Land Transport (Enforcement Powers) Amendment Bill

Transcription

1 Land Transport (Enforcement Powers) Amendment Bill Government Bill Explanatory note General policy statement The purpose of the Bill is to enhance the powers of the Police and road controlling authorities to tackle illegal street racing and associated antisocial behaviour. Unauthorised street racing and stunts involving deliberate wheel spinning are illegal under current legislation, as is operating an excessively noisy vehicle. However the law can be difficult to enforce as the Police must clearly identify the person in the act of committing the offence. As such offending generally takes place at night, often with large crowds of excited and possibly intoxicated onlookers, it can be difficult to clearly identify a driver. Bystanders are unlikely to offer any assistance. Therefore, apprehension rates are low. Consequently, the deterrent value of the existing law is low. This Bill aims to disrupt and deter illegal street racing and related activities (such as cruising ) by enhancing the powers of road controlling authorities to create bylaws in relation to such activities and providing for enforcement officers with more powers to tackle illegal street racing. The Bill proposes to give road controlling authorities the power to create bylaws in relation to illegal street racing (ie, anti cruising): 40 1

2 2 Amendment Bill Explanatory note empower enforcement officers to attach warning notices to motor vehicles that are used in breaches of qualifying bylaws, and to impound the motor vehicle on a second or subsequent offence within 90 days: require a vehicle ordered off the road for excessive exhaust noise to undergo an objective (metered) noise test to reduce the occurrence of exhaust swapping or tampering: decrease the infringement fee for all breaches of the conditions of the graduated driver licensing system from $400 to $100 (as monetary penalties have a low deterrent value fines may be paid by parents, pooled and shared by all occupants of the car, or ignored completely): increase the demerit points for breaches of the conditions of the graduated driver licensing system (other than failing to display an L plate) from 25 to 35 points (as demerit points, which can lead to a 3 month driver licence suspension, have a high deterrent value with young drivers): give enforcement officers a range of powers to deal with drivers breaching the conditions of the graduated driver licensing system, including the powers to direct a motor vehicle to be driven to a specified place, to forbid the person to drive, or to take possession of the ignition keys or other keys of the motor vehicle or to take other necessary steps to immobilise the motor vehicle, or remove it to a place where it does not constitute a traffic hazard: empower enforcement officers to direct a motor vehicle suspected of not complying with vehicle standards to be inspected at a specified place of inspection of no more than 5 kilometres away, unless the motor vehicle fails to stop: provide for the issuing of 25 demerit points for registration plate offences: introduce a mandatory 3 month minimum driver licence disqualification for failing to stop when signalled to do so by an enforcement officer, if a repeat offence or if accompanied by excessive speed or dangerous driving: include failing to stop when directed by an enforcement officer as an aggravating factor which must be taken into account at sentencing for dangerous and/or reckless driving offences:

3 Explanatory note Amendment Bill 3 introduce a mandatory 12 month licence disqualification and a term of imprisonment not exceeding 3 months for a third or subsequent failure to stop offence: increase the maximum fine to $20,000 for failure by a vehicle s owner to provide to the Police the details of the driver or passenger involved in offending with that vehicle: provide that impoundment of motor vehicles involved in illegal street racing or sustained loss of traction, currently at the discretion of the enforcement office, be made mandatory: provide that impoundment of motor vehicles involved in illegal street racing or sustained loss of traction, currently at the discretion of the enforcement office, be made mandatory: facilitate the confiscation and seizure of impounded motor vehicles: empower the Commissioner of Police to issue a sales prohibition notice to prohibit the sale or disposal of motor vehicles, pending the conclusion of proceedings, where a prosecution is initiated that may result in the confiscation of the motor vehicle concerned: empower the NZ Transport Agency to charge a driver licence reinstatement fee of $65 if a licence was revoked. It is proposed that the commencement date of the Bill be 1 December The proposed commencement date reflects the likely implementation period. Clause by clause analysis Clause 1 relates to the Title. Clause 2 relates to commencement. Clause 3 provides that the principal Act amended is the Land Transport Act 1998 (the Act). Part 1 Amendments to Land Transport Act 1998 Clause 4 amends section 2(1), which concerns interpretation. The amendments add several definitions. Clause 5 amends section 13, which requires drivers and other road users to comply with certain directions. The amendment provides

4 4 Amendment Bill Explanatory note that a person driving a motor vehicle must comply with a warning notice. Clause 6 amends section 22A, which provides that persons may not engage in unauthorised street or drag racing, or other related prohibited activities on roads. The amendment provides that a person may not, without reasonable excuse, operate a motor vehicle on a road in a manner that contravenes certain bylaws. Clause 7 inserts new sections 22AB to 22AF. New section 22AB provides that road controlling authorities may make certain bylaws. New section 22AC provides that the Minister of Transport may amend, replace, or disallow bylaws. New section 22AD sets out the consultation requirements for bylaws. New section 22AE sets out the publication requirements for bylaws. New section 22AF provides for and regulates the use of warning notices. Clause 8 amends section 27, which concerns suspension and revocation of licences. The amendment provides that the New Zealand Transport Agency (the Agency) may cancel a person s current photographic driver licence in certain circumstances. Clause 9 amends section 29, which provides that certain driver licences have no effect. The amendment specifies the circumstances in which a driver licence has no effect. Clause 10 amends section 30, which provides that driver licences are the property of the Agency and are to be surrendered in certain circumstances. The amendment provides that the Agency must return a licence or issue a new licence to certain persons in certain circumstances. Clause 11 inserts new section 36AB, which provides that a court must, in certain circumstances, treat the contravention of section 114 of the Act as an aggravating factor. Clause 12 amends section 52, which concerns contravening notices, requirements, etc, given or imposed by enforcement officers. The amendment sets out penalties for subsequent convictions for offences against section 114 of the Act. Clause 13 amends section 83, which requires a licence holder to undergo approved tests or courses if disqualified for more than 1 year. The amendment omits the words or endorse the existing licence from section 83(1)(b).

