Standards guide for Commercial vehicle enforcement in New Zealand - New Zealand Police

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

ALCOHOL/DRUGS

UNDER INFLUENCE OF DRINK CAUSING INJURY OR DEATH [A103] [A104] [A105] [A106]

Being in charge of a motor vehicle on a road caused bodily injury or death while under the influence of drink or a drug to such an extent as to be incapable of proper control of the vehicle.

Process suspect for Drink or Drugs.

Suspect may be arrested if necessary.

Maximum Penalty: Imprisonment for a term not exceeding 5 years and or a fine not exceeding $20,000.

and Disqualified for a minimum period of 1 year or more

EXCESS BREATH ALCOHOL CAUSING INJURY OR DEATH [A107] [A108]

Being in charge of a motor vehicle on a road caused bodily injury or death while breath alcohol exceeded 400 micrograms of alcohol per litre of breath.

Process suspect for Drink or Drugs.

Suspect may be arrested if necessary.

Maximum Penalty: Imprisonment for a term not exceeding 5 years and or a fine not exceeding $20,000.

and Disqualified for a minimum period of 1 year or more

DROVE UNDER THE INFLUENCE OF DRINK/DRUG OR BOTH [A109]

Drove a motor vehicle on a road while under the influence of drink or a drug or both to such an extent as to be incapable of proper control of the vehicle.

Process suspect for Drink or Drugs.

Suspect may be arrested if necessary.

Maximum Penalty: Imprisonment for a term not exceeding 3 months and or a fine not exceeding $4,500. and Disqualified for a minimum period of 6 months.

Note: If offence is third or subsequent qualifying offence , up to up to 2 years imprisonment and or the maximum fine and disqualified for minimum of one year.

UNDER INFLUENCE OF DRINK/DRUG CAUSING INJURY OR DEATH [A110] [A111]

Was in charge of a motor vehicle and caused bodily injury while under the influence of drink or a drug or both to such an extent as to have improper control of the vehicle.

Process suspect for Drink or Drugs.

Suspect may be arrested if necessary.

Maximum Penalty: Imprisonment for a term not exceeding 5 years and or a fine not exceeding $20,000.

and Disqualified for a period of 1 year or more

EXCESS BLOOD/BREATH ALCHOL CAUSING INJURY OR DEATH [A303] [A304]

Was in charge of a motor vehicle and caused bodily injury or death while the proportion of alcohol in the blood exceeded 80 milligrams of alcohol per 100 millilitres of blood.

Process suspect for Drink or Drugs.

Suspect may be arrested if necessary.

Maximum Penalty: Imprisonment for a term not exceeding 5 years and or a fine not exceeding $20,000.

and Disqualified for a period of 1 year or more

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

ALCOHOL/DRUGS

REFUSED BLOOD SPECIMEN TO A DOCTOR [A305]

Refused or failed to permit a blood specimen to be taken by a registered medical practitioner or medical officer

Charge suspect for the offence.

Suspect may be arrested if necessary.

Maximum Penalty: Imprisonment for a term not exceeding 3 months and or a fine not exceeding $4,500. and Disqualified for a minimum period of 6 months.

Note if the offence is the 3^rd or subsequent offence up to 2 years imprisonment and or $6,000 maximum fine and disqualified for a minimum of 1 year.

REFUSED TO ACCOMPANY ENFORCEMENT OFFICER [A306]

Refused or failed to accompany an enforcement officer to a place when required to do so.

Process suspect for Drink or Drugs.

Suspect may be arrested if necessary.

A fine not exceeding $4,500. and Disqualified for such term as the court sees fit.

REFUSED OFFICERS REQUEST FOR BLOOD SPECIMEN [A309]

Refused or failed to permit a blood specimen to be taken after having been requested by an enforcement officer.

Charge suspect for the offence

Suspect may be arrested if necessary.

Maximum Penalty: Imprisonment for a term not exceeding 3 months and or a fine not exceeding $4,500. and Disqualified for a minimum period of 6 months.

Note If the offence is third or subsequent qualifying offence, imprisonment for a minimum period of 2 years, maximum $6000 and minimum period of disqualification for 1year.

FAILED TO REMAIN FOR EVIDENTIAL BREATH TEST [A311]

FAILED TO REMAIN FOR BLOOD SAMPLE AT ANOTHER PLACE [A312[

FAILED TO REMAIN FOR BLOOD SAMPLE [A313]

Refused or failed to remain at a place until required to undergo an evidential breath test or blood test or remain at another place for a blood sample to be taken or failed to remain at a place for a blood sample to be taken

Process suspect for Drink or Drugs.

Suspect may be arrested if necessary .

Maximum Penalty: a fine not exceeding $4,500. and Disqualified for a period as the Court sees fit.

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

ALCOHOL/DRUGS

REFUSED BLOOD AT A HOSPITAL [A315]

Refused or failed to permit a registered medical practitioner or a medical officer, to take a blood specimen.

Charge suspect for refusing blood

Suspect may be arrested if necessary.

Maximum Penalty: Imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500. and Disqualified for a minimum period of 6 months.

Note If the offence is third or subsequent qualifying offence, imprisonment for a minimum period of 2 years, maximum $6000 and minimum period of disqualification for 1year.

REFUSED TO ACCOMPANY OFFICER TO ANOTHER PLACE FOR BLOOD TEST [A316]

Having accompanied an officer to a place, refused or failed to accompany an enforcement officer to another place when required to do so.

Process suspect for Drink or Drugs.

Suspect may be arrested if necessary.

Maximum Penalty: Imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500. and Disqualified for a minimum period of 6 months.

FAILED TO REMAIN FOR RESULT OF BREATH SCREENING TEST [A317]

After under going a breath screening test refused or failed to remain at that place until after the result of the test was obtained.

Process suspect for Drink or Drugs.

Suspect may be arrested.

Maximum Penalty: a fine not exceeding $4,500. and Disqualified for such period as the court sees fit.

FAILED TO REMAIN FOR RESULT OF EVIDENTIAL BREATH TEST [A319]

After undergoing an evidential breath test refused or failed to remain at that place until the result of the test was obtained.

Process suspect for Drink or Drugs.

Suspect may be arrested if necessary.

Maximum Penalty: A fine not exceeding $4,500. and Disqualified for such period as the court sees fit.

Note For a third or subsequent qualifying offence, imprisonment for a maximum of 2 years and or a fine not exceeding $6,000 and disqualification for a minimum of 2 years.

DROVE WITH EXCESS BLOOD ALCOHOL CONTENT [A323]

Drove or attempted to drive a motor vehicle on a road while the proportion of alcohol in the blood exceeded 80 milligrams of alcohol per 100 millilitres of blood.

Process suspect for Drink or Drugs.

Suspect may be arrested if necessary.

Maximum Penalty: Imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500. and disqualified for a minimum period of 6 months.

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

ALCOHOL/DRUGS

PERSON UNDER 20 EXCEEDED BLOOD ALCOHOL LIMIT [A324]

Person under 20 year of age drove or attempted to drive a motor vehicle on a road while the proportion of alcohol in the blood exceeded 30 milligrams of alcohol per 100 millilitres of blood. NOTE:

1. Only use if level is less than 80 mgs per 100 mls

2. If over 80 use A323 or A330

3. Maximum fine is $2250 & disqualification is 3 mths

Process suspect for Drink or Drugs.

Suspect may be arrested.

Maximum Penalty: Imprisonment for a term not exceeding 3 months or a fine not exceeding $2,250 and or disqualified for a minimum period of 3 months.

BREATH ALCOHOL LEVEL OVER 400 MGMS/LITRE OF BREATH [A518]

Drove or attempted to drive a motor vehicle on a road while the proportion of alcohol in the breath exceeded 400 micrograms of alcohol per litre of breath.

Process suspect for Drink or Drugs.

Suspect may be arrested if necessary.

Maximum Penalty: A fine not exceeding $4,500. and Disqualified for such period as the court sees fit.

Note For a third or subsequent qualifying offence, imprisonment for a maximum of 2 years and or a fine not exceeding $6,000 and disqualification for a minimum of 2 years.

PERSON UNDER 20 EXCEEDED BREATH ALCOHOL LIMIT [A519]

Person under 20 years of age drove or attempted to drive a motor vehicle on a road while the proportion of alcohol in the breath exceeded 150 micrograms of alcohol per litre of breath. NOTE:

1. Only use if level is less than 400 mg/litre of breath

2. If over 400 use A518

3. Maximum fine is $2250 and disqualification is 3 months

Process suspect for Drink or Drugs.

Suspect may be arrested if necessary.

Maximum Penalty: Imprisonment for a term not exceeding 3 months or a fine not exceeding $2,250 and Disqualified for a minimum period of 3 months.

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

DRIVING HOURS

DRIVER EXCEEDS FIVE AND A HALF HOURS CONTINUOUS DRIVING [M120]

Drove a vehicle or vehicles for a continuous period exceeding five and a half-hours.

Note: Any two or more periods spent driving shall be deemed to one continuos period unless separated by a period of at least half an hour of rest.

If the offence is "real time" place the driver out of service until the person has had the required rest break.

An offence notice/s may be issued

If the offence is "historical time" an offence notice may be issued

Driver: Maximum fine not exceeding $2,000 and Disqualification for a minimum of 1 calendar month or more as the Court sees fit.

