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Penalties and offences
Driver licence offences
All drivers must carry their licence with them when they drive on public roads. If you are found driving without your licence, you can be ticketed and face an infringement fee of $55.
It is important that new drivers develop driving skills in a safe environment - safe for themselves and others. As a result, new drivers face fines and demerit points if they break the conditions of their restricted and learner licences. Drivers breaking the conditions of their learner or restricted licence will face:
- a $400 infringement fine
- a 25 demerit point penalty.
The less serious driver licence offence penalties have a $1,000 maximum fine, while the more serious have a $4,500 maximum. The most serious licensing offence, of driving while disqualified or contrary to limited licence, carries a maximum fine for a third or subsequent offence of $6,000. The period of imprisonment for this offence is 2 years.
The Land Transport Act 1998 allows judges to take account of the presence of aggravating factors such as repeat offending and the degree of intoxication.
General driving
Maximum court fines for general driving offences start at $2,000 for driving an unsafe vehicle and go up to $20,000 for reckless or dangerous driving of a motor vehicle causing injury to or the death of another person, or for failing to stop after a crash where someone is killed.
Parking fines have a maximum of $60 for specific offences and $57 for exceeding time limits. The infringement fine for not wearing a safety belt is $150.
Drink-driving
Serious alcohol offences have a second step of penalties for third and subsequent offending, with maximum fines of $6,000, imprisonment up to 2 years, and a minimum disqualification period of 1 year.
Drink-driving causing injury or death carries fines up to $10,000 if driving carelessly while under the influence, or $20,000 where breath or blood alcohol concentration exceeded the legal limit.
Speeding
Speeding fines progressively increase for speeds in excess of 10 kilometres an hour, with a maximum fine of $630 where the speed is up to 50 kilometres an hour over the limit. Speeds in excess of this limit come into the careless / dangerous / reckless categories depending on circumstances, and also incur a mandatory 28 day licence suspension.
Is a skateboard a vehicle?
The definition of "vehicle" includes skateboards, in-line skates and roller skates. People using them must be careful and considerate of other road users, including pedestrians, and must stop if involved in a crash so they can check on the condition of anyone else involved. If anyone is injured or killed then the crash must be reported to the Police.
However, skateboards, in-line skates and roller skates are not motor vehicles or cycles, and may be used on a footpath, unless forbidden by local bylaws. Local Authority bylaws on the use of vehicles will also apply.
Tables of offences and penalties
The following tables cover the major offences and penalties contained in road transport legislation. This includes both court-imposed fines and infringement offences. For a complete list you should obtain your own copies of the Acts and Regulations.
The summaries of each offence are intended only to be an indication of the provisions they describe.
Land Transport Act 1998 - offences and penalties
General driving behaviour
| Offence | Penalty |
|---|---|
| Driving with an expired driver licence, or without a licence that applies to the vehicle being driven; driving contrary to the conditions of the licence; failure to produce licence to enforcement officer without delay when requested; failure to surrender driver licence when suspended, revoked, disqualified or superseded. [sect 31] | A fine not exceeding $1,000 |
| Driving while disqualified from holding or obtaining a driver licence; or contrary to the terms of a limited licence, or if your licence is suspended or revoked. [sect 32] | First or second offence - imprisonment up to 3 months or a fine not exceeding $4500, or both, and disqualification for at least 6 months. Third or subsequent offence - imprisonment up to 2 years or a fine not exceeding $6,000, or both, and disqualification for at least 1 year. |
| Applying for a driver licence when disqualified from doing so or when driver licence is suspended. [sect 33] | Imprisonment for up to 3 months, or a fine not exceeding $4,500, or both, and disqualification for at least 6 months. |
| Providing driving instruction in motor vehicle for financial or commercial gain without current instructors' endorsement [sect 33A] | A fine not exceeding $1,000 |