5 Explanatory note Amendment Bill 5 Clause 14 amends section 84, which concerns issuing new licences or endorsements in certain circumstances. The amendment provides that the Agency must, in certain circumstances, issue new licences to certain persons. Clause 15 amends section 90, which concerns the suspension of licences or disqualification from driving under demerit points system. The amendment provides for the suspension of a person s driver licence for 3 months and cancellation of that person s current photographic driver licence. Clause 16 amends section 96, which concerns vehicle seizure and impoundment. The amendments provide that an enforcement officer must, if practicable, seize and impound a motor vehicle if the officer believes on reasonable grounds that the driver operated the vehicle in a manner that breached a qualifying bylaw and the vehicle is subject to a warning notice. The amendments also require the driver of a seized or impounded vehicle to provide certain information. In addition, the amendments provide that personal property present in a seized or impounded motor vehicle must be released to certain persons. Clause 17 amends section 96A, which concerns the impoundment of vehicles used in transport service. The amendment provides that personal property present in a seized or impounded motor vehicle must be released to certain persons. Clause 18 amends section 97, which concerns the storage of impounded vehicles. The amendments provide for the recovery of certain fees by the vehicle recovery service operator or the storage provider if an impounded vehicle is seized or confiscated from impoundment under the Summary Proceedings Act 1957 or the Sentencing Act The amendments also make other adjustments to section 97 relating to the execution of a warrant to seize property under section 94 of the Summary Proceedings Act 1957 or a warrant of confiscation under section 132 of the Sentencing Act Clause 19 amends section 98, which concerns the release of vehicles. The amendments account for the execution of a warrant seized property under section 94 of the Summary Proceedings Act 1957 or a warrant of confiscation under section 132 of the Sentencing Act Clause 20 inserts new sections 98A and 98B. New section 98A provides that the Commissioner may prohibit the sale or disposal of cer

6 6 Amendment Bill Explanatory note tain motor vehicles. New section 98B provides for an appeal to a District Court under certain circumstances. Clause 21 amends section 102, which concerns appeals to the Police against the impoundment of vehicles. The amendment requires appeals to be lodged no later than 14 days after the date on which the vehicle is seized and impounded. Clause 22 amends section 110, which concerns appeals against the refusal of the Police to direct the release of impounded vehicles. The amendments provide that a person who fails to lodge an appeal under section 102 within the time specified may, if an enforcement officer agrees, appeal to a District Court. The enforcement officer may agree if satisfied that there are exceptional circumstances that prevented the filing of the appeal within the time specified. Clause 23 amends section 113, which provides that enforcement officers may enforce transport legislation. The amendment adjusts the required information particulars to align section 113 with the changes made to section 96 by clause 16. Clause 24 amends section 114, which provides a power to require drivers to stop and give their name and address, etc. The amendment adjusts the required information particulars to align section 114 with the changes made to section 96 by clause 16. Clause 25 amends section 115, which provides that enforcement officer may give directions prohibiting the driving of vehicles. The amendments allow enforcement officers to give directions regarding compliance with applicable requirements with respect the noise emitted by a vehicle s exhaust system. Clause 26 inserts new section 121A, which provides that enforcement officers may give directions or immobilise vehicles if drivers breach certain licence conditions. Clause 27 inserts new section 128C, which sets out the powers of enforcement officers in respect of certain motor vehicles subject to service inspection and certification requirements. Part 2 Consequential amendments Clause 28 consequentially amends the Acts set out in Schedule 1.

7 Explanatory note Amendment Bill 7 Clause 29 consequentially amends the regulations and rules set out in Schedule 2. Regulatory impact statement Executive summary This initiative is targeted specifically at reducing the harm and nuisance to communities caused by illegal street racers. Adequacy statement This Regulatory Impact Statement was prepared in accordance with the necessary requirement and submitted at the time Cabinet approval of the policy relating to the Bills was sought. Status quo and problem Illegal street racing has been an issue around the country for many years. The harm from illegal street racing can be broken down into 3 categories: road safety, noise, and public nuisance or disorder. There are penalties for engaging in illegal street racing activity and associated behaviour (eg, unlawful exhibition of speed). The Government believes that the current penalties are not enough to make a significant impact on this problem. Between 2003 and 2007 there were on average 101 crashes a year from wider street racing activity (including showing off and playing chicken). These crashes resulted in (on average) 10 deaths, 46 serious injuries, and 125 minor injuries a year. Actually apprehending a driver or drivers in the act of illegal street racing activity is a rare and random event. In the period, there were on average convictions for illegal street racing activity. It is hard to know the true extent of illegal street racing as the participants are able to avoid the Police, by monitoring Police radios, posting lookouts, and using broadcast text messaging to warn of approaching Police patrols. Further, members of the public are reluctant to confront offenders or even take registration numbers for fear of reprisals. Current penalties for illegal street racing are disqualification and a fine or imprisonment. The vehicle may also be confiscated. If a person is convicted twice in 4 years of an illegal street racing offence or

