Land Transport Act 1998

Disqualification, demerit points, licence suspension, and vehicle impoundment - Mandatory prohibition from driving following 2 positive oral fluid screening tests

94A: Mandatory prohibition from driving for 12-hour period if results of 2 oral fluid screening tests are positive or person fails or refuses oral fluid screening test

You could also call this:

"You can't drive for 12 hours if you fail or refuse a drug test or have two positive tests."

Illustration for Land Transport Act 1998

If you have two positive oral fluid screening tests, you cannot drive for 12 hours. An enforcement officer will tell you this. You must not drive during this time. If you fail or refuse an oral fluid screening test, you also cannot drive for 12 hours. This includes not giving a sample or not staying to get your test results. You must follow the enforcement officer's instructions. If you do not follow the rules, the enforcement officer can arrest you. The 12-hour period starts when the officer tells you about the prohibition. You must not drive during this time or you might get in trouble.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS822839.

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Part 7Disqualification, demerit points, licence suspension, and vehicle impoundment
Mandatory prohibition from driving following 2 positive oral fluid screening tests

94AMandatory prohibition from driving for 12-hour period if results of 2 oral fluid screening tests are positive or person fails or refuses oral fluid screening test

  1. An enforcement officer must forbid a person to drive a motor vehicle for a 12-hour period if the person—

  2. has undergone 2 oral fluid screening tests and the results of both tests are positive; or
    1. fails or refuses to undergo an oral fluid screening test without delay after having been required to do so under any of sections 71A to 71C by an enforcement officer; or
      1. having undergone an oral fluid screening test under any of sections 71A to 71C, fails or refuses to remain at the place where the person underwent the test until after the result of the test is ascertained; or
        1. fails or refuses to provide an oral fluid sample without delay after having been required to do so under section 71DE by an enforcement officer; or
          1. fails or refuses to accompany without delay an enforcement officer to a place when required to do so under section 71A, 71B, or 71DE; or
            1. having accompanied an enforcement officer to a place under a requirement under section 71A or 71B, fails or refuses to remain at that place until the person is required to undergo an oral fluid screening test under section 71A or 71B; or
              1. having accompanied an enforcement officer to a place under a requirement under section 71DE, fails or refuses to remain at that place until the person is required to provide an oral fluid sample under that section.
                1. The 12-hour period starts immediately after the enforcement officer notifies the person of the prohibition.

                2. An enforcement officer may arrest without warrant a person who fails to comply with a direction under subsection (1) or drives or attempts to drive within the 12-hour period.

                Notes
                • Section 94A: inserted, on , by section 27 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                • Section 94A heading: replaced, on , by section 35(1) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).
                • Section 94A(1): replaced, on , by section 35(2) of the Land Transport (Drug Driving) Amendment Act 2025 (2025 No 12).