Any Other Case: Max fine not exceeding $10,000

DRIVER EXCEEDS 11 HOURS DRIVING IN 24 HOURS [M121]

Drove a vehicle or vehicles for more than a total period of 11 hours in any 24-hour period.

If the offence is "real time" place the driver out of service until the person has had the required rest break.

An offence notice/s may be issued

If the offence is "historical time" an offence notice may be issued

Driver: Maximum fine not exceeding $2,000 and Disqualification for a minimum of 1 calendar month or more as the Court sees fit.

Any Other Case: Max fine not exceeding $10,000

DRIVER EXCEEDS 14 HOURS WORK IN 24 HOURS [M122]

Driver was worked or was On Duty for more than 14 hours in a 24-hour period.

If the offence is "real time" place the driver out of service until the person has had the required rest break.

An offence notice/s may be issued

If the offence is "historical time" an offence notice may be issued

Driver: Maximum fine not exceeding $2,000 and Disqualification for a minimum of 1 calendar month or more as the Court sees fit.

Any Other Case: Max fine not exceeding $10,000

DRIVER WORKS MORE THAN 70 HOURS WITHOUT 24 HOURS OFF [M126]

Driver worked for more than a total of 70 hours without having at least 24 consecutive hours off duty

If the offence is "real time" place the driver out of service until the person has had the required rest break.

An offence notice/s may be issued

If the offence is "historical time" an offence notice may be issued

Driver: Maximum fine not exceeding $2,000 and Disqualification for a minimum of 1 calendar month or more as the Court sees fit.

Any Other Case: Max fine not exceeding $10,000

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

DRIVING HOURS

DRIVER DRIVES MORE THAN 66 HOURS WITHOUT 24 HOURS OFF [M127]

Driver drove for more than a total of 66 hours without having at least 24 consecutive hours off duty.

If the offence is "real time" place the driver out of service until the person has had the required rest break.

An offence notice/s may be issued

If the offence is "historical time" an offence notice may be issued

Driver: Maximum fine not exceeding $2,000 and Disqualification for a minimum of 1 calendar month or more as the Court sees fit.

Any Other Case: Max fine not exceeding $10,000

DRIVER HAS LESS THAN 9 HOURS OFF DUTY [M128]

Driver did not have at least 9 consecutive hours off duty with in a 24 hours period.

If the offence is "real time" place the driver out of service until the person has had the required rest break.

An offence notice/s may be issued

If the offence is "historical time" an offence notice may be issued

Driver: Maximum fine not exceeding $2,000 and Disqualification for a minimum of 1 calendar month or more as the Court sees fit.

Any Other Case: Max fine not exceeding $10,000

DRIVER FAILED TO COMPLY WITH DRIVING HOURS EXEMPTION [M136]

Driver failed to comply with conditions of a driving hours exemption notice

An offence notice/s may be issued.

Report the incident to LTSA recommending the exemption be withdrawn

Driver: Maximum fine not exceeding $2,000 and Disqualification for a minimum of 1 calendar month or more as the Court sees fit.

Any Other Case: Max fine not exceeding $10,000

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

LOGBOOKS

FALSE STATEMENT IN A LOGBOOK [M204]

Caused to be made or made a false statement in a logbook or an approved alternative record.

An offence notice/s may be issued (restricted to one produce logbook ticket per production of logbook). The enforcement pages of the logbook may be taken.

The summary of facts must indicate that the charge is a representative of other offences detected. These other offences must be identified in a schedule of offences in the summary of facts

Driver: Maximum fine not exceeding $2,000 and

Disqualification for 1 calendar month or more as the Court sees fit unless special reason exist why not.

Note: Special reason must relate to the offence

Any Other Case: Max fine not exceeding $10,000

FAILED TO PRODUCE LOGBOOK ON DEMAND [M205]

Driver failed to produce logbook or all logbooks and other records of driving hours on demand by a constable or traffic officer.

An offence notice/s may be issued.

Driver: Maximum fine not exceeding $2,000 and

Disqualification for 1 calendar month or more as the Court sees fit unless special reason exist why not.

Note: Special reason must relate to the offence

Any Other Case: Max fine not exceeding $10,000

PRODUCED A LOGBOOK CONTAINING FALSE PARTICULARS [M206]

Driver produced a logbook with false entries

An offence notice/s may be issued. The enforcement pages of the logbook may be taken.

Note: If there are multiple offences only one notice can be issued per logbook produced.

The summary of facts must indicate that the charge is a representative of other offences detected. These other offences must be identified in a schedule of offences in the summary of facts

Driver: Maximum fine not exceeding $2,000 and

Disqualification for 1 calendar month or more as the Court sees fit unless special reason exist why not.

Note: Special reason must relate to the offence

Any Other Case: Max fine not exceeding $10,000

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

LOGBOOKS

PRODUCED A LOGBOOK WITH OMISSIONS [M207]

Driver produced a logbook with omissions.

An offence notice/s may be issued. The enforcement pages of the logbook may be taken.

Note: If there are multiple offences only one notice can be issued per logbook produced.

The summary of facts must indicate that the charge is a representative of other offences detected. These other offences must be identified in a schedule of offences in the summary of facts

Driver: Maximum fine not exceeding $2,000 and

Disqualification for 1 calendar month or more as the Court sees fit unless special reason exist why not.

Note: Special reason must relate to the offence

Any Other Case: Max fine not exceeding $10,000

FAILED TO PRODUCE LOGBOOK FOR 10 DAYS PRIOR [M213]

Driver failed to produce a logbook relating to the previous ten days.

An offence notice may be issued.

Driver: Maximum fine not exceeding $2,000 and

Disqualification for 1 calendar month or more as the Court sees fit unless special reason exist why not.

Note: Special reason must relate to the offence

Any Other Case: Max fine not exceeding $10,000

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

DRIVER LICENCE

DROVE WITH DRIVER LICENCE SUSPENDED OR REVOKED [L143]

Drove while driver’s licence is suspended or revoked

Remove driver by consent or arrest

Seize & Impound vehicle Issue a POL1000 to driver

Maximum $4500

DRIVING WITHOUT APPROPRIATE CLASS OF DRIVER’S LICENCE [L144]

Drove a vehicle without the appropriate class of driver licence.

Class 1,1L,1R - Vehicle or combination GLW up to 4500kg or forklift up to GLW of 15,000kg or less

Class 2,2L - Rigid vehicle (Inc a tractor) GLW 4500kg but less than 15001kg, or

any combination GCW of 12,000kg or less, or

any combination consisting of a rigid vehicle of 15,001kg or less towing a light trailer, or

any rigid vehicle with a GLW of more than 15,000kg with no more than 2 axles.

Class 3,3L - Combination GLW 12,000kg but less than 25001kg

Class 4,4L - Rigid vehicle (inc a tractor) GLW 15,000kg or more or combination of vehicles consisting of a rigid vehicle of more than 15000kg towing a light trailer.

Class 5,5L - Any combination GLW 25,000kg or more

Endorsement/s with appropriate GLW.

2. No Drivers Licence;

3. An infringement offence notice may be issued for driving without a driver licence.

   Forbid to drive in writing and enter record on LES

4. Wrong class of drivers licence;

An infringement offence notice may be issued for driving without appropriate class of driver licence.

Direct driver not to drive until correct licence obtained. (Can’t be forbidden to drive).

Infringement Fee $400

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

DRIVER LICENCE

DRIVER IS CURRENTLY DISQUALIFIED [L201]

Driver is currently disqualified from holding or obtaining a driver licence of any class.

Remove driver by consent TON to driver

Driver may be arrested if necessary.

Seize & Impound vehicle.

Issue a POL1000 to driver

Maximum $4500 fine and or imprisonment for a maximum of 3 months, minimum disqualification of 6 months.

For third or subsequent qualifying offence, 2 years maximum imprisonment and a maximum fine of $6000 and minimum disqualification of one year

DRIVING OUTSIDE THE CONDITIONS OF A LIMITED LICENCE DRIVER LICENCE [L204]

Driver driving contrary to the conditions of a limited driver licence

An offence notice may be issued for driving contrary to the conditions of a limited driver’s licence.

Note: Do Not Impound the vehicle

Maximum $4500 fine and or imprisonment for a maximum of 3 months, minimum disqualification of 6 months.

For third or subsequent qualifying offence, 2 years maximum imprisonment and a maximum fine of $6000 and minimum disqualification of one year

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

DANGEROUS GOODS

NO DG ENDORSEMENT ON DRIVER LICENCE [K505]

DG’s licence endorsement has expired

Driver does not have a DG’s endorsement on licence and includes the situation where a DG Course has been passed, but the driver licence has not been endorsed.

Place the offending driver Out of Service by a notice in writing. (use a TON)

The vehicle can only be moved by a driver with a current DG’s endorsement.

An offence notice/s may be issued.

Infringement $400

Max on Conviction $1,000

DG LOAD IS NOT PLACARDED [K560]

Vehicle or load is not placarded to indicate that it contains DG’s

Place offending vehicle/s Out of Service by a notice in writing to the driver (use a TON)

The vehicle can move off once the placarding on the load and/or vehicle complies with DG’s Rules.

Offence notice/s may be issued.