8 8 Amendment Bill Explanatory note of an illegal street racing offence and 1 of a range of serious traffic offences, the courts must confiscate the person s vehicle. Despite this, the actual rate of confiscations is very low. In 2006 there were offences in which mandatory confiscation applied, and over in which discretionary confiscation applied. There were only confiscation orders granted. This puts the current rate of confiscation at less than 2% (or 1 in 10 for mandatory confiscations). One of the major problems associated with illegal street racing is the public nuisance caused both by the drivers of the vehicles and the spectators and supporters. Often the nuisance is caused by large numbers of drivers cruising around a predetermined circuit. In isolation, any one vehicle may not be committing an offence or causing a public nuisance, but with a large gathering (sometimes upwards of 100 vehicles) the noise and nuisance to residents and business owners is considerable. Further to this, spectators and supporters of illegal street racing are known to cause public nuisance or disorder. Again, an individual on his or her own may not be causing any specific bother but congregations of people can be intimidating to communities. There have also been reports to the Police of other antisocial behaviour including property damage, damage to roads, drunken and abusive behaviour, intimidation, urinating, breaking bottles, and littering. In addition to the disruption to daily living for residents, there could also be negative effects on business and tourism, particularly as areas become known as popular haunts for illegal street racers. A recent incident in Christchurch resulted in a lone police officer being ambushed by approximately 300 people associated with illegal street racing activity. This incident saw both the public and the Government become less tolerant of the small but persistently antisocial group of illegal street racers and their associates. Objectives The central objective is to significantly reduce the harm and nuisance to communities caused by illegal street racers. This includes managing the public disorder of spectators and supporters, reducing noise, and reducing the road safety risk of illegal street racers.

9 Explanatory note Amendment Bill 9 Alternative options The provision of legal facilities for racing and burnouts has not proved to be an effective solution. In 2001 and 2002 the Manukau and Christchurch City Councils constructed off road skid pads. These have not been successful in reducing on road offending by young drivers. Council staff advise that there appear to be 2 reasons for this. First, the skid pads are not open during the hours favoured by young people. More importantly, they do not offer the excitement of an illegal activity and the possibility of a cat and mouse game with the Police. Car clubs have also stated that they welcome inquiries from persons genuinely interested in becoming involved in motor racing. Preferred option The preferred option is to introduce the Land Transport (Enforcement Powers) Bill, which, together with the Motor Vehicle (Confiscation and Seizure) Amendment Bill, will address aspects of the illegal street racing problem. It is recommended that the following options are included in the Land Transport (Enforcement Powers) Bill: give road controlling authorities the power to create bylaws in relation to illegal street racing (ie, anti cruising): empower enforcement officers to attach warning notices to motor vehicles that are used in breaches of qualifying bylaws, and to impound the motor vehicle on a second or subsequent offence within 90 days: require a motor vehicle ordered off the road for excessive exhaust noise to undergo an objective (metered) noise test to reduce the occurrence of exhaust swapping or tampering: decrease the infringement fee for all breaches of the conditions of the graduated driver licensing system from $400 to $100 (as monetary penalties have a low deterrent value fines may be paid by parents, pooled and shared by all occupants of the car, or ignored completely): increase the demerit points for breaches of the conditions of the graduated driver licensing system (other than failing to display an L plate) from 25 to 35 points (as demerit points, which

10 10 Amendment Bill Explanatory note can lead to a 3 month driver licence suspension, have a high deterrent value with young drivers): give enforcement officers a range of powers to deal with drivers breaching the conditions of the graduated driver licensing system, including the powers to direct a motor vehicle to be driven to a specified place, to forbid the person to drive, take possession of the ignition keys or other keys of the motor vehicle, or to take other necessary steps to immobilise the motor vehicle or remove it to a place where it does not constitute a traffic hazard: empower enforcement officers to direct a motor vehicle suspected of not complying with vehicle standards to be inspected at a specified place of inspection of no more than 5 kilometres away: provide for the issuing of 25 demerit points for registration plate offences: introduce a mandatory 3 month minimum driver licence disqualification for failing to stop when signalled to do so by an enforcement officer, if a repeat offence or if accompanied by excessive speed or dangerous driving: include failing to stop when directed by an enforcement officer as an aggravating factor which must be taken into account at sentencing for dangerous and/or reckless driving offences: introduce a mandatory 12 month licence disqualification and a term of imprisonment not exceeding 3 months for a third or subsequent failure to stop offence: increase the maximum fine to $20,000 for failure by a vehicle s owner to provide to the Police the details of the driver or passenger involved in offending with the vehicle: provide that impoundment of vehicles involved in illegal street racing or sustained loss of traction, currently at the discretion of the enforcement office, be made mandatory: empower the Commissioner of Police to issue a sales prohibition notice to prohibit the sale or disposal of motor vehicles, pending the conclusion of proceedings, where a prosecution is initiated that may result in the confiscation of the motor vehicle concerned:

