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Niue Consolidated Legislation |
NIUE LAWS
LEGISLATION AS AT DECEMBER 2006
TRANSPORT ACT 1965
1965/30 – 1 July 1965
PART 1
PRELIMINARY
1 Short title
2 –
3 Interpretation
PART 2
REGISTRATION AND ANNUAL LICENCES
4 Use of motor vehicles prohibited unless
Part 2 complied with
5 Penalty for contravention
6 Registrar and Register
7 Application for registration
8 Pneumatic tyres and right hand drive required
9 Procedure for registration
10 Issue and use of registration plates
11 Registration in force subject to cancellation
12 Registration fees
13 Duty of owner to obtain annual licence
14 Application for annual licence
15 Fees for annual licence
16 Issue of annual licence and duty to produce licence on demand
17 Cancellation of registration
18 Change of ownership
PART 3
LICENSING OF MOTOR VEHICLES
19 Unlicensed persons not to drive
20 Application for driver’s licence
20A Prohibitions relating to driving licences
21 Fees for driver’s licence
22 Procedure of licensing
23 Fees for driving test
24 Expiration and renewal of licence
25 L plates
26 Charge for registration plates
27 Driver to produce his licence on demand
PART 4
RULES OF THE ROAD
28 Vehicles to keep to the left
29 Driver of vehicle to give audible signal when overtaking
30 Overtaking involving risk prohibited
31 Right-hand turn at intersection
32 Driver of vehicle to yield the right of way
33 Unsafe vehicles
34 Dangerous riding on vehicles
35 Motor driver’s visible signals
36 Parking of motor vehicles
37 Towing of motor vehicles and leading of animals
38 Number of persons on motor cycles and power cycles and requirements as to safety helmets
38A Safety helmets for motorcyclists
PART 5
RECKLESS OR INTOXICATED DRIVERS
39 Penalties for causing death or bodily injury through reckless or negligent driving or through driving while intoxicated
40 Penalties for reckless or negligent driving or driving while intoxicated
41 Constable may take steps to prevent incapable person from driving
42 Duties of motor drivers in cases of accident
43 Arrest without warrant
44 Cancellation or suspension of licence or disqualification and endorsement of licence
45 Penalties for driving while licence cancelled or while disqualified
45A Limited licences
PART 5A
PRESCRIBED ALCOHOL AND DRUG LEVELS
45AA Driving with excessive breath-alcohol or blood-alcohol
45B Breath tests
45C Provision of specimens for evidential analysis
45D Protection for hospital patients
45E Evidence
45F Detention of persons affected by alcohol or a drug
45G Provision of specimens
45H Sentencing of offenders
PART 6
SPEED
46 Chief of Police may impose speed limits outside villages
47 Speed limits and penalties for exceeding speed limits
48 [Spent]
PART 7
EQUIPMENT
49 Lights for vehicles and motor vehicles
50 Headlamps for motor vehicles
51 Headlamps for motor cycles and power cycles
52 Dipping of lights
53 Rear lights and rear reflectors
54 Registration plate to be lit up
55 Two independent brakes
56 Brakes for heavy trailers
57 Brakes for motor cycles
58 Brakes for power cycles
59 All brakes to be properly maintained
60 Sounding devices
61 Bells and sirens prohibited
62 Rear vision mirror
63 Steering
64 Silencer
65 Windscreen protection
66 Dangerous fittings
67 Speedometer
68 Footrests for motor cycles
PART 8
MOTOR VEHICLE INSPECTION
69 Testing authority
70 Warrant of fitness on half-yearly inspection
71 [Repealed]
72 Warrant of fitness for duly equipped motor vehicles
73 Offence against Part 8
74 Fees for warrants of fitness
75 Warrant of fitness to be delivered on sale of motor vehicle
76 Inspection of motor vehicles after accidents
PART 9
TRAFFIC SIGNS
77 Traffic signs to be erected
78 Kind of traffic signs to be determined by Chief of Police
79 Maintenance of traffic signs
80 Offences against Part 9
PART 10
PUBLIC PLACES TO BE KEPT FREE FROM OBSTRUCTIONS
81 Trimming of hedges and trees on adjacent land
82 Weeding on roads
83 Keeping public places tidy and safe
PART 11
BICYCLES
84 Bicycles to comply with special requirements
85 Headlamps
86 Rear reflectors
87 Prohibited lights
88 Brakes
89 Special equipment if infant taken for a ride
90 Riding prohibited on footpaths and over cultivated land
91 Towing prohibited
92 Warning signal before right-hand turn
93 Riding in batches restricted
94 Dangerous riding
PART 12
PASSENGER SERVICES
95 No liquor on public transport
96 Speed limit for trucks carrying passengers
97 –
PART 13
MISCELLANEOUS PROVISIONS
98 Approval of equipment for a transition period and exemptions from equipment requirements
99 Compensation for conversion
100 Unlawful interference with vehicle
101 Powers of Police
102 Offences
103 General penalties
104 Act to bind the Crown
105 [Spent]
106 Application of fees and fines
107 Regulations
SCHEDULE
