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Land Transport Act 1998

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

94A: Mandatory prohibition from driving for 12-hour period if results of 2 oral fluid tests are positive

You could also call this:

“You can't drive for 12 hours if you fail two drug tests”

If you take two oral fluid tests and both results are positive, a police officer must stop you from driving for 12 hours. This 12-hour period starts right after the officer tells you about it. If you try to drive during this time or don’t follow the officer’s instructions, they can arrest you without needing a warrant.

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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=LMS822839.

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

94AMandatory prohibition from driving for 12-hour period if results of 2 oral fluid tests are positive

  1. An enforcement officer must forbid a person to drive a motor vehicle for a 12-hour period if the person has undergone 2 oral fluid tests and the results of both tests are positive.

  2. The 12-hour period starts immediately after the enforcement officer notifies the person of the prohibition.

  3. 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).