11 Explanatory note Amendment Bill 11 empower the NZ Transport Agency to charge a driver licence reinstatement fee of $65 if a licence was revoked. Officials have considered non legislative options, which will be progressed. These are introducing a secure digital radio network for Police: Police review of existing operational approaches to managing public disorder associated with illegal street racing. Benefits and costs to consumers and wider community Benefits to the wider community include less disruption to daily living from the noise, dangerous driving practices, and disorder. Police advise that illegal street racing and associated public disorder tends to peak during the Thursday to Saturday period, which is already a busy time for the Police with domestic violence call outs, drunkenness, assaults and fights, drink driving, vandalism, and burglaries all peaking at that time. The effect is that illegal street racing enforcement takes already stretched Police resources away from other important enforcement tasks. Longer term, as the incidence of illegal street racing declines, Police will be able to reallocate their resources to other areas of the community, which will be beneficial. It is not expected that there will be any costs to consumers or wider communities from proposals in this package. Benefits and compliance costs to business The legislation will deliver benefits to businesses that have suffered due to illegal street racing in their community. For example, in Christchurch over recent years inner city motels and hotels have experienced customer complaints and cancellations. In March this year a motelier was reported as stating that he was losing $80,000 per annum because some rooms could no longer be used by guests. 1 In February 2009 Michael Baines, the Chief Executive of the Motel Association said: The disruption by these boy racers invades not only the comfort of our paying guests but also the homes of the moteliers. The stresses on the operators by both the impact on their 1

12 12 Amendment Bill Explanatory note businesses and their personal space has proved to be debilitating in many cases. 2 In January 2009 a Christchurch hospital was obliged to move patients away from rooms looking onto the street because of the racket caused by noisy boy racers (New Zealand Herald 23 January ). The noise was reported as starting at 7 pm and continuing to the early hours of the morning. A German television programme had recently depicted the city as a place where young people were out of control. Young drivers were filmed bragging about the number of traffic infringement notices which they had received and which they claimed they had no intention of paying. Even in rural areas, horse breeders have reported that the noise and disturbances from racing and associated stunts was frightening valuable animals, causing them to jump or break fences. In December 2007, the Orana Wildlife Park reported that their animals became similarly distressed after major disturbances on the adjacent road (New Zealand Herald 19 December ). A report dated 1 November 2007 on Orana Wildlife Park s Internet site said The noise they make at night causes immense stress to our animals, their entire activity poses a serious fire risk to us (flares, oil and hot rubber are not a good mix with endangered animals) and the mess they make is disgusting, says Animal Collection Manager, Ian Adams. As a result of boy racer activity, a frightened Kangaroo injured ligaments and tendons in its hind leg. The animal had to be anaesthetised and taken to the Park s vet at Rangiora for x rays..... The road near the Park is a mess with debris from the boy racer activity. Oil slicks and rubber saturate the tarmac and staff have found used flares, cigarette butts and rubbish meaning the activity poses a huge fire risk to the Park and the surrounding area. Furthermore, the city council/news/article.cfm?l_id=121=&objectid= city council/news/article.cfm?o_id=600647&objectid=

13 Explanatory note Amendment Bill 13 road looks filthy which is a terrible sight for people visiting one of Christchurch s major assets. 5 It would be expected that businesses would have less disruption from noise and unruly gatherings associated with illegal street racing. It is not expected that there will be any costs to businesses. If rates of vehicle confiscation increase, finance companies may be more inclined to undertake rigorous background checks on vehicle owners before financing a vehicle, as they may want to minimise the risk of the vehicle being confiscated. Benefits and costs to Government Road safety is an ongoing concern for the Government. On average there are approximately 10 deaths from illegal street racing a year, with a social cost of over $30 million. Proposals aimed at reducing the incidence of illegal street racing should impact on the number of illegal street racing deaths. Specific costs to the Government relate to graduated driver licensing system breaches and the proposals in the Vehicle Seizure and Confiscation Bill. Graduated driver licensing system breaches The administration costs associated with rebalancing the graduated driver licensing system penalties (in terms of increased numbers of licence suspensions) are expected to be largely recovered through the licence reinstatement fee which suspended drivers will have to pay to have their licence card reissued at the end of the suspension. Impact on existing regulation The following legislation will be amended through the Land Transport (Enforcement Powers) Amendment Bill: Land Transport Act 1998: Transport Act 1962: Transport (Vehicle and Driver Registration and Licensing) Act 1986: 5

14 14 Amendment Bill Explanatory note Land Transport (Driver Licensing and Driver Testing Fees) Regulations 1999: Land Transport (Offences and Penalties) Regulations 1999: Land Transport (Ordering a Vehicle off the Road) Notice 1999: Land Transport (Driver Licensing) Rule 1999: Land Transport Rule: Vehicle Equipment Implementation and review The introduction of these measures will be implemented progressively, some on enactment and some on given dates. Media announcements will be made prior to any changes coming into force. There is no specific advertising programme suggested. The Police will actively enforce these new provisions. All relevant agencies will monitor the effectiveness of the new measures. Consultation The following agencies were consulted on this proposal: the Ministry of Justice, the New Zealand Transport Agency, the Department of Internal Affairs, the Treasury, the Ministry of Economic Development, the Department of Corrections, the Ministry of Youth Development, Local Government New Zealand, and the Ministry of Social Development. The following agencies were informed: the Department of the Prime Minister and Cabinet, Te Puni Kōkiri, and the Ministry of Pacific Island Affairs.

