of a vehicle has been at fault, have regard to any of the following provisions if the court considers the operator was or should have been aware of them:

                3. the provisions of any code of practice issued by the Agency or the Director (or any amendment or addition to any such code):
                  1. the provisions of the rules.

                    Compare
                    Notes
                    • Section 134(4)(a): amended, on , by section 107 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                    • Section 134(4)(a): amended, on , by section 24 of the Land Transport Amendment Act 2009 (2009 No 17).
                    • Section 134(4)(a): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).