| Driving an unsafe vehicle, or failing to comply with certain Rules [sect 34] | A fine not exceeding $2,000 |
| Reckless or dangerous driving [sect 35] | Imprisonment for up to 3 months, or a fine not exceeding $4,500, or both, and disqualification for at least 6 months |
| Unauthorised street or drag racing or unnecessary exhibition of speed [sect 36A(4)] | |
| Reckless or dangerous driving causing injury to or the death of another person [sect 36] | Imprisonment for up to 5 years, or a fine not exceeding $20,000, or both, and disqualification for at least 1 year |
| Unauthorised street or drag racing, or unnecessary exhibition of speed causing injury to or the death of another person [sect 36A(3)] | |
| Careless or inconsiderate driving [sect 37] | A fine not exceeding $3,000 and discretionary disqualification |
| Careless or inconsiderate driving causing injury to or the death of another person [sect 38] | Imprisonment for up to 3 months, or a fine not exceeding $4,500, or both, and disqualification for at least 6 months |
| Causing bodily injury to or the death of another person by carelessly using a motor vehicle while speeding or overtaking or driving on wrong side of road [sect 39] | Imprisonment for up to 3 years, or a fine not exceeding $10,000, or both, and disqualification for at least 1 year |
| Failing to stop after an accident where no other person is injured or killed [sect 35] | Imprisonment for up to 3 months, or a fine not exceeding $4,500, or both, and disqualification for at least 6 months |
| Failing to stop after an accident where a person is injured or killed [sect 36] | Imprisonment for up to 5 years, or a fine not exceeding $20,000, or both, and disqualification for at least 1 year |
| Failure to supply name and address of driver and vehicle owner and vehicle registration to other person involved in accident or to Police | Fine not exceeding $5,000 |
| Failure, without reasonable excuse, to report accident involving injury to or death of a person | |
| Failure to report damage to motor vehicle or property [sect 47] |
Alcohol-related offences
| Offence | Penalty |
|---|---|
| Driving with breath or blood alcohol concentration over legal limit [sect 56] | First or second offence imprisonment up to 3 months or a fine not exceeding $4,500, or both, disqualification at least 6 months |
| Third or subsequent offence imprisonment up to 2 years or a fine not exceeding $6,000, or both, disqualification at least 1 year | |
| Person younger than 20 driving with breath or blood alcohol concentration over legal limit [sect 57] | Imprisonment up to 3 months or a fine not exceeding $2,250, or both, disqualification at least 3 months |
| Driving while under influence of drink or drug [sect 58] | First or second offence imprisonment up to 3 months or a fine not exceeding $4,500, or both, disqualification at least 6 months |
| Third or subsequent offence imprisonment up to 2 years or a fine not exceeding $6,000, or both, disqualification at least 1 year | |
| Failing or refusing to remain after breath screening test [sect 59(1)(a)] | A fine not exceeding $4,500 and disqualification for such period as court thinks fit |
| Failing or refusing to accompany for purpose of evidential breath test [sect 59(1)(b)] | A fine not exceeding $4,500 and disqualification for such period as court thinks fit |
| Failing or refusing to remain at, or to accompany to alternate place, for purpose of evidential breath test or blood test [sect 59(1)(c)] | A fine not exceeding $4,500 and disqualification for such period as court thinks fit |
| Failing to remain until result of evidential breath test ascertained [sect 59(1)(d)] | A fine not exceeding $4,500 and disqualification for such period as court thinks fit |
| Failing to permit blood specimen to be taken (3 separate offences) [sect 60] | First or second offence imprisonment up to 3 months or a fine not exceeding $4,500, or both, disqualification at least 6 months |
| Third or subsequent offence imprisonment up to 2 years or a fine not exceeding $6,000, or both, disqualification at least 1 year | |
| Causing injury or death while having breath or blood alcohol concentration over legal limit [sect 61(1)] | Imprisonment for up to 5 years or a fine not exceeding $20,000, or both, and disqualification for at least 1 year |
| Causing injury or death while under the influence of drink or drug (and incapable of proper control of vehicle) [sect 61(2)] | Imprisonment for up to 5 years or a fine not exceeding $20,000, or both, and disqualification for at least 1 year |