Infringement Individual $1500

Max on Summary Conviction $7,500

Infringement Corporate $7,500

Max on summary conviction $37,000

TRANSPORTED LEAKING DANGEROUS GOODS PACKAGE [K535]

Transporting DG’s when the packaging they were contained in was leaking.

Place offending vehicle/s out of service by notice in writing to the driver. (Use a TON)

The vehicle/s can move off once the DG’s are placed in a new leak-proof container and any spillage has been cleaned up.

Health Department may seize contaminated food related goods.

An offence notice/s may be issued to driver or operator.

Infringement Individual $1500

Max on Summary Conviction $7,500

Infringement Corporate $7,500

Max on summary conviction $37,000

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

DANGEROUS GOODS

MIXED LOADS OF DG’s ARE NOT SEGREGATED [K553]

Mixed load of DG’s is not segregated in accordance with the Standard NZS 5433:1999.

Place offending vehicle/s out of service by notice in writing to the driver

The vehicle/s can move off once the load complies with segregation requirements.

An offence notice/s may be issued to the loader of the goods.

If the driver loaded the goods an offence notice/s may be issued to the driver.

Infringement Individual $1000

Max on Summary Conviction $5,000

Infringement Corporate $5,000

Max on summary conviction $25,000

DG PLACARDS ARE NOT DISPLAYED CORRECTLY [K561]

DG placards are not affixed in the correct position on the vehicle or load.

Place offending vehicle/s out of service by notice in writing to the driver. (Use a TON)

The vehicle/s can move off once the placarding placarding requirements on the vehicle/s and/or the load complies with DG’s rule.

An offence notice/s may be issued.

Infringement Individual $750

Max on summary conviction $3,500

Infringement Corporate $25,000

Max on summary conviction $15,000

DG’s ARE NOT PLACARDED CORRECTLY [K562]

The correct placards are not displayed for the classes or divisions of goods located on the vehicle/s.

Place offending vehicle/s out of service by notice in writing to the driver. (use a TON)

The vehicle/s can move off once the placarding complies with DG’s rules requirements.

An offence notice/s may be issued.

Infringement Individual $1000

Max on summary conviction $5,000

Infringement Corporate $5000

Max on summary conviction $25,000

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

DANGEROUS GOODS

DG’s ARE NOT LOADED SECURELY [K564]

DG’s are not loaded securely in accordance with the provisions of the Truck Loading Code.

Place the offending vehicle/s out of service by notice in writing to the driver.(Use a TON)

The vehicle/s can move off once the load complies with the provisions of the Truck Loading Code.

An offence notice/s may be issued.

Infringement Individual $750

Max on summary conviction $3,500

Infringement Corporate $2,500

Max on summary conviction $15,00

DG EMERGENCY RESPONSE INFORMATION IS NOT CARRIED [K565]

DG’s emergency response information is not carried in the vehicle.

Place the vehicle/s out of service by notice in writing to the driver. (use a TON)

The vehicle/s can move off once the emergency response information has been obtained for the vehicle.

An offence notice/s may be issued.

Infringement Individual $500

Max on summary conviction $ 2,500

Infringement Corporate $1000

Max on summary conviction $10,000

DG’S DOCUMENTATION IS NOT CARRIED [K568]

DG’s documentation is not carried in the vehicle.

Place the vehicle/s out of service by notice in writing to the driver. (Use a TON)

The vehicle/s can move off once the correct documentation has been obtained for DG’s.

An offence notice/s may be issued.

Infringement Individual $750

Max on summary conviction $ 2,500

Infringement Corporate $1500

Max on summary conviction $10,000

DG’s DOCUMENTS ARE NOT CARRIED IN A HOLDER [K569]

DG’s documents are not carried in a holder in accordance with Section 5(1)(3) of DG Rule.

Holder must retain documents securely and is clearly marked "Dangerous Goods Documents"

Holder not inside the driver’s door or is not clearly visible and accessible to a person standing on the ground outside the vehicle when the driver’s door is open.

Place the vehicle/s out of service by notice in writing to the driver. (use a TON)

The vehicle/s can move once the documentation is carried in an appropriate holder and complies with Section 5 of the DG’s Rule.

An offence notice may be issued.

Infringement Individual $ 750

Max on summary conviction $2,500

Infringement Corporate $1500

Max on summary conviction $10,000

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

DANGEROUS GOODS

DG’s DOCUMENTATION IS NOT AVAILABLE [K570]

DG’s documents not made available to a DG’s Enforcement Officer.

Place the vehicle/s out of service until documents made available to a DG’s Enforcement Officer.

An offence notice may be issued.

Infringement Individual $750

Max on summary conviction $2,500

Infringement Corporate $1500

Max on summary conviction $10,000

DG’s QUANTITY SCHEDULE HAS NOT BEEN AMENDED [K572]

DG’s quantity schedule has not been amended to record collection or delivery of DG’s.

Place the vehicle/s out of service until schedule is correctly amended.

An offence notice may be issued.

Infringement Individual $ 250

Max on summary conviction $2,500

Infringement Corporate $ 750

Max on summary conviction $10,000

DG’s LOAD PLAN HAS NOT BEEN AMENDED [K573]

DG’s load plan has not been amended to record collection or delivery of DG’s and other goods from which DG’s had to be segregated.

Place the vehicle/s out of service until load plan is correctly amended.

An offence notice may be issued.

Infringement Individual $ 250

Max on summary conviction $2,500

Infringement Corporate $750

Max on summary conviction $10,000

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

CERTIFICATES OF FITNESS

COMMERCIAL VEHICLE HAS NO EVIDENCE OF INSPECTION [C201]

Driver/operator operates a vehicle with an expired certificate of fitness or no certificate of fitness.

Place the vehicle out of service by notice in writing to the driver until new Certificate of inspection has been issued.

Allow the vehicle to complete present journey; no back loading until the fault/s have been rectified.

An infringement offence notice may be issued.

Note: If the vehicle is in an unsafe condition, consider using [V801] as alternative and issue a Pink Sticker.

Note; If the condition is so unsafe the vehicle should not be used on a road, it must be towed or transported to a place for repair.

Infringement Fee $600

HEAVY MOTOR VEHICLE IS OPERATED NOT UP TO CERTIFICATE OF FITNESS STANDARD [C208]

Heavy motor vehicle is not up to Certificate of Fitness standard.

Note;

• The vehicle/s must have a current Certificate of Fitness.
• This includes situations where a vehicle that has a current CoF but has failed an inspection.
• Refer to CVIU policy statements re use of Laser Heat Gun and Ringfeder Gauge.

Place the vehicle out of service by notice in writing to the driver until new Certificate of Inspection has been issued.

Allow the vehicle to complete present journey but no back loading until the fault/s have been rectified.

Note: If the condition is so unsafe the vehicle should not be used on a road, it must be towed or transported to a place for repair and consider [V801] as an alternative.

A Traffic Offence Notice may be issued.

Note: Currently "NO OFFENCE" prescribed by amended Vehicle Compliance Rule. Entry retained - amendment being sought.

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

UNSAFE VEHICLE

OPERATED AN UNSAFE VEHICLE [V801]

Operated a motor vehicle on a road when that vehicle was unsafe

• Refer to CVIU policy statements re use of Laser Heat Gun and Ringfeder Gauge.

If the vehicle is in an unsafe condition, issue Pink Sticker.

Note; If the condition is so unsafe the vehicle should not be used on a road, it must be towed or transported to a place for repair.

A Traffic Offence Notice may be issued.

Maximum Penalty $2,000

Infringement Fee $600

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

CERTIFICATE OF LOADING

HEAVY MOTOR VEHICLE HAS NO CERTIFICATE OF LOADING [C301]

Heavy motor vehicle does not have a Certificate of Loading displayed

An infringement notice may be issued.

Infringement Fee $600

1. Where the weight of the vehicle and load does not exceed 10% of the weights specified on the Certificate of Loading.

2. 2) Where the weight of the vehicle and load exceed that specified in the Certificate of Loading by 10% or more.

   Note: Do not apply a weighing tolerance when establishing the Off Load criteria.

1) An infringement notice (HION) may be issued with appropriate fees after the weighing tolerance has been applied.

• The vehicle must be off loaded until all axles; groups of axles comply with all weight limits.

The vehicle must remain stopped or removed to a place of safety approved by the officer and remain stopped there until the load complies with all weight limits.

An infringement notice may be issued with appropriate fees after the weighing tolerance has been applied.

Infringement Fee Range

$150 - $10,000

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

CERTIFICATE OF LOADING -PASSENGERS

VEHICLE IS LOADED IN EXCESS OF CERTIFICATE OF LOADING LIMITS FOR PASSENGERS [C404]

Gross weight of vehicle and load exceeds the maximum number of passengers specified on certificate of loading.

Place the vehicle out of service until vehicle complies with CoL limits.

Note: Police may escort a bus at a slow speed to nearest transit area for passengers.

An offence notice may be issued.

Maximum $500

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

LOAD SECURITY

OPERATED MOTOR VEHICLE WITH INSECURE LOAD [N353]

The load on a vehicle is insecure or does not comply with sec 42 LTA 98 or with the Truck Loading Code.

Note: Check Load Anchorage Points. If load anchorage points are not certified to NZS5444:1989 standard. See [N389] below

Place the vehicle out of service by a notice in writing (Use a TON) to the driver until the load is secured in accordance with sec 42 LTA 98 and the Truck Loading Code.

