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Land Transport Act 1998

Proceedings enforcing responsibilities - Commencement of proceedings

136: Time for instituting proceedings

You could also call this:

“When the court can start legal action against you for breaking road rules”

This law is about when the court can start legal proceedings against you for certain offences under the Land Transport Act. Here’s what you need to know:

If you’re charged with a category 1 or 2 offence under this Act, the court can dismiss the charge if they think there’s been an unreasonable delay in starting the proceedings or telling you about the offence. This delay must have made it harder for you to defend yourself.

However, if the delay happened because you changed your address, the court won’t consider it unreasonable.

There are some special cases where the usual time limits for starting a prosecution don’t apply. These include:

  • Driving while disqualified or not following the conditions of your licence
  • Giving false or misleading information
  • Breaking rules about work time for drivers
  • Not following the rules about logbooks
  • Not following the chain of responsibility rules
  • Issues with certificates for alternative fuel systems

For these special cases, the court can start proceedings even after the usual time limit has passed.

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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=DLM435150.

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

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

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137: Compliance with speed limit and certain other matters not to be defences, or

"Following speed limits doesn't protect you from other driving charges"

Part 10 Proceedings enforcing responsibilities
Commencement of proceedings

136Time for instituting proceedings

  1. In proceedings for a category 1 or 2 offence against this Act, the court may dismiss the charge if satisfied that the person charged has been prejudiced in the person's defence by any unreasonable delay in instituting the proceedings or in notifying the person of the time, place, and nature of the offence.

  2. If a delay in instituting the proceedings has been caused by a change in the address of the defendant, the delay is not an unreasonable delay for the purposes of this section.

  3. Section 25 of the Criminal Procedure Act 2011 does not apply to a prosecution for—

  4. an offence against—
    1. section 32 that involves driving while disqualified or contrary to the conditions of a licence, an alcohol interlock licence, a zero alcohol licence, or a limited licence; or
      1. section 44 that involves giving information that the person knows to be false or misleading; or
      2. an offence against this Act concerning—
        1. work time under subpart 1 of Part 6B; or
          1. logbooks under subpart 2 of Part 6B; or
            1. the chain of responsibility under Part 6C; or
              1. the issue of installation certificates and inspection certificates for alternative fuel systems.

              Compare
              Notes
              • Section 136(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 136(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 136(3)(a): substituted, on , by section 74(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
              • Section 136(3)(b): substituted, on , by section 72 of the Land Transport Amendment Act 2005 (2005 No 77).
              • Section 136(3)(b)(iia): inserted, on , by section 74(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).