| Causing injury or death by driving carelessly while under the influence of drink or drug [sect 62] | Imprisonment for up to 3 years or a fine not exceeding $10,000, or both, and disqualification for at least 1 year |
| Convicted of any other offence involving drink or drugs which relates to driving or attempting to drive a vehicle used in transport service (except a rental service) [sect 63] | In addition to any other penalty, disqualification from driving a transport service vehicle (except a rental service vehicle) for more than 1 year but no more than 10 years |
Other offences against the Land Transport Act
| Offence | Penalty |
|---|---|
| Failure of any person loading a vehicle to adequately secure or contain load in or on a vehicle [sect 42] | Individual a fine not exceeding $2,000, and disqualification of driver at discretion of court; Body corporate a fine not exceeding $10,000 |
| Operating a heavy motor vehicle at a weight exceeding the maximum specified for the vehicle or for any axle or group of axles. [sect 43] | Infringement fine as provided for in regulations or if not in regulations then Part III of the Second Schedule of the Transport Act 1962 |
| Knowingly giving false or misleading information when required to supply information or make statutory declaration [sect 44] | Fine not exceeding $10,000 |
| Making or causing alteration to distance recorder or vehicle with intent to cause false record of distance travelled to be recorded or shown [sect 45] | Fine not exceeding $2,000 |
| Conducting a traffic survey without prior consent of Director, or failing to comply with conditions or directions given [sect 46] | Fine not exceeding $2,000 |
| Fails to attend or pay fee for court ordered driving improvement course or dangerous goods course [sect 48] | Fine not exceeding $2,000 |
| Releasing vehicle from impoundment without reasonable excuse or lawful authority, or failing to comply with lawful direction to release [sect 49] | Fine not exceeding $5,000 |
| Failing to release to owner a vehicle removed from road under direction of enforcement officer [sect 50] | Fine not exceeding $2,000 |
| Failing or refusing to comply with a requirement in respect of an audit or inspection [sect 51] | Fine not exceeding $5,000 |
| Driver of vehicle stopped by an enforcement officer who fails to remain stopped [sect 52(1)(aa)] | Fine not exceeding $10,000 |
| Removing, obscuring, or rendering indistinguishable a notice directing that vehicle not be driven on road [sect 52(1)(a)] | Fine not exceeding $10,000 |
| Driving vehicle contrary to notice directing that a vehicle not be driven on road [sect 52(1)(b)] | Fine not exceeding $10,000 |
| Failing to comply with direction or requirement concerning off-loading of heavy vehicle or securing load on heavy vehicle [sect 52(1)(c)] | Fine not exceeding $10,000 |
| Failing to comply with direction to stop heavy vehicle or to drive heavy vehicle to weighing device [sect 52(1)(d)] | Fine not exceeding $10,000 |
| Obstruction or hindering of enforcement officer or dangerous goods enforcement officer [sect 53] | Fine not exceeding $10,000 |
| Pretending by words conduct or demeanour to be an enforcement officer, or dangerous goods enforcement officer [sect 54] | Fine not exceeding $10,000 |
| Tampering with or interfering with the operation of approved surveillance equipment [sect 55] | Fine not exceeding $5,000 |
Parking offences
| Offence | Infringement fee | |
|---|---|---|
| Any parking offence involving parking on a road in breach of a local authority bylaw, in excess of a period fixed by a meter or otherwise, where the excess time is - | ||
| Not more than 30 minutes | $12 or such lesser amount as is fixed by the local authority | |
| More than 30 minutes but not more than 1 hour | $15 or such lesser amount as is fixed by the local authority | |
| More than 1 hour but not more than 2 hours | $21 or such lesser amount as is fixed by the local authority | |
| More than 2 hours but not more than 4 hours | $30 or such lesser amount as is fixed by the local authority | |
| More than 4 hours but not more than 6 hours | $42 or such lesser amount as is fixed by the local authority | |
| More than 6 hours | $57 or such lesser amount as is fixed by the local authority | |
| Parked on or within 6 m of an intersection | $60 | |
| Parked on or near pedestrian crossing | $60 | |
| Parked on broken yellow lines | $60 | |
| Double parking | $60 | |
| Inconsiderate parking | $60 | |
| Parked on a clearway | $60 | |
| Parked on a bus only lane | $60 | |
| All other parking offences | $40 | |
The towage fee involved in respect of the movement or proposed movement of the vehicle is added to the above infringement fees.