An offence notice/s may be issued

Individual maximum $2,000

May be disqualified for such period as the court sees fit

Corporate maximum $10,000

FAILING TO COMPLY WITH LOAD ANCHORAGE POINTS STANDARD [N389]

Operated a heavy motor vehicle when it failed to comply with the NZS 5444:1989 Load Anchorage Points for Heavy Motor Vehicles.

Note: A permanent label must be fixed to the right hand side of the deck outlining the number and rating of anchorage points and the manufacturer.

The Certificate of Loading should also be endorsed with NZS5444: 1989.

Place the vehicle out of service by a notice in writing (Use a TON) until the load anchorage points comply with NZS5444:1989 or the vehicle is unloaded.

An offence notice may be issued

Infringement Fee $370

FAILING TO COMPLY WITH LOAD SECURING LASHINGS STANDARD [N390]

Operated a heavy motor vehicle when its load-securing lashings failed to comply with the Standard or Code of Practice as was determined by the Director.

Place the vehicle out of service by a notice in writing to the driver (use a TON) until the load securing lashings comply with the Truck Loading Code, or it is unloaded.

An offence notice may be issued

Infringement Fee $370

VEHICLE IS NOT LOADED SAFELY [N301]

Operated a vehicle that was dangerously loaded

Place the vehicle out of service by a notice in writing to the driver (Use a TON) until the vehicle has been loaded safely.

An infringement notice may be issued

Infringement $600

INSUFFICIENTLY COVERED LOAD

[N302]

Operated a vehicle that was so loaded that the load escaped or was likely to escape.

Place the vehicle out of service by a notice in writing to the driver (Use a TON) until the vehicle has been loaded safely. An infringement notice may be issued

Infringement $600

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

LOAD SECURITY

LOAD ON THE VEHICLE IS DRAGGING ON THE ROAD [N311]

Note: Light vehicles only

The load is dragging on the road

Note: This does not include devices to prevent the accumulation of static electricity.

Place the vehicle out of service by a notice in writing to the driver (Use a TON) until the load is clear of the road.

An infringement notice/s may be issued.

Infringement Fee $600

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

OVER DIMENSIONAL PERMITS

CONDITIONS OF OVER DIMENSION PERMIT ARE NOT COMPLIED WITH [N541]

Failed to comply with any Category 3 or 4 Over Dimension conditions while operating on permit issued by OPIA.

If the permit is the LTSA Booklet Type, place vehicle out of service by notice in writing to the driver (use a TON) until the load complies with the Permit Booklet.

If the permit is issued by OPIA , Pplace the vehicle out of service by a notice in writing to the driver (Use a TON) until the load either complies with the permit or a new permit is issued

Obtain full details of any O/D Pilot with the load. Provide a full report on the incident to the Manager: CVIU

Offence notice/s may be issued for exceeding the specific legal dimension/s that were exceeded. (Not the dimensions shown on the permit)

Infringement Offence notices may be issued to pilots for specific offences in Dimension and Mass Rule

NOTE:

If a notice is issued it must be for exceeding the maximum legal dimension that was exceeded.

N309 - Infringement Fee $150

N517N303 - N530N308 - Infringement Fee $370

N360 - N373 - Infringement Fee $370

N501 - N505 - Infringement Fee $370

See page 44 for more details

N559 - N570 Infringement Fee $370

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

OVER WEIGHT PERMITS

FAILS TO COMPLY WITH CONDITIONS ON OVERWEIGHT PERMIT [N540]

Failed to comply with all of the conditions of an Overweight Permit.

( Refer to clause 5, of the Vehicle Dimensions and Mass Rule 2002.)

Place the vehicle/s out of service by a notice in writing to the driver (Use a TON) until load complies with the Over Weight Permit conditions or a new permit is issued.

The overweight permits should be cancelled.

Note:

i)If the load can not be rearranged to comply with the permit a new permit must be issued before the load can move off.

ii) Additional information may be required by the PIB to determine whether the breach is classified as Major or Minor. (Refer to section 10.3 of the Transit Overweight Permit Manual)

1. An infringement notice may be issued for breach of Over Weight Permit conditions
2. An infringement notice/s (HION) may be issued for:

• Exceeding legal weight limits - axles, groups of axles and gross weight Tables 1 & 2.
• Infringement fees are calculated on the legal weight limits not the permit weights.

1. Infringement Fee $370
2. Overloading Infringement Notice/s

Table 1 - Individual Axles

Table 2 - Groups of axles, gross weights

INSPECTION ITEM

MOBILE CRANES

• In order to prevent repeated enforcement weighing of mobile cranes that operate at a "fixed weight", a "Mobile Crane Weight Certificate" (MCWC) can be issued to the vehicle.

• The MCWC does not replace other permits that might be required such as an Over Weight Permit or Over Dimensional Permit.

• The MCWC may be used by enforcement officers as evidence of weight when considering whether or not the vehicle should be weighed for enforcement purposes.

• The certificate incorporates a detailed description of major accessories likely to significantly effect the weight and must include photographs of the vehicle and accessories at the time it was test weighed.

• Cranes issued with MCWC will not be routinely weighed by enforcement officers unless there are valid reasons to believe that changes have been made that are likely to significantly increase the weigh of the vehicle/s.

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

MOBILE CRANE WEIGHT CERTIFICATE

• No Mobile Crane Weight Certificate carried in the crane
• Mobile Crane Weight Certificate carried but is not complete with certified photographs of the crane taken at the time of the test weigh
• Breach of Over Dimension Permit
• Breach of Over Weight Permit
• Changes have been made that would cause a significant increase in the gross weight of the vehicle/s
• Any other time when weight is the element of an offence that has been detected

1) An infringement notice (HION) may be issued after applying the weighing tolerance.

2) An offload demand must be handed to the driver.

Advise driver that the vehicle is to remain stopped or can be removed to a place of safety approved by the officer and remain stopped until all weight limits are complied with.

An infringement notice (HION) may be issued after applying the weighing tolerance.

1) Infringement Fee Range

$150 - $10,000

2) Infringement Fee $750 for failure to comply with off load demand

[B134]

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

20 Metre/44 Tonne Permits

Weight

(Permit to exceed Gross Weight of 39tonne)

VEHICLES COMPLY WITH TRUCK-TRAILER 20METRE/44TONNE PERMIT

Only applies to vehicles operating on permits issued prior to 1 July 2002 which for some reason do not conform to the dimensions required by the Vehicle Dimensions and Mass Rule 2002.

Note:

If operating on the permit, must comply with all the conditions of the permit, even if some of the weights prescribed have been superceded by the VDAM rule.

The maximum gross weight permitted for A & B trains, 4axle trucks towing either a 3axle or 4 axle trailer is 44,000kg provided the Certificate of Loading/s are endorsed. (See next column) and the distances between axles are sufficient.(see tables on pages 45 - 48)

Weight

Vehicle/s in a combination do not comply with any condition of the 20 metre permit

or breaches any regulation:

• The gross weight of the vehicle combination exceeds gross weight of 44 tonne.
• Vehicle/s in combination not brake coded
• Weights exceeded legal limits on axles and/or groups of axles

Certificate of Loading

The Certificate of Loading is not endorsed indicating compliance with:

• NZS5446:1987 Drawbars/beams
• NZS544:1989 Load Anchorage
• HVBC: Brake Code

Stockcrates

• NZS 5413:1993 Stock crates

Weight

The vehicle combination may be weighed and after applying the normal weighing tolerance the infringement fees are calculated on the following legal weight limits:

• If the vehicle/s Certificate/s of Loading are not endorsed, the infringement fees are based on a gross weight of 39,000kg.

• If the vehicle/s Certificate/s of Loading are endorsed, the infringement fees are based on a gross weight of 42,000kg. Can be issued notice for exceeding 19 metres.
• If the combination is a 4 axle truck towing either 3 axle or 4 axle trailer the infringement is based on 44,000kg provided the Certificate of Loading/s are endorsed and the combination complies with the NZHVMBC or 4011A.

• If the vehicle combination is either an A or B train, the infringement is based on 44,000kg provided the Certificate of Loading/s are endorsed.

If the legal weight limit/s have been exceeded by 10% or more, an offload demand must be handed to the driver.

Advise driver that the vehicle is to remain stopped or can be removed to a place of road safety approved by the officer and remain stopped until all weight limits are complied with.

Weight

Infringement Fee Range

$150 - $10,000

N308 - excessive length of vehicle or load $370

Infringement Fee $7501000 for failure to comply with off load demand

[B134]

Note: Special consideration should be given to the welfare of stock being carried on stock trucks that must off load.

An infringement notice (HION) may be issued after applying the weighing tolerance.

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

20 Metre/44 Tonne Permits

Dimensions

Permit to exceed 19 metres overall length

VEHICLES TO COMPLY WITH TRUCK-TRAILER 20METRE/44TONNE PERMIT

Only applies to vehicles operating on permits issued prior to 1 July 2002 which for some reason do not conform to the dimensions required by the Vehicle Dimensions and Mass Rule 2002.

Note:

If operating on the permit, must comply with all the conditions of the permit even if some of the dimensions prescribed have been superceded by the VDAM rule.