_________________________
To consolidate and amend various Acts relating to the control of vehicles, roads and road traffic
PART 1
PRELIMINARY
1 Short title
This is the Transport Act 1965.
2 –
3 Interpretation
In this Act –
"approved" means approved by the Chief Officer of Police;
"approved device" means a breath test device approved by the Cabinet under section 45G (5);
"bicycle" includes a tricycle driven with pedals;
"breath test" means a test for the purpose of obtaining, by means of an approved device, a measurement that the proportion of alcohol in a person’s breath exceeds the prescribed limit or that the proportion of alcohol in a person’s blood is likely to exceed the prescribed limit;
"driver" includes the rider of a motorcycle or power cycle or pedal cycle;
"drug" includes any intoxicant other than alcohol;
"fail" includes refuse;
"goods" includes animals and mail;
"heavy motor vehicle" means a motor vehicle (other than a motor car that is not used, kept, or available for the carriage of passengers for hire or reward) the gross weight of which exceeds 2,000 kilograms;
"hospital" means an institution which provides medical or surgical treatment for in-patients or out-patients;
"hours of darkness" means –
(a) the period of time between half an hour after sunset on any one day and half an hour before sunrise on the next following day;
(b) Any other time when there is insufficient daylight to render clearly visible a person or vehicle at a distance of 150 feet;
"in charge of a motor vehicle" means to be seated in the motor vehicle with the intention of driving it or outside the motor vehicle attending to the mechanics or otherwise preparing to drive it;
"left side" in relation to a vehicle means its side to the left of the driver’s seat when facing forward;
"licensing year" means the year expiring on 31 March following the issue of an annual licence under Part 2;
"motor car" means a motor vehicle other than a motor cycle or power cycle designed exclusively or principally for the carriage of persons not exceeding 7 in number inclusive of the driver;
"motor cycle" means a motor vehicle running on 2 wheels or not more than 3 wheels when fitted with a sidecar, but does not include a power cycle;
"motor vehicle" means a vehicle that is drawn or propelled by mechanical power and includes a trailer and a tractor but does not include a vehicle normally propelled by mechanical power while it is being temporarily towed without the use of its own power;
"operate" means use or drive or ride or cause or permit to be driven or ridden or permit to be in any public place whether the person operating is present in person or not;
"owner" includes a bailee to whom a motor vehicle is bailed for any period exceeding 14 days and also includes a person in possession of a motor vehicle pursuant to a bill of sale; and where there are more owners of a motor vehicle than one, every such owner shall be deemed to be an owner for the purposes of this Act;
"passenger service vehicle" means a motor vehicle used for the carriage of passengers for hire or reward;
"power cycle" means a pedal bicycle or tricycle that for alternative propulsion is fitted with a motor attachment (whether detachable or not);
"prescribed limit" means as the case may require –
(a) 35 micrograms of alcohol in 100 millilitres of breath; or
(b) 80 milligrams of alcohol in 100 millilitres of blood;
"Registrar" means a Registrar of Motor Vehicles appointed under this Act;
"registration plate" means a registration plate for a motor vehicle issued under Parts 2 and 3;
"right of way" means the right of precedence in continuing on a course;
"right side" in relation to a vehicle means its side to the right of the driver’s seat when facing forward;
"taxicab" means a motor vehicle which –
(a) Is designed exclusively or principally for the carriage of persons not exceeding 8 in number inclusive of the driver; and
(b) Is used for hire or reward for the carriage of passengers otherwise than on defined routes; and
(c) Is available for hire to any member of the public;
"tractor" means a motor vehicle that is designed exclusively for the purposes of traction and not for the carriage of passengers (other than the driver) or of goods;
"trade motor" means any motor vehicle other than a motorcar, motor cycle, power cycle or trailer;
"trailer" means a vehicle without motive power that is drawn or propelled or is capable of being drawn or propelled by a motor vehicle from which it is readily detachable, but does not include a side car attached to a motor cycle;
"use" in relation to a vehicle includes driving, drawing or propelling by means of another vehicle and permitting to be in any public place;
"vehicle" means a contrivance that is equipped with wheels or revolving runners upon which it moves or is moved.