Speeding offences
| Offence | Infringement fee $ |
|---|---|
| Any speeding offence, where the speed exceeds the speed limit by - | |
| Not more than 10 kilometres an hour | 30 |
| More than 10 kilometres an hour but not more than 15 kilometres an hour | 80 |
| More than 15 kilometres an hour but not more than 20 kilometres an hour | 120 |
| More than 20 kilometres an hour but not more than 25 kilometres an hour | 170 |
| More than 25 kilometres an hour but not more than 30 kilometres an hour | 230 |
| More than 30 kilometres an hour but not more than 35 kilometres an hour | 300 |
| More than 35 kilometres an hour but not more than 40 kilometres an hour | 400 |
| More than 40 kilometres an hour but not more than 45 kilometres an hour | 510 |
| More than 45 kilometres an hour but not more than 50 kilometres an hour | 630 |
Infringement offences against the Transport Act 1962 (other than speeding and overloading offences)
| Brief description of offence | Infringement fee $ |
|---|---|
| Failure to release vehicle towed away, in certain circumstances [sect 68BA(6)] | 280 |
Offences against Traffic Regulations 1976
(NB Items already identified as being covered under Land Transport Rules have been left out of the table.)
| Brief description of offence | Infringement fee $ |
|---|---|
| Offences against Part VII (which relates to equipment) not otherwise specified in this Part of this Schedule [Part VII generally] | 150 |
Offences against Regulation 18(1) of Heavy Motor Vehicle Regulations 1974
| Brief description of offence | Infringement fee $ |
|---|---|
| Unlawful use of Class C road [clause 5(5)] | 370 |
| Failure to comply with conditions of permit to exceed minimum tyre pressure [clause 8(3)] | 150 |
| Failure to comply with provisions concerning prohibition on certain heavy traffic [clause 10] | 370 |
| Failure to comply with provisions concerning protection of bridges [clause 11] | 470 |
| Failure to comply with vehicle standards, etc [clause 16A - Act incorrectly refers clause 16] | 370 |
| Failure to comply with requirements of traffic officer, obstruction, etc [clause 17] | 370 |
Infringement offences against the Land Transport Act 1998
| Brief description of offence | Infringement fee $ |
|---|---|
| Driving without appropriate current driver licence [sect 31(1)(a)] | 400 |
| Driving contrary to conditions on licence [sect 31(1)(b)] | 400 |
| Failing to produce driver licence [sect 31(1)(c)] | 55 |
| Operating vehicle without displaying current evidence of vehicle inspection or certificate of loading, where vehicle is a heavy motor vehicle or is used in transport service [sect 34(1)(b)] | 600 |
| Operating vehicle without displaying current evidence of vehicle inspection or certificate of loading, where vehicle is not a heavy motor vehicle or is not used in transport service [sect 34(1)(b)] | 200 |
| Without reasonable excuse, pouring, placing or allowing to spill onto road any petrol, oil, diesel etc [sect 36A(1)(b)] | 600 |
| Failing to secure load [sect 42(1)] | 600 |
| Making a false or misleading statutory declaration etc [sect 44(1)] | 750 |
| Contravening requirements, conditions, or directions about traffic surveys [sect 46(1)] | 500 |
| Failing to report damage to other vehicles or property [sect 47(1)] | 370 |
| Failure to release vehicle towed away in certain circumstances [sect 50(1)] | 280 |
| Removing, obscuring, or rendering indistinguishable a notice directing vehicle not be driven on a road [sect 52(1)(a)] | 600 |
| Failure to comply with notice directing vehicle not to be driven on a road [sect 52(1)(b)] | 600 |
| Failing to comply with direction or requirement concerning off-loading of heavy vehicle or securing load on heavy vehicle [sect 52(1)(c) or (d)] | 750 |
| Failing to comply with direction to stop heavy vehicle or to drive heavy vehicle to weighing device [sect 52(1)(c)] | 1,000 |
| Obstruction, etc, in relation to inspection of vehicle required to have evidence of vehicle inspection or certificate of loading [sect 53(1)] | 370 |
Offences against Land Transport Rules
These are specified in Land Transport (Offences and Penalties) Regulations 1999.