The maximum overall length permitted for A & B trains is 20m without a

Dimensions

A vehicle and or vehicles in a combination of vehicles do not comply with any condition of the 20 metre permit or breaches any regulation.

Note:

The Permit conditions include:

• Overall length
• Inter vehicle spacing (IVS)
• Froward distances
• Front & rear overhang
• Types of Axle sets
• Turn tables on full trailers must have be of a ball race design. (5^th wheel kingpin turntables are not approved)

Certificate of Loading endorsements for all vehicles must indicate compliance with:

• NZS5446:1987 Drawbars/beams
• NZS544:1989 Load Anchorage
• NZHVBC: Brake Code

Stock trucks

• NZS 5413:1993 Stock crates

Dimensions

Place the vehicle/s out of service by notice in writing to the driver (use a TON) until the vehicle/s and/or load comply with the condition/s of the Permit.

An offence notice may be issued for exceeding the legal dimensions, not those dimensions stipulated on the permit.

Note:

Once any permit condition/s has been breached the gross weight of the combination will also reduce to either 42,000kg or 39,000kg depending on the Certificate of Loading endorsements of the vehicles in the combination.

This reduction in gross weight does not apply to 4 axle trucks towing 3 or 4 axle trailers, A & B trains PROVIDED they meet the CoL endorsements the gross weight remains 44,000kg.

See previous page for breaches of weight

Dimensions

Any notices that are issued when permit breaches are detected must be for exceeding the actual legal dimension not the permit dimensions

N303 - N309 - Infringement Fee $370

N517 - N519 - Infringement Fee $370

N528 - N532 - Infringement Fee $370

N536 - Infringement Fee $370

N547 - Infringement Fee $370

N360 - N373 - Infringement Fee $370

N501 - N505 - Infringement Fee $370

See page 5044 for more details on Precedent Codes

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

DIMENSIONS (VEHICLE & LOAD)

VEHICLE AND LOAD DIMENSIONS EXCEED LEGAL LIMITS

[N372] [501-N505]

[N510] [N517-N520]

[N523-N532] [N536]

[N545-N547]

Basic Dimensions: Refer to Regulations 1976 for more detailed information.

Refer to page 56 for Summary table of dimension limits

Maximum Height 4.25 m or lesser to clear obstructions/wires etc.

Maximum Width 2.5 m or 1.25 either side of longitudinal centre line of vehicle.

Maximum Front Overhang 3m forward of front edge of driver seat.

Maximum Rear Overhang:

Vehicles registered before 01/02/89

Not greater than 4 m from the rear axis.

Vehicle and/or Load exceeds maximum permitted dimensions (No over dimensional permit)

Place the vehicle/s out of service by a notice in writing to the driver (Use a TON) until the excess dimensions are either:

i) Changed to legal dimensions

or

ii) An Over Dimensional Permit is obtained for the entire journey.

An infringement notice/s may be issued for the legal dimensions that where exceeded.

Infringement Fee:

N303 - N309 $370 - Infringement Fee $370

N360 - N373 $370 - Infringement Fee $370

N501 - N505 $370 - Infringement Fee $370

[N372] [N501-N505] - Infringement Fee $370

[N510] [N517-N520] - Infringement Fee $370

[N523-N532] [N536] - Infringement Fee $370

[N545-N547] - Infringement Fee $370

See page 5044 for more details on Precedent Codes]

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

DRIVER DUTIES & OBLIGATIONS

GAVE FALSE DETAILS AS TO OWN IDENTITY [B106]

GAVE FALSE DETAILS AS TO DRIVER IDENTITY [B107]

Driver provided false or misleading details to an enforcement officer.

Provided false or misleading information regarding identity of a driver to an enforcement officer

Normal enforcement action

An infringement notice may be issued.

Person may be arrested for obstruction under s23, Summary proceedings Act 1981 if necessary

Maximum $10,000

Infringement Fee $750

FAILED TO GIVE NAME AND ADDRESS ON DEMAND [B109]

Person on a road failed to provide information that may lead to identification of a driver

Normal enforcement action

An offence notice may be issued

Offender may be arrested under sec 116 LTA 98 if necessary

Maximum $10,000

DRIVER FAILED TO STOPPED FOR RED AND BLUE FLASHING LIGHTS [B110]

Driver failed to stop for red/blue flashing lights and/or siren.

Driver may be arrested under section 114 (6) LTA 98 if necessary.

Driver may be issued with appropriate notice/s.

Maximum $10,000

NON-OPERATION ORDER INTERFERED WITH [B113]

Person removed or interfered with Non Operation Order

Re-issue Out of Service Order.

An infringement notice/s may be issued.

Individual $600

DROVE VEHICLE ISSUED WITH NON-OPERATION ORDER [B118]

Driver/Operator operated a vehicle when directed not to.

Issue Infringement Notice and re-issue Out of Service order.

Driver may be arrested under sec 116 LTA 98 if necessary.

Individual $600

DRIVER REFUSES TO BE WEIGHED [B124]

Driver of a heavy motor vehicle refuses to drive the vehicle to a weighing site or refuses to drive onto a weighing device when directed to do so.

An infringement notice may be issued.

Driver may be arrested obstruction (consider severity of overloading and public safety if vehicle was to proceed).

Infringement Fee $1,000

Max on summary conviction $10,000

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

DRIVER DUTIES & OBLIGATIONS

FAILED TO COMPLY WITH PROHIBITION BY ENFORCEMENT OFFICER [B126]

Is in charge of a motor vehicle and having been forbidden to drive , failed to comply with that lawful prohibition

Issue Traffic Offence Notice and re-issue the prohibition.

Driver may be arrested under sec 121(4) LTA 98 if necessary.

Maximum $10,000

FAILED TO SURRENDER KEYS OF MOTOR VEHICLE [B127]

Person in charge of a motor vehicle failed/refused to deliver up immediately all ignition and other keys of the vehicle when required by an enforcement officer.

Normal enforcement action.

An offence notice may be issued.

Offender may be arrested for obstruction under sec 121(4) LTA98 if necessary

Maximum $10,000

DRIVER DOES NOT COMPLY WITH OFF LOAD DEMAND [B134]

Driver or operator fails to comply with Off Load Demand.

1) The vehicle can be re-weighed and normal enforcement action taken.

2) An infringement notice may be issued for failing to comply with Off Load Demand.

Driver may be arrested obstruction (consider severity of overloading and public safety if vehicle was to proceed).

Infringement Fee Range

$150 - $10,000

Infringement Fee $1,000750

FAILED TO COMPLY WITH PROHIBITION BY ENFORCEMENT OFFICER [B140]

Driver failed to comply with prohibition and drove the vehicle during a period that the driver had been forbidden to drive.

Remove driver.

Issue an out of service order to the driver for the entire period of rest that was missed.

Driver may be arrested for obstruction.

Maximum $10,000

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

DRIVER DUTIES & OBLIGATIONS

DRIVER TO DRIVE TO A SPECIFIED PLACE FOR REST PERIOD [B147]

Driver failed/refused to drive to a place specified by an enforcement officer in order to obtain a rest period

Issue an out of service order to the driver for the entire period of rest that was missed.

Driver may be arrested under sec 121 (4) LTA 98 if necessary.

A TON may be issued.

Maximum $10,000

DRIVER FAILED TO STOP WHEN DIRECTED TO [B148]

Driver of a commercial vehicle failed to stop when directed or failed to stop for an "all trucks stop" sign.

Normal enforcement action, stop the vehicle.

The driver may be issued with an infringement notice.

Infringement Fee $1,000

Max on summary conviction $10,000

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

TEMPORARY SPEED LIMITS

TEMPORARY SPEED LIMITS MUST BE COMPLIED WITH

EXCEEDING TEMPORARY SPEED LIMIT - RISK OF DANGER OR DAMAGE [E601]

EXCEEDED 20KMH TEMP SPEED LIMIT PAST ACCIDENT SIGN [E604

EXCEEDING 70KMH TEMPORARY SPEED LIMIT - ROAD WORKS [E605]

EXCEEDING 50KMH TEMPORARY SPEED LIMIT - ROAD WORKS [E606]

1. Exceeding any temporary speed limits by Not more than 50 km/h

2. Exceeding any temporary speed limit by more than 50 Km/h

Exceeding 20 km/h Temp limit at more than 70 km/h

Exceeding 30 Km/h Temp limit at more than 80 km/h

Exceeding 50 km/h Temp limit at more than

100 km/h

Exceeding 70 km/h Temp limit at more than 120 km/h

Note: Before enforcement of a Temporary Speed Limit Area is commenced, a check must be made to ensure all signs are correctly displayed.

Refer to regulation 23 Traffic Regulations 1976 for more detail on placement of signs etc.

1. Routine enforcement.

2. Routine enforcement; plus

Suspend Driver’s D/Licence for 28 days - Issue POL 1005 to driver

Advise driver’s licence is suspended for 28 days

Require driver to surrender D/Licence immediately

Outline rights of appeal under sec 101 & 109 LTA 98

Advise vehicle owner to arrange an alternative driver.