15 Hon Steven Joyce Land Transport (Enforcement Powers) Amendment Bill Government Bill Contents Page 1 Title 3 2 Commencement 3 3 Principal Act amended 3 Part 1 Amendments to Land Transport Act Interpretation 3 5 Drivers and other road users to comply with directions 4 of enforcement officers, etc 6 Persons not to engage in unauthorised street or drag 4 racing, or other related prohibited activities on roads 7 New heading and sections 22AB to 22AF inserted 4 Bylaws 22AB Road controlling authorities may make certain 4 bylaws 22AC Minister may amend, replace, or disallow bylaws 5 22AD Consultation 6 22AE Publication and proof of bylaws 6 22AF Warning notices 7 8 Suspension and revocation of licences 8 9 Certain driver licences have no effect 8 10 Driver licences are property of Agency and are to be 8 surrendered in certain circumstances 11 New section 36AB inserted

16 Amendment Bill 36AB Contravention of sections 7 and Contravening notices, requirements, etc, given or imposed 9 by enforcement officers 13 Holder to undergo approved tests or courses if disqualified 10 for more than 1 year 14 New licence or endorsement to be issued if disqualified 10 driver qualifies for specified vehicle classes 15 Suspension of licence or disqualification from driving 10 under demerit points system 16 Vehicle seized and impounded for 28 days in certain 10 circumstances 17 Impoundment of vehicle used in transport service Storage of impounded vehicles Release of vehicle after 28 days New heading and sections 98A and 98B inserted 15 Prohibiting sale or disposal of motor vehicles 98A Commissioner may prohibit sale or disposal of 15 certain motor vehicles 98B Appeal of notice to District Court Appeal to Police against impoundment of vehicle Appeal against refusal of Police to direct release of 16 impounded vehicle 23 Enforcement officers may enforce transport legislation Power to require driver to stop and give name and address, 17 etc 25 Enforcement officers may give directions prohibiting 17 driving of vehicles 26 New section 121A inserted A Enforcement officer may give directions or immobilise vehicle if driver breaches certain licence conditions New section 128C inserted C Enforcement officer s powers in respect of certain motor vehicles subject to service inspection and certification requirements 19 Part 2 Consequential amendments 28 Acts consequentially amended Regulations and rules consequentially amended 19 2

17 Amendment Bill Part 1 cl 4 Schedule 1 20 Acts consequentially amended Schedule 2 21 Regulations and rules consequentially amended The Parliament of New Zealand enacts as follows: 1 Title This Act is the Amendment Act Commencement 5 This Act comes into force on 1 December Principal Act amended This Act amends the Land Transport Act Part 1 Amendments to Land Transport Act Interpretation Section 2(1) is amended by inserting the following definitions in their appropriate alphabetical order: cruising means driving repeatedly over the same section of a road in a motor vehicle in a manner that 15 (a) draws attention to the power or sound of the engine of the motor vehicle being driven; or (b) creates a convoy that (i) is formed otherwise than in trade; and (ii) impedes traffic flow 20 qualifying bylaw means a bylaw made by a road controlling authority under section 22AB(1)(b) of this Act, section 72(1)(d) of the Transport Act 1962, section 684(1)(13) of the Local Government Act 1974, or section 145 of the Local Government Act 2002 for the stated purpose of 25 (a) restricting or placing conditions on the racing of motor vehicles or any associated activities: 3

18 Part 1 cl 5 Amendment Bill (b) controlling or restricting cruising or any associated activities Registrar, in relation to the execution of a warrant of confiscation, means any Registrar of the High Court or of a District Court, as the case may require, and includes a Deputy Regis 5 trar. 5 Drivers and other road users to comply with directions of enforcement officers, etc Section 13 is amended by inserting the following subsection above subsection (1): 10 (1AA) A person driving a motor vehicle that has a warning notice given under section 22AE attached to it must comply with that notice. 6 Persons not to engage in unauthorised street or drag racing, or other related prohibited activities on roads 15 Section 22A is amended by inserting the following subsection after subsection (3): (3A) A person may not, without reasonable excuse, operate a motor vehicle on a road in a manner that contravenes a bylaw made under section 22AB or 22AC New heading and sections 22AB to 22AF inserted The following heading and sections are inserted after section 22A: Bylaws 22AB Road controlling authorities may make certain bylaws 25 (1) A road controlling authority may make any bylaw that it thinks fit for 1 or more of the following purposes: (a) authorising, subject to any restrictions or conditions, the racing of motor vehicles: (b) controlling or restricting cruising: 30 (c) prescribing fines, not exceeding $500, for the breach of any bylaw made under this section. (2) A bylaw made under subsection (1) may apply 4

