New Legislation - Road Policing
Latest updates:
Land Transport (Enforcement Powers) Amendment Act
The Land Transport (Enforcement Powers) Amendment Act 2009 comes into effect on 1 December 2009. The Act introduces a number of measures for tackling illegal street racing and the anti-social use of vehicles.
Fact Sheets
- Fact Sheet One - Land Transport (Enforcement Powers) Amendment Act 2009
- Fact Sheet Two - Confiscation and Vehicle Seizure Act 2009
FAQs
Why is this legislation needed?
Drivers who use their vehicles in an anti social manner are a threat to public safety, and can cause excessive noise, disruption and intimidation.
Apprehending a driver in the act of illegal street racing can be difficult. The changes in the Act will strengthen existing laws and ensure that penalties are appropriate to prevent repeat offending.
In addition, the government is taking major steps to improve New Zealand’s road safety to 2020 through the Safer Journeys strategy. The Enforcement Powers Act will assist this work by giving Police and Courts greater powers to stop the extremes of dangerous and anti-social behaviour shown by some road users.
When does this come into force?
The Act came into force on 1 December 2009. The licence reinstatement provisions will come into force by Order in Council.
Will this law affect legitimate car clubs?
The provisions in the Act are aimed at preventing only activities which create a public nuisance. There is no intention of targeting safe and non-disruptive activities, and it would be unlikely that the activities of legitimate clubs would breach the provisions in the Act.
Some car events already require local authority permission to be held. Under the Act, local authority permission would also mean that illegal street racing bylaws (such as those prohibiting "cruising") would not apply.
What is meant by "cruising"?
Cruising refers to drivers circling specified streets within defined periods of time drawing attention to the power or the sound of the vehicle, or creating a convoy that impedes the flow of traffic.
Do other countries have similar legislation?
New Zealand’s situation is relatively unique in that there is access to cheap high powered cars, cheap fuel (in comparison to many countries), credit to purchase cars, and very wide car ownership.
However, there are a number of similar interventions in place in different jurisdictions. Legislation in other countries includes laws for the impoundment and confiscation of cars, the creation of greater powers for local authorities, and the crushing of cars.
Have the public been consulted?
The public were invited to make submissions during the select committee process earlier this year. 126 submissions were received and these were considered by the select committee working on the Act.
What about crushing cars?
A provision for vehicle seizure and destruction is included in the Sentencing Amendment (Vehicle Confiscation) Act 2009.
New drugged driving legislation from 1 November 2009
From 1st November 09 Police may carry out compulsory impairment tests on drivers they suspect of driving under the influence of drugs.
The new legislation:
- creates an offence of driving while impaired and with evidence in the bloodstream of a controlled drug (i.e. a drug that is classified under the Misuse of Drugs Act 1975) or a prescription medicine;
- empowers Police to determine whether or not a driver is impaired by means of a “compulsory impairment test” (CIT test). If the test shows that the driver is impaired, it will be followed by a blood test to determine whether controlled drugs or prescription medicines are present;
- imposes penalties which are aligned to the penalties for drink driving .
The enforcement process
A trained officer will be able to require a driver to undergo a CIT test when there is good cause to suspect consumption of a drug or prescription medicine. A driver who is not able to satisfactorily complete the impairment test will be required to provide a blood sample.It will be an offence when the driver is unable to complete the CIT test in a satisfactory manner; and the driver's blood contains evidence of a controlled drug or prescription medicine.
The CIT Test
The compulsory test will involve:- an eye assessment – pupil size, reaction to light, lack of convergence, nystagmus (eye movement - Irregular eye movement is a marker for impairment.)
- a walk and turn assessment;
- a one leg stand assessment.
Prescription medicine
The new impairment offence treats controlled drugs and prescription medicines the same because both can impair a person’s ability to drive safely. The new offence is concerned with road safety risk, not with the use of illegal drugs.
For more information visit www.transport.govt.nz
Download the information leaflet: Important Information about Drugs and Driving [PDF 190KB]Land Transport (Road User) Amendment Rule 2009
Whether you drive, ride, cycle or walk in New Zealand, changes to the 'Road User Rule' will affect you from 1 November 2009.
The Land Transport (Road User) Amendment Rule 2009 (NZ Transport Agency website), signed by Transport Minister, Steven Joyce, in August, outlines 24, either new or updated, provisions to further improve safety and efficiency for road users.
The most high-profile change is the impending ban of the use of hand-held mobile phones while driving. For more information see the NZ Transport Agency website.Download the information leaflet: New Road Rules [PDF 149KB]