Infringement Fee Range

$30 - $630

Maximum Penalty: $1000

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

SPEED LIMITS

SPEED LIMITS MUST BE COMPLIED WITH

EXCEEDING 20 KM/H PASSING SCHOOL BUS [E806]

EXCEEDING 50 KM/H IN A RESTRICTED AREA [E101]

EXCEEDING 50 KM/H IN A GAZETTED AREA [E102]

EXCEEDING 50 KM/H IN A DISTRICT AREA [E103]

EXCEEDING 70 KM/H IN A GAZETTED AREA [E201]

EXCEEDING 100 KM/H [G101]

EXCEEDING 80 KM/H WHILE TOWING [G201]

1. Exceeding any speed limit Not more than 50 km/h

2. Exceeding other speed limits by more than 50 km/h;

130 km/h other Trailers

140 km/h Semi Trailer

140 km/h Heavy Motor Vehicle

130 km/h School Bus

100 km/h in a 50 km/h area

120 km/h in a 70 km/h area

150 km/h in a 100 km/h area

1. Routine enforcement

2. Routine enforcement plus

Suspend Driver’s D/Licence for 28 days - Issue POL 1005 to driver

Advise driver’s licence is suspended for 28 days

Require driver to surrender D/Licence immediately

Outline rights of appeal under sec 101 & 109 LTA 98

Advise vehicle owner to arrange an alternative driver.

Infringement Fee Range:

$30 - $630

Maximum fine under Transport Act 1962: $500

Maximum under Traffic Regulations 1976: $ 1000

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

SPEED LIMITS

SPEED LIMITS MUST BE COMPLIED WITH

EXCEEDING 90 KM/H HEAVY MOTOR VEHICLE TOWING SEMI-TRAILER(S) [G401]

EXCEEDING 90 KM/H WITH HEAVY MOTOR VEHICLE [G501]

1. Exceeding any speed limit Not more than 50 km/h

2. Exceeding other speed limits by more than 50 km/h;

130 km/h other Trailers

140 km/h Semi Trailer

140 km/h Heavy Motor Vehicle

130 km/h School Bus

100 km/h in a 50 km/h area

120 km/h in a 70 km/h area

150 km/h in a 100 km/h area

1. Routine enforcement

2. Routine enforcement plus

Suspend Driver’s D/Licence for 28 days - Issue POL 1005 to driver

Advise driver’s licence is suspended for 28 days

Require driver to surrender D/Licence immediately

Outline rights of appeal under sec 101 & 109 LTA 98

Advise vehicle owner to arrange an alternative driver.

Infringement Fee Range:

$30 - $630

Maximum fine under Transport Act 1962: $500

Maximum under Traffic Regulations 1976: $ 1000

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

LIGHTS

HEADLAMPS Requirements [V202]

Lamps must be:

Of equal output

Be forward facing

Emit a white or amber light

Lamps are:

Missing, insecure, obscured or do not operate

Daytime:

Place vehicle out of service but it may proceed to nearest place for repairs before hours of darkness.

Hours of Darkness:

Place vehicle out of service until repairs have been made.

An infringement notice may be issued in either case

Infringement Fee:

V202 $150

V206 $150

V210 $150

V202 Vehicle not equipped with head lamps

V206 No rearward facing side lights

V210 No side lights fitted - vehicle exceeds

2m width

TAIL LAMPS (REARWARD FACING SIDE LIGHTS) [V206]

Tail Lamps are:

Missing, insecure, obscured or do not operate

Daytime:

Place vehicle out of service but it may proceed to nearest place for repairs before hours of darkness.

Hours of Darkness:

Place vehicle out of service until repairs have been made.

An infringement notice may be issued in either case

Infringement Fee: $150

?

SIDE LAMPS

NO SIDE LIGHTS FITTED - VEHICLE EXCEEDS 2M WIDTH [V210]

Vehicle and/or load exceeded 2.0 metres in width when vehicle was not fitted with forward facing side lamps or the vehicle and/or load exceeded 1.0 metre to the right of the longitudinal centerline of the vehicle.

Side lamps are :

Missing, insecure, obscured or do not operates

Daytime:

Place vehicle out of service but it may proceed to nearest place for repairs before hours of darkness.

Hours of Darkness:

Place vehicle out of service until repairs have been made.

An infringement notice may be issued in either case

Infringement Fee: $150

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

LIGHTS

STOP LAMPS operating correctly

NO STOP LAMP FITTED REGISTERED BEFORE 1 FEBRUARY 1977 [V304]

NO STOP LAMPS FITTED FIRST REGISTERED AFTER 1.2.77 [V305]

Stop lamp is: missing, insecure, obstructed or does not operate

Note: HMV’s registered on or before 01/02/77 must have stop lamps if driver’s signal can not be seen

HMV’s registered after 01/02/77 must have at least two stop lamps

HMV’s first registered in NZ on or after 01/01/61 must have at least two stop lamps

Daytime:

Place vehicle out of service but it may proceed to nearest place for repairs before hours of darkness.

Hours of Darkness:

Place vehicle out of service until repairs have been made.

An infringement notice may be issued in either case

Infringement Fee:

V304 $150

V305 $150

V304 No stop lamp fitted registered before

1 February 1977

V305 No stop lamps fitted first registered

after 1.2.77

INDICATOR LAMPS fitted to the vehicle/s are operating correctly

NO TURN INDICATORS HMV 1ST REGISTERED AFTER 1.6.65 , [V401]

HMV’s 1^st registered after the 01/06/65 must have working indicators fitted.

Vehicles Indicator lamps are missing, do not operate, are insecure or are obstructed.

Do not flash at a rate between 60 & 120 times per minute

Place vehicle out of service.

Vehicle may proceed to a place for repairs.

An infringement notice/s may be issued.

Infringement Fee $150

SIDE MARKER LAMPS operating correctly(one lamp each side at a point approx 1/3 from the rear)

Required on articulated units that exceed 9.2 m in length and heavy trailers with two or more axles first registered on or after 01/02/77

HMV OVER 9.2M IN LENGTH NO ADDITIONAL LIGHTS [V426]

Side marker lamps are missing, insecure, obscured or do not operate

Where 50% or more of the side marker lights are missing or do not operate;

Day time:

Place vehicle out of service but it may proceed to nearest place for repairs before hours of darkness.

Hours of Darkness:

Place vehicle out of service until repairs have been made.

An infringement notice may be issued in either case

Infringement Fee $150

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

LIGHTS

CAB ROOF LAMPS:

HMV NOT DISPLAYING FOUR AMBER CAB ROOF LIGHTS [V427]

Vehicle exceeds 11,300 kgs or towing a combination exceeds 9.2 m in length or articulated vehicle exceeding 9.2 m in length and:

Cab marker lamps are missing, insecure, obscured or do not operate

Note: Four lamps are required and are substantially amber in colour.

Where 50% or more of the side marker lights are missing or do not operate

Daytime:

Place vehicle out of service but it may proceed to nearest place for repairs before hours of darkness.

Hours of Darkness:

Place vehicle out of service until repairs have been made.

An infringement notice may be issued in either case

Infringement Fee $150

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

MANNER OF DRIVING

OPERATED A VEHICLE RECKLESSLY [D101]

Recklessly drove a motor vehicle on a road

Driver may be issued with a Traffic Offence Notice.

Driver may be arrested without warrant under Sec 315 Crimes Act 1961 if necessary.

Maximum Penalty on Conviction: $4,500 and/or 3 months imprisonment

Disqualified for Minimum period of 6 months or greater period as the court sees fit.

RECKLESS DRIVING CAUSING DEATH OR INJURY [D102]

Caused bodily injury to a person while recklessly driving a motor vehicle on a road.

Caused the death of a person by recklessly driving a motor vehicle on a road.

Driver may be issued with a Traffic Offence Notice.

Driver may be arrested without warrant under Sec 315 Crimes Act 1961 if necessary.

Maximum Penalty on Conviction: $20,000 and/or 5 years imprisonment

Disqualified for Minimum period of 1 year or more as the court sees fit.

DRIVING IN A DANGEROUS MANNER [D201]

DROVE AT A DANGEROUS SPEED

[D301]

Drove a motor vehicle on a road in a manner which having regard to the circumstances of the case might have been dangerous.

Drove a motor vehicle on a road at a speed which having regard to the circumstances of the case might have been dangerous.

Driver may be issued with a Traffic Offence Notice.

Driver may be arrested without warrant under Sec 315 Crimes Act 1961 if necessary.

Maximum Penalty on Conviction: $4,500 and/or 3 months imprisonment

Disqualified for minimum period of 6 months or otherwise as the Court sees fit.

DRIVING IN A DANGEROUS MANNER CAUSING INJURY OR DEATH [D202]

Caused bodily injury to a person by driving a motor vehicle on a road in a manner which having regard to the circumstances of the case might have been dangerous.

Caused the death of a person by driving a motor vehicle on a road in a manner which having regard to the circumstances of the case might have been dangerous.

Driver may be issued with a Traffic Offence Notice.

Driver may be arrested without warrant under Sec 315 Crimes Act 1961 if necessary.

Maximum Penalty on Conviction: $20,000 and/or 5 years imprisonment

Disqualified for Minimum period of 1 year or more as the court sees fit.

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

MANNER OF DRIVING

USING A MOTOR VEHICLE WITHOUT REASONABLE CONSIDERATION [D401]

Used a motor vehicle on a road without reasonable consideration for other road users.

Driver may be issued with a Traffic Offence Notice

Maximum Penalty on Conviction:

$3,000

May be disqualified as the Court sees fit.