19 Amendment Bill Part 1 cl 7 (a) to all roads, any specified road, or any part of a specified road under the care, control, or management of the road controlling authority making the bylaw: (b) to all vehicles or traffic or to any specified class or classes of vehicles or traffic using a road under the care, 5 control, or management of the road controlling authority making the bylaw: (c) at any specified time or times. (3) A copy of every bylaw made under this section by a road controlling authority must, within 1 week after being made, be 10 sent by the road controlling authority to the Minister, who may at any time disallow the bylaw or any part of the bylaw under section 22AC. (4) Nothing in this section (a) applies to any railway on, over, or across any road; or 15 (b) limits any provision in this Act or any other Act, or any provision in any rules or regulations made under this Act or any other Act, regarding the regulation of traffic on roads; or (c) limits the power to make bylaws conferred on a road 20 controlling authority under any other Act. (5) In this section, railway has the same meaning as in section 4(1) of the Railways Act AC Minister may amend, replace, or disallow bylaws (1) The Minister may, by notice published in the Gazette, 25 (a) amend or replace any bylaw made by a road controlling authority under section 22AB: (b) disallow, either wholly or in part, any bylaw made by a road controlling authority under section 22AB or any other enactment (whether before or after the commence 30 ment of this section) if the bylaw (i) is inconsistent with any enactment; or (ii) is unreasonable or undesirable in so far as it relates to or may affect traffic. (2) On any disallowance under subsection (1), the bylaw must, 35 to the extent to which it is disallowed, be treated as having been revoked. 5

20 Part 1 cl 7 Amendment Bill (3) Any disallowance under subsection (1) takes effect either on the day of the publication of the notice of disallowance in the Gazette or on a later date that may be specified in the notice. 22AD Consultation (1) A road controlling authority that is a local authority may not 5 make a bylaw under section 22AB unless it has used the special consultative procedures set out in section 83 of the Local Government Act (2) A road controlling authority that is not a local authority may not make a bylaw under section 22AB unless it has consulted 10 with (a) the occupiers of any properties adjoining the road to which the proposed bylaw would apply; and (b) any affected road controlling authorities that are responsible for roads that join, or are located near, the road to 15 which the proposed bylaw would apply; and (c) the territorial authority for the area where the road is located; and (d) any affected local community; and (e) the Commissioner of Police; and 20 (f) any other organisation or road user group that the road controlling authority considers affected; and (g) the Agency (if the road controlling authority is not the Agency). (3) The road controlling authority must 25 (a) give notice in writing to the persons specified in subsection (2) of the road controlling authority s proposal to make, amend, or replace a bylaw; and (b) give those persons a reasonable time, which must be specified in the notice, to make submissions on the pro 30 posal. 22AE Publication and proof of bylaws (1) As soon as practicable after a bylaw is made, the road controlling authority must give public notice of the making of the bylaw, stating 35 (a) the date on which the bylaw comes into force; and 6

21 Amendment Bill Part 1 cl 7 (b) that copies of the bylaw may be inspected and obtained at the office of the relevant road controlling authority on payment of a specified amount. (2) A road controlling authority must (a) keep copies of all its bylaws at the office of the road 5 (b) controlling authority; and make its bylaws available for public inspection, without fee, at reasonable hours at the office of the road controlling authority; and (c) supply to any person, on request and on payment of a 10 reasonable charge, a copy of any of its bylaws. (3) The production of any document purporting to contain a printed copy of any bylaw made under section 22AB and authenticated by the road controlling authority that made it is, until the contrary is proved, sufficient evidence of the 15 existence and provisions of the bylaw. 22AF Warning notices (1) If a motor vehicle is operated in a manner that breaches a qualifying bylaw, an enforcement officer may attach a warning notice to the motor vehicle (instead of, or in addition to, issuing 20 an applicable infringement notice). (2) The warning notice must be (a) in the form prescribed by the Minister of Police by notice in the Gazette; and (b) attached to the motor vehicle subject to the warning no 25 tice in a manner that (i) is visible; but (ii) does not interfere with the driver s view of the road. (3) A warning notice attached to a motor vehicle under subsec 30 tion (1) (a) is in effect for a period of 90 days from the date of its attachment; and (b) must remain attached to the motor vehicle for that period. 35 7

22 Part 1 cl 8 Amendment Bill 8 Suspension and revocation of licences Section 27 is amended by adding the following subsection as subsection (2): (2) The Agency may cancel a person s current photographic driver licence if 5 (a) a court has ordered the disqualification of that person; or (b) that person s licence is suspended as a consequence of accumulating the requisite number of demerit points. 9 Certain driver licences have no effect 10 Section 29 is amended by repealing subsection (1) and substituting the following subsection: (1) A driver licence has no effect if (a) a person is disqualified from holding, or unqualified to hold, a driver licence: 15 (b) a person already holds a driver licence of the same class as the other licence: (c) (d) the licence is cancelled, superseded, or replaced: the licence is for the time being suspended under any Act Driver licences are property of Agency and are to be surrendered in certain circumstances Section 30 is amended by repealing subsection (5) and substituting the following subsection: (5) The Agency must, subject to section 83 and as soon as prac 25 ticable after being satisfied that a person is eligible to hold a driver licence, (a) in the case where the licence has been cancelled, issue a new licence to the person when the disqualification or (b) suspension expires or is removed; or 30 in the case where the licence has been suspended (other than under section 90 for accumulated demerit points), return the licence to the person when the suspension expires or is removed; or (c) in the case where a court authorises the issue of a limited 35 licence, issue a new licence to the person. 8

