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Your Rights on the Road

Police Questioning

An officer can stop you at any time. You and any passengers have the right to remain silent – but must give your names, dates of birth and addresses and any details (eg. the vehicle owner) which will help the officer to locate the driver or owner of the vehicle. An officer can keep a driver for 15 minutes to establish identity. An officer can arrest you for not stopping, not giving your details, or if they have good cause to believe you’ve given false or misleading details. These offences have a maximum fine of $10,000. Remember your right to speak to a free lawyer from the Bill of Rights List and if you’re under 17, to have a supportive adult with you at the station. If you’re the driver of a vehicle and an officer has reasonable cause to believe that you’ve committed an offence while driving, they can get your details off the owner. The owner must give the officer all information available or obtainable to them in order to identify you. Failure of the owner to do is an offence with a maximum fine of $10,000.

Searches

An officer can search your vehicle if: you agree (silence is taken as agreeing); they have reasonable grounds to believe that you have drugs, or an offensive weapon; they have a search warrant; they arrest you and you’re with your vehicle at the time; they have reasonable grounds to believe that there are stolen goods in the vehicle; or you are in, or entering, an area with an alcohol ban. You can avoid such a search by leaving the area. The police must tell you of this option

Accidents & Insurance

It is usually better not to admit that you were at fault – talk to a legal advisor first. Make sure you get the other driver’s details (they must give them if you ask) – you may have to take them to the Disputes Tribunal if it’s their fault and they won’t pay. Write down everything that happened (ie. time, place, weather conditions, position of vehicles on road, etc.) as soon as you can. If you’re at fault, ask for 3 quotes for repairs to check damage and costs before paying.

Drink Driving

If you refuse a breath test, an officer can make you take an evidential breath test or blood test. You have the right to speak to a free lawyer on the Bill of Rights list before you take an evidential breath test or blood test. Ask the police to sort this out for you.

Traffic Offences

Ask police for a copy of your police file under the Privacy Act and the Official Information Act to see if you agree with what the police are saying. Get a lawyer to check your legal position to see if you have any defence. If you have got legal advice and want to plead guilty or you’ve been found guilty, it can help to explain the circumstances of your case. You should hand a letter addressed to “The Presiding Judge” saying: any reasons why you broke the law; if it’s your first offence or ticket; if weather conditions contributed to the accident; how long you’ve been driving; if you’ve done a defensive driving course; if you’ve learnt your lesson and are sorry for what has happened. if you’ve been hurt physically; if you are suffering financially due to the debt you have from the accident. if no-one else was injured; You should also hand the Judge any statements from witnesses and references from an employer, community leader or your family (to show your credibility). If you have been charged with a more serious offence (eg. dangerous or reckless driving) you’ll probably want to get a lawyer for court or see a duty solicitor on the day. You can apply for legal aid at the District Court. If you’re disqualified you may be able to apply for a limited licence to drive in certain situations (eg. work). · Remember to always look for other cars and check your mirrors and over your shoulder before turning, overtaking, changing lanes or reverse.

Some Driving Offences and Maximum Penalties (ie. The most you can get) Note *”vehicle” includes a bicycle, moped, motorcycle, skateboard, roller blades and roller skates **usually you will be issued with a notice to pay the infringement fee instead

Driving without a licence [1]	Not exceeding $1000 fine $400 infringement fee** (Your car will be seized and impounded for 28 days – storage and towing fees apply)
Driving without carrying your licence with you [1]	$1000 fine $55 infringement fee**
Breaking the conditions of your graduated drivers licence – (eg carrying passengers without a supervisor while on a restricted licence)	$1000 fine $400 infringement notice**
Careless or inconsiderate driving of a vehicle* [2] without causing injury or death (ie driving without reasonable consideration for others or not driving with the care and attention that a reasonable and sensible driver would exercise in the circumstances – your driving must suit the weather, any road hazards, road surface, light conditions and what others are doing)	$3000 fine (usually $150-$400, plus $130 court costs) and you can be disqualified
Careless or inconsiderate driving of a vehicle* causing death or injury [3]	3 months imprisonment and/or $4500 fine and at least 6 months disqualification
Dangerous driving of a motor vehicle without causing death or injury [4] (ie. Driving in a way or at a speed which is, or might have been dangerous to anyone – you can be guilty even if there is no-one else on the road, because someone may have come onto the road) or Reckless driving (ie. Realising you are driving dangerously but ignoring the effects or risks of continuing to drive like that)	3 months imprisonment and/or $4500 fine and at least 6 months disqualification
Dangerous or Reckless driving of a motor vehicle causing death or injury [5]	5 years imprisonment and/or $20,000 fine and at least 1 Year Disqualification.
Driving a motor vehicle while under the influence of alcohol or drugs [6] (to such an extent as to be incapable of having proper control of the motor vehicle)	For first and second time – 3 months imprisonment and/or $4500 fine and at least 6 months disqualification. For the third and following times – 2 years imprisonment and/or $6000 fine and at least 12 months disqualification
Driving a motor vehicle with breath or blood alcohol over the legal limit without causing injury or death If you are under 20 [7] – over 30mg alcohol per 100ml of blood, or over 150mcg alcohol per litre of breath	3 months imprisonment and/or $2250 fine and at lease 3 months disqualification
If you are over 20 [8] – over 80mg alcohol per 100ml of blood, or over 400mcg alcohol per litre of breath	For first and second time: 3 months imprisonment and/or $4500 fine and at least 6 months disqualification. For third and following times: 2 years imprisonment and/or $6000 fine and at least 12 months disqualification