SLOW VEHICLE or INCONSIDERATE DRIVING IMPEDING TRAFFIC [D402]

Drove a motor vehicle on a road and impeded the flow of traffic and failed to move to the left side of the road to allow following traffic to pass.

Driver may be issued with an infringement offence notice

Infringement Fee: $150

IMPEDING TRAFFIC FLOW IN RIGHT LANE [D403]

Drove a motor vehicle on a road in the right hand lane and impeded the normal flow of traffic in that lane.

Driver may be issued with an infringement offence notice.

Infringement Fee: $150.00

HEAVY MOTOR VEHICLE OR VEHICLE WITH TRAILER-FOLLOW TOO CLOSE [D908]

Followed another vehicle without leaving sufficient distance for overtaking vehicles to move in behind the vehicle ahead

Driver may be issued with an infringement offence notice.

Infringement Fee: $150.00

CARELESS DRIVING [D502]

Used a motor vehicle on a road carelessly.

Driver may be issued with a traffic offence notice.

Maximum Penalty on Conviction:

$3,000

May be disqualified as the Court sees fit.

CARELESS DRIVING CAUSING INJURY OR DEATH [D503]

Driver caused bodily injury to a person by carelessly using a motor vehicle.

Driver caused the death of a person by carelessly using a motor vehicle.

Driver may be issued with a Traffic Offence Notice.

Driver may be arrested without warrant under Sec 315 Crimes Act 1961 if necessary.

Maximum Penalty on Conviction: $4,500 and/or imprisonment for a period not exceeding 3 months.

Disqualified for minimum period of 6 months or otherwise as the Court sees fit..

CARELESS DRIVING & EXCESSIVE SPEED CAUSE INJURY OR DEATH [D505]

Driver caused the injury of a person by carelessly using a motor vehicle while driving at a speed exceeding the posted speed limit.

Driver caused the death of a person by carelessly using a motor vehicle while driving at a speed exceeding the posted speed limit.

Driver may be issued with a Traffic Offence Notice.

Driver may be arrested without warrant under Sec 315 Crimes Act 1961 if necessary.

Maximum Penalty on Conviction: $10,000 and/or imprisonment for a period not exceeding 3 years

Subject to community based sentence and Disqualified for Minimum period of 1 year or more as the court sees fit.

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INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

MASS LIMITS & OFF LOADS

NOTE: This is not the complete list of mass limits.

[H601 - H631]

Mass Limits for Individual Axles

Single Tyred Axle:

6,000kgs

Single Large Tyred Axle:

7,200kgs

Twin Tyred Axle:

8,200kgs

Oscillating Axle:

9,500kgs

Mass Limits for Groups of Axles

Twin Steer Single Axles:

10,800kgs

Tandem Axles:

Spaced: 0 - 1.3 m

14,500kgs

Spaced: 1.31 - 1.79m

15,000kgs

Spaced: 1.8m >

15,500kgs

1) Where the mass of the vehicle and load does not exceed 10% of the legal maximum mass, normal enforcement procedures are applicable.

2) The legal mass limits of the vehicle and/or the load exceed 10% or more on any axle, group of axles or gross mass.

Note: Do not apply a weighing tolerance when establishing the Off Load criteria.

For other axle distances see pages (44-48)

1) An infringement notice (HION) may be issued after applying the weighing tolerance.

2) An offload demand must be handed to the driver.

Advise driver that the vehicle is to remain stopped or can be removed to a place of safety approved by the officer and remain stopped until all mass limits are complied with.

Note: Special consideration should be given to the welfare of stock being carried on stock trucks that must off load.

An infringement notice (HION) may be issued after applying the weighing tolerance.

1) Infringement Fee Range

$150 - $10,000

2) Infringement Fee $750 for failure to comply with off load demand

[B134]

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

MASS LIMITS & OFF LOADS

Spaced: 2.0m - 2.39m

15,500kgs

Spaced: 2.4m - 2.49m

17,500kgs

Spaced: 2.5m - 3.0m

18,000kgs

Quad Axle Sets:

20,000kgs

First and last axle, or two rearmost axles, must be capable of turning through an angle of 15 degrees. Must be certified.

?

1) Where the mass of the vehicle and load does not exceed 10% of the legal maximum mass, normal enforcement procedures are applicable.

2) The legal mass limits of the vehicle and/or the load exceed 10% or more on any axle, group of axles or gross mass.

Note: Do not apply a weighing tolerance when establishing the Off Load criteria.

(For other axle distances see page 5444-48)

1) An infringement notice (HION) may be issued after applying the weighing tolerance.

2) An offload demand must be handed to the driver.

Advise driver that the vehicle is to remain stopped or can be removed to a place of safety approved by the officer and remain stopped until all mass limits are complied with.

Note: Special consideration should be given to the welfare of stock being carried on stock trucks that must off load.

An infringement notice (HION) may be issued after applying the weighing tolerance.

Infringement Fee Range

$150 - $10,000

Infringement Fee $750 for failure to comply with off load demand

[B134]

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

MASS LIMITS & OFF LOADS

Trailer : Truck Mass Ratio for Heavy Combination Vehicles

1) For an A-train, B-train or rigid vehicle towing

two trailers, the rear most trailer must not exceed 1.5 times the gross mass of the towing vehicle and front trailer.

[H638]

2) For all other heavy combination vehicles, except those operating under an overweight permit with a VAI exceeding 1.1, or those restricted to an operating speed of 40 km/h or less, the gross mass of the trailer must not exceed 1.5 times the gross mass of the towing vehicle.

[H639]

1. Gross mass of rear trailer exceeds 1.5 times the gross of towing vehicle and front trailer.
2. Gross mass of trailer exceeds 1.5 times the gross of towing vehicle.

a) Where the mass of the vehicle and load does not exceed 10% of the legal maximum mass, normal enforcement procedures are applicable.

b) The legal mass limits of the vehicle and/or the load exceed 10% or more on any axle, group of axles or gross mass.

Note: Do not apply a weighing tolerance when establishing the Off Load criteria.

For both Offences 1 & 2

a) An infringement notice (HION) may be issued after applying the weighing tolerance.

b) An offload demand must be handed to the driver.

Advise driver that the vehicle is to remain stopped or can be removed to a place of safety approved by the officer and remain stopped until all mass limits are complied with.

Note: Special consideration should be given to the welfare of stock being carried on stock trucks that must off load.

An infringement notice (HION) may be issued after applying the weighing tolerance.

Infringement Fee Range

$150 - $10,000

Example:

О О О О О

Truck (Tr) Trailer (TL)

Actual 7,000 kg 20,000 kg

Allowed 10,500 kg (Tr x 1.5)

Tolerance less than 11 tonnes = 500 kg

Exceeded by 10,000 kg

Infringement Fee $ 5,600

Note:

Infringement Fee $750 for failure to comply with off load demand

[B134]

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

ROAD USER CHARGES

NO DISTANCE LICENCE CARRIED

[H101]

Operated a motor vehicle when a distance licence was not carried

An offence notice/s may be issued

Maximum (Owner) $15,000

Maximum (Operator $3,000

FAILED TO DISPLEY ROAD USER LICENCE

[H102]

Operated a motor vehicle when a distance licence was not displayed in the prescribed manner

An offence notice/s may be issued

Maximum $3000

FAILED TO PRODUCE ROAD USER LICENCE ON DEMAND

[H103]

Failed to comply with a requirement to produce a Road User Licence having been required to do so

An offence notice/s may be issued

Maximum $3,000

DRIVING WITH INCOMPLETE DISTANCE LICENCE

[H201]

Operated a motor vehicle when a distance licence does not specify the correct;

Registration number

Serial number of the distance recorder

Vehicle type number

An offence notice/s may be issued

Maximum (Owner) $15,000

Maximum (Operator $3,000

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

ROAD USER CHARGES

DRIVING OUTSIDE MILEAGE STATED ON LICENCE

(OWNER) [H203]

(OPERATOR) [H210]

Operated a motor vehicle when the reading on the distance recorder was more than the maximum / less than the minimum distance specified on the distance licence

Where the reading on the distance recorder is more than the maximum distance specified on the distance licence an infringement offence notice/s may be issued.

Where the reading on the distance recorder is less than the minimum distance specified on the distance licence an offence notice/s may be issued. (Check reason for offence - if missing licence is for a lesser weight than that carried, include in offence notes and caption)

Statutory Defence:

A defence to a charge of exceeding the maximum distance is provided in section 23(3A) of the Road User Charges Act 1977. The statutory defence applies if the court is satisfied that;

1. The maximum distance was not exceeded by more than 500 km
2. Gross weight of vehicle does not exceed the gross weight of the licence
3. A new licence for the correct weight and distance was purchased as soon as practical following the offence

Note. Because a statutory defence is available for this charge it is considered a charge of absolute liability and the only defence is the statutory one.

Maximum (Owner) $15,000

Maximum (Operator) $3,000

Infringement Fee:

An amount calculated at 3 times the amount payable for the particular vehicle type (calculation to be made in multiples of 1000 km)

Example:

Type 2 vehicle with a 10 tonne licence and a maximum distance of 8,000 km.

Hubodometer reading of 11251 km.

Type 2 licence for 10 tonnes costs $96.82 per 1000 km (April 2002)

Because Road Users are bought in advance and in multiple of 1000km, the fees payable are for 4000 km.