PART 2
REGISTRATION AND ANNUAL LICENCES
4 Use of motor vehicles prohibited unless Part 2 complied with
Except as specially provided in this Act, no person shall in any licensing year knowingly use any motor vehicle in any public place, or permit any motor vehicle to be so used unless –
(a) The motor vehicle is registered under this Act;
(b) A licence to use the motor vehicle for that licensing year has been issued;
(c) Registration plates for the motor vehicle have been issued and are affixed to it in the manner prescribed in this Act.
5 Penalty for contravention
(1) Every person who knowingly uses or permits to be used a motor vehicle in any public place without having it registered and licensed as required by this Act or, having it so registered and licensed, without having registration plates bearing the assigned registration number, duly affixed to it and every person who wilfully or negligently defaces any registration plate so affixed commits an offence and shall be liable on conviction to a fine not exceeding 1 penalty unit.
(2) The fact that any motor vehicle is used in any public place without having registration plates affixed to it in the prescribed manner shall be sufficient evidence until the contrary is proved, that the motor vehicle has not been registered and licensed under this Act.
6 Registrar and Register
(1) There shall be appointed a Registrar of Motor Vehicles for the purposes of this Act.
(2) The Registrar shall compile and keep up to date at his office a register of all motor vehicles registered and of all registration plates and licences issued and also of the fees received in respect of it.
7 Application for registration
Application for the registration of any motor vehicle shall be made in the form numbered 1 in the Schedule or to the effect of it.
8 Pneumatic tyres and right hand drive required
Except with the written permission of Cabinet, no motor vehicle shall be registered under this Act unless all the wheels of it are fitted with pneumatic tyres and, where applicable, the motor vehicle has a right hand drive.
9 Procedure for registration
(1) On receipt of an application for registration of any motor vehicle under this Act the Registrar, if satisfied that the application is in order, shall assign a number to the motor vehicle to be shown on the motor vehicle, and shall issue to the applicant a certificate of registration of the motor vehicle in the form numbered 2 in the Schedule.
(2) The certificate of registration shall in the case of a trade motor specify the number of persons excluding the driver which the trade motor may lawfully carry at any one time, and shall also specify the maximum weight of goods or passengers or both which the trade motor may lawfully carry at any one time.
(3) No person shall drive a trade motor which is carrying at any one time a greater number of persons or a weight exceeding the maximum weight of goods or passengers or both specified in the certificate of registration under subsection (2).
10 Issue and use of registration plates
(1) On completion of the registration and on the issue of an annual licence as hereinafter provided, the Registrar shall supply to the owner of the motor vehicle appropriate registration plates on which every letter and figure shall be not less than 3 inches in height.
(2) Subject to subsection (1) all registration plates shall be of approved designs, colours, and distinguishing marks.
(3)
(a) The number assigned to the motor vehicle by the registration shall be shown on 2 registration plates so supplied which shall be affixed one on the front and the other on the back of the motor vehicle in an upright position so that every letter and figure on the plate is upright and easily distinguishable.
