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Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Enforcement procedures for offences involving use of qualifying drugs - Oral fluid screening tests

71C: Person must undergo further oral fluid screening test if either first or second oral fluid screening test fails to produce result

You could also call this:

"You must have another oral fluid test if the first or second test doesn't work."

Illustration for Land Transport Act 1998

If you have an oral fluid screening test and it does not produce a result, you must have another test. This can happen after your first test, which is done under section 71A, or after your second test, which is done under section 71B. You must stay at the place where you had the test until you get the result of the new test. If you have another test, you can only have one more. The result of this new test will be used as the result of the first or second test. The enforcement officer will tell you the result of the new test as soon as it is ready. You must wait at the place where you had the test until the result is ready.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS822581.

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Topics:
Crime and justice > Police and safetyTransport and travel > Driving
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71B: Who must undergo second oral fluid screening test, or

"Who needs to take a second oral fluid test after a positive result"

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71D: Process followed if first oral fluid screening test is positive, or

"What happens if your first oral fluid screening test is positive?"

Part 6Driving offences involving drink or drugs, and penalties and procedures
Enforcement procedures for offences involving use of qualifying drugs: Oral fluid screening tests

71CPerson must undergo further oral fluid screening test if either first or second oral fluid screening test fails to produce result

  1. An enforcement officer must require a person to undergo without delay a further oral fluid screening test if—

  2. a first oral fluid screening test carried out under section 71A fails to produce a result:
    1. a second oral fluid screening test carried out under section 71B fails to produce a result.

      1. A person must remain at the place where the person underwent the test that failed to produce a result until after the result of the further oral fluid screening test is ascertained.

      2. A positive result of a further oral fluid screening test required under subsection (1) must,—

      3. if required following a first oral fluid screening test that failed to produce a result, be treated for all purposes under this Act as the result of the first oral fluid screening test; or
        1. if required following a second oral fluid screening test that failed to produce a result, be treated for all purposes under this Act as the result of the second oral fluid screening test.

          1. A person may be required to undergo only 1 further oral fluid screening test under subsection (1).

          2. An enforcement officer must, without delay after the result of a further oral fluid screening test is ascertained, advise the person of the result of the test.

          3. Repealed
          Notes
          • Section 71C: inserted, on , by section 21 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
          • Section 71C heading: amended, on , by section 22(1) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
          • Section 71C(1): amended, on , by section 22(2) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
          • Section 71C(1)(a): amended, on , by section 22(2) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
          • Section 71C(1)(b): amended, on , by section 22(2) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
          • Section 71C(2): amended, on , by section 22(2) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
          • Section 71C(3): replaced, on , by section 22(3) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
          • Section 71C(4): replaced, on , by section 22(3) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
          • Section 71C(5): replaced, on , by section 22(3) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
          • Section 71C(6): repealed, on , by section 22(3) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).