Infringement offences against Road User Charges Act 1977
| Excess weight offence | Infringement fee* $ |
|---|---|
| Where the gross weight of the vehicle, reduced by an amount equal to 5 percent of the maximum gross weight specified in the licence, exceeds the maximum gross weight specified in a distance licence, supplementary licence, or time licence by - | |
| Not more than 1,000 kg | 200 |
| More than 1,000 kg but not more than 2,000 kg | 400 |
| More than 2,000 kg but not more than 3,000 kg | 600 |
| More than 3,000 kg but not more than 4,000 kg | 1,000 |
| More than 4,000 kg but not more than 5,000 kg | 1,500 |
| More than 5,000 kg but not more than 6,000 kg | 2,000 |
| More than 6,000 kg but not more than 7,000 kg | 2,500 |
| More than 7,000 kg but not more than 8,000 kg | 3,000 |
| More than 8,000 kg but not more than 9,000 kg | 3,500* |
| More than 9,000 kg but not more than 10,000 kg | 4,000* |
| More than 10,000 kg but not more than 11,000 kg | 5,000* |
| More than 11,000 kg but not more than 12,000 kg | 6,500* |
| More than 12,000 kg but not more than 13,000 kg | 8,000* |
| More than 13,000 kg | 10,000* |
* Where the infringement offence notice is issued in respect of an offence against section 23(1)(a) of the Road User Charges Act 1977 (being an offence of operating a vehicle in excess of the maximum weight specified in a distance licence or a supplementary licence or a time licence), the infringement fee shall be $3,000 or such lesser amount as is specified in the Table.
| Distance recorder offence | Infringement fee* $ |
|---|---|
| Subject to section 23(3A) of the Road User Charges Act 1977, operating a motor vehicle, or being owner of a motor vehicle on a road, when the reading of a distance recorder exceeds the maximum reading specified in the licence carried in the vehicle at the time of the offence (being an offence against subsection (1) or subsection (2) of section 23 of the Road User Charges Act 1977) | An amount calculated at 3 times the road user charges payable for the particular vehicle type number as specified in Part 1 of Schedule 3 to the Road User Charges Act 1977. For the purposes of this calculation the road user charges shall be determined on the difference between the reading on the distance recorder and the maximum reading specified in the licence, in integral multiples of 1,000 kilometres ...* |
* Provided that where the infringement offence is issued in respect of an offence against section 23(1)(a) of the Road User Charges Act 1977 (being an offence of operating a vehicle where the reading on the distance recorder exceeds the maximum reading specified in the distance licence), the infringement fee shall not exceed $3,000.
Other transport-related infringement offences
| Provision | Brief description of offence | Infringement fee $ |
|---|---|---|
| Section 87(1)(a) Transit New Zealand Act 1989 | Using motorway contrary to requirements of Transit New Zealand Act | 250 |
| Section 5, Transport (Vehicle and Driver Registration and Licensing) Act 1986 | Using, etc, unlicensed motor vehicle or motor vehicle that does not have registration plates affixed in the prescribed manner | 200 |
| Section 17, Transport (Vehicle and Driver Registration and Licensing) Act 1986 | Unauthorised, deceptive, or obscured registration plates or unauthorised licence, etc | 200 |
| Regulations 11(1), (2), and (3), Goods Service (Constructional) Regulations 1936 | Failure to comply with any provisions of the regulations, and related offences | 280 |
| Regulation 11(1), Vehicular Traffic Road Closure Regulations 1965 | Use of closed road otherwise than in terms of permit | 280 |
| Regulation 76, Passenger Service Vehicle Construction Regulations 1978 | Failure to comply with any provisions of the regulations or any provision or restriction in certificate of loading, and related offences | 280 |
Any provision of any bylaw involving the use of vehicles, other than a provision -
|
Failure to comply with appropriate regulation | 750 (or such lesser amount as may be set by bylaws) |
Last updated: 23 March 2006