(b) In the case of a power cycle or a trailer only one registration plate shall be affixed to the back of that motor vehicle in the manner hereinbefore described.
11 Registration in force subject to cancellation
Save as provided in this Act with respect to the cancellation of registration in special cases, the registration of any motor vehicle shall continue in force without renewal.
12 Registration fees
(1) There shall be payable for the registration of any motor vehicle such fees as Cabinet may prescribe by regulation.
(2)
(a) Every application for the registration of a motor vehicle shall be accompanied by the amount of the appropriate fee.
(b) No fee shall be payable for the registration of any motor vehicle owned by the Government.
13 Duty of owner to obtain annual licence
(1) Save with respect to motor vehicles owned by the Government every owner of a motor vehicle shall obtain annually from the Registrar a licence to use the motor vehicle.
(2) Every such licence shall expire on 31 March following the issue of it and application for renewal of any licence so expiring shall be made on or before the date of expiration.
(3) No annual licence shall be issued in respect of any motor vehicle which has not been duly registered under this Act.
14 Application for annual licence
Subject to section 16(1), application for a licence shall be made in the form numbered 3 in the Schedule and the first such application shall be made together with the application for registration.
15 Fees for annual licence
(1)
(a) There shall be payable for the issue of every annual licence for any motor vehicle such fees as Cabinet may prescribe by regulation.
(b) In the case of a licence issued for a period less than a year the prescribed licence fee shall be reduced by one-twelfth for every complete month by which that period is less than one year.
(2) Every application for an annual licence shall be accompanied by the amount of the appropriate fee.
16 Issue of annual licence and duty to produce licence on demand
(1)
(a) The Registrar shall thereupon issue in the form numbered 4 in the Schedule a licence to use the motor vehicle.
(b) With respect to the renewal of any annual licence the Registrar may accept and issue applications and licences in a simplified form approved by Cabinet.
(2) While any such licence is in force and registration plates are affixed as prescribed the motor vehicle may be used in any public place on Niue during the licensing year for which the licence was issued.
(3) Every person operating any motor vehicle shall produce the annual licence for inspection whenever required so to do by any constable.
17 Cancellation of registration
(1) If any registered motor vehicle is destroyed or becomes permanently useless as a motor vehicle or is intended to be removed from Niue the owner shall forthwith give to the Registrar notice of that destruction, condition or removal, as the case may be, and shall deliver to the Registrar the certificate of registration and the licence issued for the then current licensing year and, if practicable, the registration plates issued and the Registrar shall thereupon cancel the registration of the motor vehicle and the annual licence.
(2) On the cancellation of registration and licence as aforesaid Cabinet may cause to be refunded by the Treasurer of Niue to the owner such sum as it thinks proper not exceeding one-twelfth part of the annual licence fee for every complete month between the date of cancellation of the licence and the end of the period for which the licence fee was paid.
(3) When the registration of a motor vehicle is cancelled the Registrar may assign to any other motor vehicle thereafter registered the number of the motor vehicle the registration whereof has been cancelled, if the registration plates assigned to that vehicle have been delivered or the Registrar is satisfied that no confusion is likely to arise from the assignment of the same number.
18 Change of ownership
(1) Within 7 days after the sale or other disposal of a motor vehicle the person selling it or otherwise disposing of it shall deliver to the Registrar the certificate of registration and the licence issued for the then current licensing year in respect of that motor vehicle and the Registrar shall endorse on the certificate and licence a memorandum of the change of ownership, and shall on the payment of a fee of $10 issue the endorsed certificate and licence to the new owner.
(2) No person who becomes the owner of any motor vehicle under any sale or other disposal as aforesaid shall use or permit to use the motor vehicle in any public place unless and until he has received the endorsed certificate and licence.
