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Land Transport Act 1998

Proceedings enforcing responsibilities - Evidence

149: Admissibility of certain statements by drivers of certain vehicles

You could also call this:

“Allowing court use of what drivers of work vehicles tell officials”

If you’re driving a vehicle that’s used for transport services (not including rental cars) or a heavy motor vehicle, you need to know about a special rule. This rule says that if you make a statement to a police officer or someone appointed by the transport authorities, it can be used as evidence in court if you’re accused of breaking a transport law.

The statement can be about who your employer is or information that should be in your logbook. If you make this kind of statement, the officer or authorised person can tell the court what you said. The court will accept this as evidence when they’re deciding if you’ve broken the law.

Remember, this rule applies to drivers of transport service vehicles (except rental cars) and heavy vehicles. It’s important because what you say to officials about your work or your logbook can be used in court if there’s a problem.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435175.

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Part 10 Proceedings enforcing responsibilities
Evidence

149Admissibility of certain statements by drivers of certain vehicles

  1. A statement made to an enforcement officer, or to a person authorised for that purpose by the Agency or the Director, to the effect described in subsection (2) may be given in evidence by that officer or person and is admissible in evidence in proceedings for an offence against this Act as evidence of the matters referred to in the statement.

  2. A statement referred to in subsection (1) must be to the effect that the statement—

  3. was made by the driver of—
    1. a vehicle that is or ought to be used in a transport service (other than a rental service); or
      1. a heavy motor vehicle; and
      2. was made to an enforcement officer or to a person authorised for that purpose by the Agency or the Director; and
        1. relates to the identity of the employer of that driver or a matter that is or ought to be specified in a logbook.

          Compare
          Notes
          • Section 149(1): amended, on , by section 110(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
          • Section 149(2)(b): amended, on , by section 110(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).