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Land Transport Act 1998

Proceedings enforcing responsibilities - Infringement offences

138: Infringement offences

You could also call this:

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

If you are accused of committing an infringement offence, there are two ways this can be handled. First, someone can file a charging document against you under section 14 of the Criminal Procedure Act 2011. This means they are starting a formal legal process. The second option is that you can be given an infringement notice, as explained in section 139.

If an enforcement authority (like the police) wants to start proceedings for an infringement offence, they can file a charging document under the Criminal Procedure Act 2011. They don’t need to get permission from a District Court Judge or Registrar to do this, even though section 21 of the Summary Proceedings Act 1957 usually requires such permission.

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"How you might get a notice if you break a transport rule"

Part 10 Proceedings enforcing responsibilities
Infringement offences

138Infringement offences

  1. If a person is alleged to have committed an infringement offence, the person may either—

  2. be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or
    1. be served with an infringement notice as provided in section 139.

      1. Despite section 21 of the Summary Proceedings Act 1957, leave of a District Court Judge or Registrar to file a charging document is not necessary if the enforcement authority commences proceedings for an infringement offence by filing a charging document under the Criminal Procedure Act 2011.

      Notes
      • Section 138: replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).