PART 3
LICENSING OF MOTOR DRIVERS
19 Unlicensed persons not to drive
(1) Except as otherwise provided in this section it shall not be lawful for any person to drive a motor vehicle in any public place unless he is the holder of a motor driver’s licence issued under this Part and for the time being in force and no person shall employ any other person so as to drive a motor vehicle unless the person so employed is the holder of a driver’s licence as aforesaid.
(2) Any person who acts in contravention of this section commits an offence and shall be liable on conviction to a fine not exceeding 1 penalty unit.
(3) Subject to subsection (4), where any person (in this section called "the learner") is driving a motor vehicle and is accompanied by a person seated alongside him who is teaching the learner to drive and who is the holder of a driver’s licence for the time being in force which authorises him to drive a motor vehicle of that class in a public place, the learner and any person permitting the learner to drive the motor vehicle shall be deemed not to be acting in contravention of subsection (1).
(4) Nothing in subsection (3) applies in any case where –
(a) The learner has not attained the age that qualifies him to obtain a driver’s licence to drive the motor vehicle that he is driving; or
(b) The learner is subject to an order that disqualifies him from holding or obtaining a driver’s licence.
20 Application for driver’s licence
Subject to section 22(2) application for a motor driver’s licence shall be made in the form numbered 5 in Schedule 1 or to the effect thereof and every such application shall clearly state the class or classes of motor vehicles in respect of which the licence is applied for.
20A Prohibitions relating to drivers’ licences
(1) No person who is under the age of 14 years shall apply for or obtain a driver’s licence, and any licence that is so obtained by any such person shall be of no effect.
(2) No person who is under the age of 18 years shall apply for or obtain a licence to drive a heavy motor vehicle, and any such licence that is so obtained shall be of no effect.
(3) No person who is under the age of 20 years shall apply for or obtain a licence to drive a passenger service vehicle, and any such licence that is so obtained shall be of no effect.
(4) An application for a licence to drive a passenger service vehicle must be accompanied by a medical certificate certifying the applicant medically fit to drive.
21 Fees for driver’s licence
There shall be payable for the issue of a driver’s licence such fees as Cabinet may prescribe by regulation and every application for a licence shall be accompanied by the amount of the appropriate fee.
22 Procedure of licensing
(1) On receipt of an application as aforesaid the Registrar shall issue a driver’s licence to any applicant who satisfies him –
(a) That the applicant is over the age of 14 years; and
(b) That by practical test and oral examination or by other satisfactory evidence of fitness, the applicant is competent to drive the class or classes of motor vehicles in respect of which the licence is applied for; and
(c) That, where the applicant is 65 or more years of age or where the Registrar considers it advisable, the applicant shall have obtained a certificate of physical fitness from a Medical Officer;
(d) Cabinet may exempt any person or class of persons generally or otherwise from the requirements of this section.
(2)
(a) Every driver’s licence shall be issued in the form numbered 6 in the Schedule.
(b) With respect to the renewal of any driver’s licence the Registrar may accept and issue applications and licences in a simplified form approved by Cabinet.
23 Fees for driving test
Where any applicant is required under this Part to undergo any practical driving test there shall be payable to the Department by which the test is carried out a testing fee of such sum as Cabinet may prescribe by regulation and such testing fee shall be payable whether or not a driver’s licence is issued to the applicant.
24 Expiration and renewal of licence
(1) If not earlier cancelled or suspended as provided in this Act every driver’s licence shall expire on 31 March following the date of issue and application for renewal of any licence so expiring shall be made on or before the date of expiration.
(2) Any motor driver’s licence may be cancelled at any time by the Registrar upon receipt of a certificate from a Medical Officer that the holder is no longer physically fit to drive a motor vehicle of the class or classes for which he had obtained a driver’s licence.
25 L plates
Every driver of a motor cycle issued with a driver’s licence for the first time shall for 3 months or longer if the examining officer thinks necessary, display on his motor cycle an L plate (Learner’s registration plate) to be supplied by the Registrar, and during this time he shall carry no passengers on his motor cycle.
26 Charge for registration plates
Except with respect to registration plates issued to the Government, a charge sufficient to cover the cost of any plates issued by the Registrar may be made on their issue.
