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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 - Who may be required to undergo compulsory impairment test

71F: Who must undergo compulsory impairment test

You could also call this:

"When you might have to take a test to see if you can drive safely"

Illustration for Land Transport Act 1998

You may be required to take a compulsory impairment test if you are driving or trying to drive a vehicle on the road and an enforcement officer thinks you have taken drugs. You may also be required to take the test if you have recently broken a road rule while driving or if you were involved in an accident. The officer can ask you to stay where you are or go with them to take the test. You must stay where you took the test until the results are known. If you refuse to take the test or do not follow the officer's instructions, you can be arrested. The officer can ask you to take the test even if you have already taken other tests, such as a breath test. The officer cannot ask you to take the test if you have already taken a second oral fluid screening test that showed a positive result. You should follow the officer's instructions to avoid any problems. The rules about compulsory impairment tests are part of the Land Transport Act 1998, which can be found on the New Zealand legislation website https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS378909

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS822584.

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Topics:
Transport and travel > DrivingCrime and justice > Police and safety
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71E: Person may be required to accompany enforcement officer to undergo blood test, or

"You might have to go with a police officer to have a blood test."

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71G: Minister may approve oral fluid screening devices for use in oral fluid screening tests, or

"The Minister can approve devices to test drivers for drug use."

Part 6Driving offences involving drink or drugs, and penalties and procedures
Enforcement procedures for offences involving use of qualifying drugs: Who may be required to undergo compulsory impairment test

71FWho must undergo compulsory impairment test

  1. An enforcement officer may require any of the following persons to undergo a compulsory impairment test given by an enforcement officer trained to give the test if the enforcement officer has good cause to suspect that the person has consumed a drug or drugs:

  2. a driver of, or a person attempting to drive, a motor vehicle on a road:
    1. a person who the officer has good cause to suspect has recently committed an offence against this Act that involves the driving of a motor vehicle:
      1. if an accident has occurred involving a motor vehicle,—
        1. the driver of the vehicle at the time of the accident; or
          1. if the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the accident, a person who the officer has good cause to suspect was in the motor vehicle at the time of the accident.

          2. An enforcement officer may require a person specified in subsection (1) to—

          3. remain in the place where stopped, for a period of time that is reasonable in the circumstances, to undergo the compulsory impairment test; or
            1. accompany an enforcement officer to another place to undergo the compulsory impairment test if it would enhance road safety, personal safety, the person's privacy, or the giving or taking of the test.

              1. A person who has undergone a compulsory impairment test must remain at the place where the person underwent the test until the result of the test is ascertained.

              2. An enforcement officer may arrest a person without warrant if the person refuses or fails to comply with subsection (2) or (3).

              3. An enforcement officer may exercise the powers in subsections (1) and (2) in addition to any of the following:

              4. any breath screening test, regardless of the result of the test (or a failure of the test to produce a result):
                1. any evidential breath test, regardless of the result of the test (or a failure of the test to produce a result):
                  1. a first oral fluid screening test, regardless of the result of the test (or a failure of the test to produce a result):
                    1. a second oral fluid screening test that does not produce a positive result.

                      1. An enforcement officer must not exercise the powers in subsections (1) and (2) in relation to a person who has undergone a second oral fluid screening test that produces a positive result.

                      Notes
                      • Section 71F: inserted, on , by section 21 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                      • Section 71F(5)(c): replaced, on , by section 27(1) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
                      • Section 71F(5)(d): amended, on , by section 27(2) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
                      • Section 71F(6): replaced, on , by section 27(3) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).