96.82 x 4 = 387.28

387.28 x 3 = 1161.84

Infringement Fee = $1161

Note: Where licence carried is not the current one, TON should be issued. Caption should note details of offence and what infringement fee would have been payable if the current licence had been carried.

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

ROAD USER CHARGES

EXCEEDS GROSS WEIGHT ON DISTANCE LICENCE

(OWNER) [H501]

(OPERATOR) [H211]

Operated a motor vehicle when the gross weight of the vehicle was more than the maximum gross weight specified on the distance licence

An infringement offence notice/s may be issued

Statutory Defences:

A defence to a charge of exceeding the maximum distance is provided in section 23(3) of the Road User Charges Act 1977. The defence applies if the court is satisfied that;

A further defence is provided in section 23(3B) of the Road User Charges Act 1977. The defence applies if the court is satisfied that;

The charges that have been paid for the maximum gross weights of the licences carried for a combination of vehicles, are sufficient in total to cover the charges that apply to the actual gross weights of the individual vehicles at the time (Aggregation of Fees)

Note. Because statutory defences are available for this charge it is considered a charge of absolute liability and the only defences are the statutory ones.

Maximum (Owner) $15,000

Maximum (Operator $3,000

Infringement Fees:

Where the gross weight of the vehicle, reduced by 5% of the maximum gross weight specified on the Licence, exceeds the maximum gross weight specified in the licence by -

Not more than 1,000 kg = $200

More than 1,000 kg, not more than 2,000 kg = $400

More than 2,000 kg, not more than 3,000 kg = $600

More than 3,000 kg, not more than 4,000 kg = $1,000

More than 4,000 kg, not more than 5,000 kg = $1,500

More than 5,000 kg, not more than 6,000 kg = $2,000

More than 6,000 kg, not more than 7,000 kg = $2,500

More than 7,000 kg, not more than 8,000 kg = $3,000

More than 8,000 kg, not more than 9,000 kg = $3,500

More than 9,000 kg, not more than 10,000 kg = $4,000

More than 10,000 kg, not more than 11,000 kg = $5,000

More than 11,000 kg, not more than 12,000 kg = $6,500

More than 12,000 kg, not more than 13,000 kg = $8,000

More than13,000 kg = $10,000

(Infringement Fee not to exceed $3000 for operator

Maximum (Owner) $15,000

Maximum (Operator $3,000

Infringement Fees:

Where the gross weight of the vehicle, reduced by 5% of the maximum gross weight specified on the Licence, exceeds the maximum gross weight specified in the licence by -

Not more than 1,000 kg = $200

More than 1,000 kg, not more than 2,000 kg = $400

More than 2,000 kg, not more than 3,000 kg = $600

More than 3,000 kg, not more than 4,000 kg = $1,000

More than 4,000 kg, not more than 5,000 kg = $1,500

More than 5,000 kg, not more than 6,000 kg = $2,000

More than 6,000 kg, not more than 7,000 kg = $2,500

More than 7,000 kg, not more than 8,000 kg = $3,000

More than 8,000 kg, not more than 9,000 kg = $3,500

More than 9,000 kg, not more than 10,000 kg = $4,000

More than 10,000 kg, not more than 11,000 kg = $5,000

More than 11,000 kg, not more than 12,000 kg = $6,500

More than 12,000 kg, not more than 13,000 kg = $8,000

More than13,000 kg = $10,000

(Infringement Fee not to exceed $3000 for operator

Example of Aggregation of Fees:

A calculation can be made as follows an A Train combination,

Licences carried

Vehicle type weight cost

6 10 55.69

29 15 202.43

33 20 200.57

Total fees paid =$458.69

Licences required

Vehicle type weight cost

6 15 122.88

29 17 307.37

33 13 68.17

Total fees required = $498.42

Fees required exceed fees paid and aggregation does not apply in this case.

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

ROAD USER CHARGES

EXCEEDS GROSS WEIGHT ON DISTANCE LICENCE

(OWNER) [H501]

(OPERATOR) [H211]

(Continued)

Aggregation of Fees

(Continued)

A further defence is provided in section 23(3B) of the Road User Charges Act 1977. The defence applies if the court is satisfied that;

The charges that have been paid for the maximum gross weights of the licences carried for a combination of vehicles, are sufficient in total to cover the charges that apply to the actual gross weights of the individual vehicles at the time (Aggregation of Fees)

Note. Because statutory defences are available for this charge it is considered a charge of absolute liability and the only defences are the statutory ones.

Example of Aggregation of Fees:

A calculation can be made as follows an A Train combination,

Licences carried

Vehicle type weight cost

6 10 55.69

29 15 202.43

33 20 200.57

Total fees paid =$458.69

Licences required

Vehicle type weight cost

6 15 122.88

29 17 307.37

33 13 68.17

Total fees required = $498.42

Fees required exceed fees paid and aggregation does not apply in this case.

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

HUBODOMETERS

INACCURATE DISTANCE RECORDER (OWNER) [H718]

Was the owner of a motor vehicle when the distance recorder that was fitted to the vehicle was not accurately recording distance traveled by that vehicle.

Check the accuracy of the distance recorder by checking it over a distance of between 10 and 20 kilometres using a patrol vehicle with a certified odometer

The distance recorder must be within plus or minus 7.5% of the patrol vehicle odometer over 10 - 20 kilometres.

An offence notice may be issued where the distance recorded by the hubodometer is less than the certified distance by more than 7.5%.

Where the distance recorded is greater than the certified distance by more than 7.5% the owner should be notified that the recorder is over recording.

Maximum $15,000

INACCURATE DISTANCE RECORDER (OPERATOR) [H719]

Operated a motor vehicle when the distance recorder that was fitted to the vehicle was not accurately recording distance traveled by that vehicle

Check the accuracy of the distance recorder by checking it over a distance of between 10 and 20 kilometres using a patrol vehicle with a certified odometer.

The distance recorder must be within plus or minus 7.5% of the patrol vehicle odometer over 10 - 20 kilometres.

An offence notice may be issued where the distance recorded by the hubodometer is less than the certified distance by more than 7.5%.

Where the distance recorded is greater than the certified distance by more than 7.5% the owner should be notified that the recorder is over recording.

Maximum $3000

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

MUDGUARDS& MUDFLAPS

NO MUDGUARDS OR MUDFLAPS ON VEHICLES WITH DUAL REAR WHEELS [V437]

Note:

All HMV’s must be fitted with a mudguard over each road wheel unless it is not reasonable or is impracticable to do so

HMV’s designed so that it is impractical to fit mudguards may be fitted with alternative mudguard protection, these are:

1 Trucks & Trailers

a mudguard over each steering axle and

a mudflap behind the last axle

2. Trailers: a mudflap behind the last axle

Operated a motor vehicle on a road with dual wheels when it was not equipped with a mudguard or mud flap or the fitted mudguard or mud flap does not provide adequate coverage.

Note:

1. Mudguard must provide coverage for the full width of the tyre or tyres.

2. Front tyres should be checked with the wheels in the straight-ahead position.

3. EXEMPTIONS

HMV’s NOT required to have mudguards or mudflaps

• Any vehicle in an unfinished condition used with trade plates
• Any vehicle incapable of exceeding 30km/h and any trailer towed by the vehicle
• Any straddle truck or forklift truck
• Any vehicle or any trailer towed by the vehicle, that has been exempted in writing by:

i) Director LTSA

ii) Delegated LTSA officer

iii) Secretary for Transport

iv) Any commissioned officer of NZ Police

Check for any exemptions in writing

Place the vehicle out of service and allow the vehicle to continue on its present journey, then the vehicle must be repaired.

An infringement notice may be issued

Maximum $ 1,000

Infringement Fee $150

INSPECTION ITEM

UNSATISFACTORY CONDITION

ENFORCEMENT ACTION

MAXIMUM PENALTY

MUDGUARDS& MUDFLAPS

NO MUDGUARDS FITTED - SINGLE WHEELS [V438]

Note:

All HMV’s must be fitted with a mudguard over each road wheel unless it is not reasonable or is impracticable to do so

HMV’s designed so that it is impractical to fit mudguards may be fitted with alternative mudguard protection, these are:

1 Trucks & Trailers

a mudguard over each steering axle and

a mudflap behind the last axle

2. Trailers: a mudflap behind the last axle

Operated a motor vehicle on a road when it was not equipped with a mudguard for each road wheel, or the fitted mudguard or mud flap does not provide adequate coverage.

Note:

1. Mudguard must provide coverage for the full width of the tyre or tyres.

2. Front tyres should be checked with the wheels in the straight-ahead position.

3. EXEMPTIONS

HMV’s NOT required to have mudguards or mudflaps

• Any vehicle in an unfinished condition used with trade plates
• Any vehicle incapable of exceeding 30km/h and any trailer towed by the vehicle
• Any straddle truck or forklift truck
• Any vehicle or any trailer towed by the vehicle, that has been exempted in writing by:

i) Director LTSA

ii) Delegated LTSA officer

iii) Secretary for Transport

iv) Any commissioned officer of NZ Police

Check for any exemptions in writing

Place the vehicle out of service and allow the vehicle to continue on its present journey, then the vehicle must be repaired.

An infringement notice may be issued

Maximum $ 1,000

Infringement Fee $150