23 Amendment Bill Part 1 cl New section 36AB inserted The following section is inserted after section 36A: 36AB Contravention of sections 7 and 114 If a person commits an offence specified under section 35 or 36 in a manner that contravenes sections 7 and 114, a court, 5 in sentencing or otherwise dealing with the person for the offence, must treat the contravention of section 114 as an aggravating factor. 12 Contravening notices, requirements, etc, given or imposed by enforcement officers 10 Section 52 is amended by adding the following subsections: (3) If a person is convicted of an offence against section 114 and has previously been convicted of an offence against section 114 or, while failing to comply with section 114, exceeded the applicable speed limit or operated a motor vehicle in an 15 otherwise dangerous manner, a court must order the person to be disqualified from holding or obtaining a driver licence for 3 months. (4) If a person is convicted for a third or subsequent offence against section 114, 20 (a) the maximum penalty is imprisonment for a term not exceeding 3 months; and (b) the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year. (5) A disqualification ordered under subsection (3) or (4) is cu 25 mulative on, and not concurrent with, any other disqualification that a court may order in respect of the incident that gave rise to the person s conviction under section 114. (6) A person commits an offence if the person fails or refuses to provide information or provides false information with respect 30 to any request for information made by an enforcement officer under section 118. (7) The maximum penalty on conviction for an offence against subsection (6) is a fine not exceeding $20,000. (8) If a person removes, obscures, or makes indistinguishable a 35 warning notice attached to a motor vehicle while the notice 9

24 Part 1 cl 13 Amendment Bill is in effect, the person commits an offence and is liable on conviction to a fine not exceeding $10, Holder to undergo approved tests or courses if disqualified for more than 1 year Section 83(1)(b) is amended by omitting or endorse the exist 5 ing licence. 14 New licence or endorsement to be issued if disqualified driver qualifies for specified vehicle classes (1) The heading to section 84 is amended by omitting or endorsement. 10 (2) Section 84 is amended by repealing subsection (2) and substituting the following subsection: (2) If this section applies, then the Agency must issue a new licence to that person to authorise that person to drive the relevant class of motor vehicle and all lower classes of motor ve 15 hicles for which that person held a licence immediately before he or she was disqualified. 15 Suspension of licence or disqualification from driving under demerit points system Section 90(1) is amended by repealing paragraph (a) and sub 20 stituting the following paragraph: (a) suspend that person s driver licence for 3 months and cancel that person s current photographic driver licence; or. 16 Vehicle seized and impounded for 28 days in certain 25 circumstances (1) Section 96 is amended by inserting the following subsection after subsection (1): (1AA) An enforcement officer must, if practicable, seize and impound, or seize and authorise the impoundment of, a motor ve 30 hicle for 28 days if the officer believes on reasonable grounds that (a) the driver operated the vehicle in a manner that breached a qualifying bylaw; and 10

25 Amendment Bill Part 1 cl 16 (b) the vehicle is subject to a warning notice attached under section 22AF. (2) Section 96(1A) is amended by omitting may and substituting must, if practicable,. (3) Section 96(2)(a)(i) is amended by omitting name and ad 5 dress and substituting full name and full address. (4) Section 96 is amended by inserting the following subsection after subsection (2): (2A) The driver of a motor vehicle seized or impounded under this section must, if requested to do so by an enforcement officer, 10 (a) provide the driver s (i) full name; and (ii) full address; and (iii) date of birth; and (iv) occupation; and 15 (v) telephone number: (b) provide, if known to the driver, the registered owner s (i) full name; and (ii) full address; and (iii) date of birth; and 20 (iv) occupation; and (v) telephone number. (5) Section 96 is amended by repealing subsection (4) and substituting the following subsections: (4) Personal property (other than property attached to or used 25 in connection with the operation of the vehicle) present in a motor vehicle at the time of the seizure and impoundment must be released on request to a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle or personal property immediately 30 before the vehicle was moved. (5) Personal property present in a motor vehicle at the time of the seizure and impoundment must be released subsequently to (a) a bailiff or constable who is executing a warrant to seize property: 35 (b) a person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner s consent to such release. 11