27 Driver to produce his licence on demand
Every person driving any motor vehicle shall have his driver’s licence with him and shall produce the same for inspection whenever required so to do by any constable.
PART 4
RULES OF THE ROAD
28 Vehicles to keep to the left
Every driver of a vehicle shall keep the vehicle as close as is practicable to the side of the roadway on his left.
29 Driver of vehicle to give audible signal when overtaking
Every driver of a vehicle shall, when overtaking any other vehicle, signal by use of the horn or other sounding device and then pass on his right or off side of the overtaken vehicle, and shall not then move into the line of passage of the other vehicle until clear from it by at least 18 feet.
30 Overtaking involving risk prohibited
No driver of any vehicle shall overtake or attempt to overtake any other vehicle proceeding in the same direction –
(a) At any intersection, or within a distance of 100 feet before an intersection;
(b) Unless the driver has a clear view of the road and traffic on it for a distance of at least 300 feet in the direction in which he is travelling.
31 Right-hand turn at intersection
Every driver of a vehicle intending to turn at an intersection from any roadway into another roadway to his right, shall when approaching and turning, maintain his position to his left of the centre of the roadway out of which he is turning until he enters the area of the intersection, and shall then turn into the roadway which he is entering as directly and quickly as he can with safety.
32 Driver of vehicle to yield the right of way to vehicle on his right
Every driver of a vehicle, when approaching or crossing any intersection which any other vehicle is approaching or crossing from his right shall, where there would be a possibility of a collision if both continued on their course, yield the right of way to such other vehicle and allow the same to pass him, and if necessary for that purpose stop his vehicle.
33 Unsafe vehicles
No person shall operate any vehicle in such conditions or so loaded or with a load so unsafely secured as to cause, or to be liable to cause, injury to any person or animal, or annoyance (by reason of noise or other cause) to any person, or damage to any property.
34 Dangerous riding on vehicles
No person shall ride, and the driver shall not permit any person to ride, on any vehicle in a manner or position which may be liable to cause injury to that person or any other person.
35 Motor driver’s visible signals
Every driver of a motor vehicle, whenever in view of other traffic and unless prevented by a sudden emergency, shall, before manoeuvring the vehicle in manner hereinafter described, give reasonable notice of his intention so to do as here provided –
(a) If he is about to stop or reduce speed –
(i) he shall extend the right arm directly outwards from the right or off side of the motor vehicle with the upper arm horizontal and the forearm vertical; or
(ii) if the vehicle is equipped with approved automatic signalling devices at the rear of the vehicle he may indicate his intention by means of such devices;
(b) If he is about to turn to his right or about to draw out from the roadside towards his right, or about to overtake a vehicle travelling in the same direction –
(i) he shall extend the right arm horizontally outwards from the right or off side of the vehicle;
(ii) if the vehicle is equipped with approved automatic signalling devices capable of giving a signal closely corresponding to the signal described in subparagraph (i) he may indicate his intention by means of such devices.
36 Parking of motor vehicles
No person shall leave or park any motor vehicle upon any public place unless the motor vehicle is so located or during the hours of darkness so lighted that it is not a danger or a nuisance to any person or vehicle in the public place.
37 Towing of motor vehicles and leading of animals
(1) No person shall operate any power cycle or any motor cycle (other than one to which a side car is attached) for the purpose of towing any trailer.
(2) No person shall operate any motor vehicle for the purpose of towing any other motor vehicle (except a trailer) unless such other motor vehicle is not in working order and is being temporarily towed without the use of its own power for the purpose of being repaired.
(3) No person shall lead or permit to be led any animal by or from any motor vehicle.
38 Number of persons on motor cycles and power cycles and requirements as to safety helmets
(1) No person shall drive a motor cycle in a public place –
(a) Carrying any person upon the motor cycle in front of the driver; or
(b) Without a side car carrying more than 2 persons inclusive of the driver, or carrying any person seated otherwise than astride and facing forward;
(c) With a side car carrying more than 4 persons in all.
(2) No person shall drive a power cycle in a public place while it is carrying any person other than the driver.
