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Land Transport Act 1998

Offences relating to driving (other than alcohol- and drug-related offences) and penalties - Other offences

55A: Offences concerning alcohol interlock devices

You could also call this:

“Rules about special devices that stop drunk driving”

This law is about alcohol interlock devices. These are devices that stop a car from starting if the driver has been drinking alcohol. The law says you can get in trouble if you mess with one of these devices or use it in a way you’re not supposed to.

If someone tampers with an alcohol interlock device or uses it wrongly, two people could get in trouble. The person who has the special licence for the device could be in trouble. Also, the person who actually messed with the device or used it wrongly could be in trouble.

If you have the special licence for the device, you can defend yourself if you’re accused. You need to show that you didn’t mess with the device or use it wrongly, and that you weren’t involved in someone else doing those things.

If you’re found guilty of breaking this law, you might have to pay a fine. The most you could be fined is $3,000.

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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=DLM4738716.

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56: Contravention of specified breath or blood-alcohol limit, or

"Breaking the rules about how much alcohol you can have when driving"

Part 5 Offences relating to driving (other than alcohol- and drug-related offences) and penalties
Other offences

55AOffences concerning alcohol interlock devices

  1. This section applies if a person tampers with, or attempts to tamper with, an alcohol interlock device, or uses an alcohol interlock device in contravention of an alcohol interlock sentence.

  2. If this section applies,—

  3. the person who holds the alcohol interlock licence to which the alcohol interlock device applies commits an offence; or
    1. the person who tampered with, or attempted to tamper with, the alcohol interlock device or used the alcohol interlock device in contravention of an alcohol interlock sentence commits an offence.

      1. It is a defence to proceedings for an offence against subsection (2)(a) if the person who holds an alcohol interlock licence establishes that the person—

      2. did not tamper with, or attempt to tamper with, the alcohol interlock device or use the alcohol interlock device in contravention of an alcohol interlock sentence; and
        1. was not involved in the commission of the offence against subsection (2)(b).

          1. The maximum penalty on conviction for an offence against subsection (2)(a) or (b) is a fine not exceeding $3,000.

          Notes
          • Section 55A: inserted, on , by section 24 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
          • Section 55A(1): amended, on , by section 14(1) of the Land Transport Amendment Act 2017 (2017 No 34).
          • Section 55A(2)(b): amended, on , by section 14(2) of the Land Transport Amendment Act 2017 (2017 No 34).
          • Section 55A(3)(a): amended, on , by section 14(2) of the Land Transport Amendment Act 2017 (2017 No 34).