140Contents of infringement and reminder notices

1. An infringement notice must be in the form prescribed by regulations made under this Act and must contain—

2. details of the alleged infringement offence that are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
3. in the case of a speeding offence, the applicable speed limit and the speed at which it is alleged the driver was travelling at the time of the alleged offence; and
4. in the case of an infringement offence (other than a speeding offence) in respect of which a scale of infringement fees is prescribed having regard to the extent of the alleged offence, the extent of the infringement offence alleged; and
5. the amount of the infringement fee specified in respect of that offence; and
6. the address of the place at which the infringement fee may be paid; and
7. the time within which the infringement fee may be paid; and
8. a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and
9. in the case of an alleged infringement offence that is a moving vehicle offence, a summary of the provisions of section 133 of this Act; and
10. in the case of an alleged infringement offence that is a stationary vehicle offence, an outline of the process under section 133A for transferring liability in relation to the alleged offence; and
11. a statement of the right of the person served with the notice to request a hearing; and
12. a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing; and
13. any other particulars as are prescribed.

14. For the purposes of subsection (1)(a) and (b), in the case of a speeding offence where the person issuing the infringement notice relies on section 146A,—

15. the place of the offence is the length of road between the 2 detection points in relation to which the point-to-point average speed system operated; and
16. the time of the offence is the whole time during which the vehicle was travelling between the 2 detection points; and
17. the speed at which it is alleged the driver was travelling is the average speed calculated under section 146A; and
18. if more than 1 speed limit applies between the 2 detection points, the applicable speed limit is the average weighted speed limit calculated under section 146B.

19. A reminder notice must—

20. be in the form prescribed by regulations made under this Act; and
21. include the same particulars, or substantially the same particulars, as the infringement notice; and
22. in the case of an offence to which demerit points apply, include a statement that demerit points apply to the alleged offence; and
23. in the case of an alleged infringement offence that is a stationary vehicle offence, include a summary of the provisions of section 133A.

24. Different forms of infringement notices and reminder notices may be prescribed for different kinds of infringement offences.

Notes

• Section 140: replaced, on 1 August 2012, by section 16 of the Land Transport Amendment Act 2011 (2011 No 31).
• Section 140(1)(ha): inserted, on 11 August 2017, by section 97 of the Land Transport Amendment Act 2017 (2017 No 34).
• Section 140(1A): inserted, on 1 March 2024, by section 27 of the Land Transport (Road Safety) Amendment Act 2023 (2023 No 62).
• Section 140(2)(c): amended, on 26 March 2015, by section 7(1) of the Land Transport Amendment Act 2015 (2015 No 17).
• Section 140(2)(d): inserted, on 26 March 2015, by section 7(2) of the Land Transport Amendment Act 2015 (2015 No 17).