26 Part 1 cl 17 Amendment Bill 17 Impoundment of vehicle used in transport service (1) Section 96A(2)(a)(i) is amended by omitting name and address and substituting full name and full address. (2) Section 96A(2)(a)(ii) is amended by omitting name and address and substituting full name and full address. 5 (3) Section 96A is amended by repealing subsection (4) and substituting the following subsections: (4) Personal property (other than property attached to or used in connection with the operation of the vehicle) present in a motor vehicle at the time of the seizure and impoundment 10 must be released on request to a person who produces satisfactory evidence to the effect that he or she was lawfully entitled to possession of the vehicle or personal property immediately before the vehicle was moved. (5) Personal property present in a motor vehicle at the time of the 15 seizure and impoundment must be released subsequently to (a) a bailiff or constable who is executing a warrant to seize property: (b) a person acting on behalf of the owner of the goods if the person produces satisfactory evidence of the owner s 20 consent to such release. 18 Storage of impounded vehicles (1) Section 97(3) is amended by inserting impounded after owner of the. (2) Section 97 is amended by inserting the following subsection 25 after subsection (3): (3A) The fees and charges referred to in subsection (2) are recoverable from the chief executive of the Ministry of Justice by the vehicle recovery service operator or storage provider if an impounded vehicle is seized or confiscated from impoundment 30 under the Summary Proceedings Act 1957 or the Sentencing Act (3) Section 97 is amended by repealing subsection (6) and substituting the following subsection: (6) The storage provider must immediately comply with 35 12

27 Amendment Bill Part 1 cl 19 (a) a direction given under this Act to release the vehicle to the owner or a person authorised for the purpose by the owner; or (b) a warrant to seize property executed by a bailiff or constable under section 94 of the Summary Proceedings 5 Act 1957; or (c) a warrant of confiscation under section 132 of the Sentencing Act 2002 executed by a Registrar, bailiff, or constable. (4) Section 97(7) is amended by inserting the chief executive of 10 the Ministry of Justice, or a Registrar, after The Commissioner,. (5) Section 97 is amended by adding the following subsection: (8) For the purposes of subsection (7), Registrar means any Registrar of the High Court or of a District Court, as the case 15 may require, and includes a Deputy Registrar. 19 Release of vehicle after 28 days (1) Section 98 is amended by repealing subsection (1) and substituting the following subsection: (1) On or after the close of the 28 day impoundment period, the 20 registered owner of the vehicle, or a person authorised for the purpose by the registered owner, or a bailiff or a constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957, or a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of 25 the Sentencing Act 2002, is entitled to remove the vehicle from storage by (a) showing the storage provider proof of identity and either, (i) in the case of the registered owner of the vehicle, 30 or a person authorised for the purpose by him or her, proof of ownership of the vehicle or the owner s copy of the notice of acknowledgement of seizure and impoundment; or (ii) in the case of a Registrar, bailiff, or constable, the 35 warrant; and 13

28 Part 1 cl 19 Amendment Bill (b) paying the fees and charges for towage and storage of the vehicle, or entering into an arrangement to pay those fees and charges. (2) Subsection 98(2) is amended by omitting subsection (1) is and substituting subsections (1), (6), and (7) are. 5 (3) Section 98 is amended by adding the following subsections: (6) Before removing a vehicle under subsection (1), a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957, or a Registrar, bailiff, or constable executing a warrant of confiscation under 10 section 132 of the Sentencing Act 2002, must (a) pay any unpaid fees and charges referred to in section 97(2) related to the vehicle to be removed; or (b) enter into an arrangement with the storage provider for the payment of any unpaid storage fees and charges. 15 (7) Despite anything in subsections (1) to (6), (a) in the case of a bailiff or constable executing a warrant to seize property under section 94 of the Summary Proceedings Act 1957, the period during which an impounded vehicle may be seized 20 (i) begins immediately on the expiry of the applicable 14 day appeal period specified in section 102; and (ii) ends when (A) the vehicle is released under subsection 25 (1); or (B) the storage provider becomes the owner of the vehicle under subsection (5): (b) in the case of a Registrar, bailiff, or constable executing a warrant of confiscation under section 132 of the 30 Sentencing Act 2002, the period during which an impounded vehicle may be seized (i) begins immediately on the impoundment of the vehicle; and (ii) ends when 35 (A) the vehicle is released under subsection (1); or (B) the storage provider becomes the owner of the vehicle under subsection (5). 14

29 Amendment Bill Part 1 cl New heading and sections 98A and 98B inserted The following heading and sections are inserted after section 98: Prohibiting sale or disposal of motor vehicles 98A Commissioner may prohibit sale or disposal of certain 5 motor vehicles (1) This section applies if (a) a person is charged with an offence under this Act or any other enactment that would, if the person is convicted of the offence, permit or require a court to order 10 the confiscation of the person s motor vehicle under the Sentencing Act 2002; and (b) the Commissioner believes, on reasonable grounds in the circumstances, that the court would, if the person is convicted of the offence, order the confiscation of the 15 person s motor vehicle under the Sentencing Act (2) If this section applies, the Commissioner may prohibit the sale or disposal of the motor vehicle by giving notice in the prescribed form to (a) the person who is charged; and 20 (b) the registered owner of the motor vehicle (if a person other than the person who is charged). (3) A person notified under subsection (2) may not sell, or dispose of, (a) the motor vehicle specified in the notice: 25 (b) any parts of the motor vehicle specified in the notice. (4) The Commissioner (a) must cancel the notice given under subsection (2) if the person charged (i) does not own, or does not have a legal or equi 30 table interest in, the motor vehicle specified in the notice; or (ii) is not convicted of an offence that would permit or require a court to order the confiscation of the person s motor vehicle under the Sentencing Act ; or (iii) is convicted of such an offence but a court does not order the confiscation of the person s motor vehicle under the Sentencing Act 2002; or 15