Land Transport Act 1998

Proceedings enforcing responsibilities - Certain matters not defences

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

You could also call this:

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

You can’t use speed limits as an excuse if you’re accused of breaking a driving law, unless you’re specifically accused of going too fast. Even if you were driving within the speed limit, you can still be charged with other driving offences.

If you’re charged with manslaughter (which means accidentally causing someone’s death), you can’t defend yourself by saying that what you did was only breaking a driving law. Even if your actions were against this law, you can still be charged with the more serious crime of manslaughter.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435152.


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136: Time for instituting proceedings, or

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


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138: Infringement offences, or

"What happens if you're accused of breaking a minor traffic rule"

Part 10 Proceedings enforcing responsibilities
Certain matters not defences

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

  1. It is no defence in any proceedings for an offence relating to the driving of a motor vehicle on a road, other than the offence of exceeding a speed limit, that at the time of the alleged offence the motor vehicle was being driven at a speed not exceeding the applicable speed limit.

  2. It is no defence to a charge of manslaughter that the guilty act or omission proved against the person charged is an offence against this Act.

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