[1] ss 31, 32 and 33 Land Transport Act 1998
[2] s37 Land Transport Act 1998
[3] s37 Land Transport Act 1998
[4] s35 Land Transport Act 1998
[5] s36 Land Transport Act 1998
[6] s56 Land Transport Act 1998
[7] s57 Land Transport Act 1998
[8] s58 Land Transport Act 1998

Street/Drag Racing

Under the ‘boy racer’ provisions of the Land Transport Act 1998, you are not allowed to; race or drive a car with excessive speed; or cause a car to lose traction; or spill (intentionally) petrol, oil or any other substance on to a road that is likely to cause a car to lose traction [9]. If a police officer believes on reasonable grounds that you or someone else has used your car for any of these above offences they can impound your car for 28 days (see below) The ‘boy racer’ provisions also prohibit you from using a ‘traction’ engine, unless you have the correct qualification to operate a ‘traction’ engine [10]. [9] ss22A & B Land Transport Act 1998 [10] s22C Land Transport Act 1998

Impounding your Car

The police may impound your car for 28 days, if the police believe that you drove when: disqualified from holding a licence; or licence was suspended or revoked; or licence had expired; or you don’t hold a licence The police may also seize your car for 28 days if the police believe the car was used for racing; or car was used for an unnecessary exhibition of speed or acceleration on a road; or car was used in a way that caused it to lose traction The police may provide you with a notice setting out conditions under which the car may be used e.g. under certain speeds and at certain times of the day. If the police do seize or impound your car they must give you written notice, acknowledging impoundment including the name and address of the driver, date and time of seizure, place of impoundment and general rights of appeal. [11] The police must give a copy to the driver, registered owner and storage provider. You will be liable to pay for the storage costs [12]. You can appeal the police decision to impound your car by firstly appealing to the police (s102 Land Transport Act). If that is not successful, you can appeal to the District Court [13]. Note that the police do not have to provide this notice if the driver’s blood/alcohol exceeds 80 miligrams of alcohol per 100 mililitres of blood. [11] s96 Land Transport Act [12] s97(2) Land Transport Act [13] s110 Land Transport Act

Speeding

If you are caught by police speeding at 40km/h above the speed limit (eg. doing 90km/h in a 50km/h zone or 140km/h in a 100km/h zone), the police will automatically suspend you driver’s licence for 28 days [14]. In addition, if you are caught speeding at high speed you may be charged with dangerous driving, if the police believe that you were driving in a manner that is likely to be dangerous to yourself, other persons or the public [15]. Dangerous driving is a serious driving offence (see Penalties sections for maximum sentence). Speeding also leads to demerit points (see below). If you are exceed the speed limit by no more than 10 km/h you will be issued 10 demerit points; between 10km/h and 20km/h you will be issued 20 demerit points; between 20km/h and 30km/h you will be issued 35 demerit points; between 30km/h and 35km/h you will be issued 40 demerit points; over 35km/h you will be issued 50 demerit points (Schedule 2, Land Transport (Offences and Penalties) Regulations [14] s 95(1)(c) Land Transport Act [15] s7 Land Transport Act Demerit Points If you are convicted of a driving offence it is likely that you will have demerit points recorded against your name [16]. If you accumulate 100 or more demerit points over a two year period you will have your driver’s licence suspended for 3 months [17]. If you record 50 or more demerit points, you will be provided with a notice from the LTSA setting out how many demerit points you have and the consequences of having any more recorded against your name [18] [16] s88 Land Transport Act [17] s90 Land Transport Act [18] s89 Land Transport Act