38A Safety helmets for motorcyclists
(1) No person shall drive or be a passenger on a motor cycle unless that person is wearing an approved safety helmet of a type which has been approved under subsection (2), and which is securely fastened.
(2)
(a) For the purposes of this section, "approved safety helmet" means a safety helmet for the time being approved by a competent authority in New Zealand, Australia, Japan or the United States of America.
(b) A helmet which bears the approval mark of such an authority shall in the absence of evidence to the contrary be deemed to be an approved safety helmet.
PART 5
RECKLESS OR INTOXICATED DRIVERS
39 Penalties for causing death or bodily injury through reckless or negligent driving or through driving while intoxicated
(1) Every person commits an offence against this Act who, without being guilty of the crime of manslaughter as defined in Part 5 of the Niue Act 1966 –
(a) Recklessly or negligently drives any motor vehicle and thereby causes bodily injury to or the death of any person; or
(b) While under the influence of drink or a drug to such an extent as to be incapable of having proper control of the motor vehicle, is in charge of a motor vehicle and by an act or omission in relation to it causes bodily injury to or the death of any person.
(2) Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 5 years or to a fine not exceeding 15 penalty units or to both, and (without prejudice to the power of the Court to order a longer period of disqualification) the Court shall order him to be disqualified from holding or obtaining a driver’s licence for a period of one year, unless the Court for special reasons relating to the offence thinks fit to order otherwise.
40 Penalties for reckless or negligent driving or driving while intoxicated
(1) Every person commits an offence who –
(a) Recklessly or negligently drives a motor vehicle in any public place; or
(b) Drives any motor vehicle at a speed which, having regard to all the circumstances of the case, is or might be dangerous to the public;
(c) [Repealed by 1997/221]
(d) Drives a vehicle in a manner which having regard to all the circumstances of the case is or might be dangerous to the public or any person.
(2)
(a) A person who, when driving or attempting to drive a motor vehicle on a road or other public place, is unfit to drive through drink or drugs, shall be guilty of an offence.
(b) Without prejudice to paragraph (a), a person who, when in charge of a motor vehicle which is on a road or other public place is unfit to drive through drink or drugs, shall be guilty of an offence.
(c) For the purposes of paragraph (b), a person shall be deemed not to have been in charge of a motor vehicle if he proves that, at the material time, the circumstances were such that there was no likelihood of his driving that vehicle so long as he remained unfit to drive through drink or drugs, but in determining whether there was such a likelihood the court may disregard any injury to him and any damage to the vehicle.
(d) For the purposes of this subsection a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired.
(e) A constable may arrest a person without warrant if he has reasonable cause to suspect that that person is or has been committing an offence under this subsection.
(f) For the purpose of arresting a person under the power conferred by paragraph (e) a constable may enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be.
(3) Every person commits an offence against this Act and shall be liable on conviction to a fine not exceeding 5 penalty units and the Court may order him to be disqualified from holding or obtaining a driver’s licence for a period not exceeding 3 months who drives a motor vehicle in any public place or without reasonable consideration for other persons using that public place.
41 Constable may take steps to prevent incapable person from driving
(1) Any constable who believes that any person while for the time being in charge of any motor vehicle is, by reason of physical or mental condition, however arising, incapable of having proper control of the motor vehicle, may –
(a) Forbid that person to drive the motor vehicle;
(b) Require that person to deliver up forthwith all ignition or other keys of the motor vehicle in his possession;
(c) Take such steps as may be necessary to render the motor vehicle immobile or to remove it to a place of safety.
(2) Every person commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding 5 penalty units and further, disqualified from holding or obtaining a driver’s licence for up to 3 months who fails to comply with any direction given to him under subsection (1) or does any act that is for the time being forbidden under that subsection.
(3) No person shall be deemed to have committed an offence under this section unless the Court is satisfied that the constable had reasonable grounds for believing that in all the circumstances of the case the direction or prohibition was necessary in the interests of the defendant or of any other person or of the public.
42 Duties of motor drivers in cases of accident
(1) Where an accident arising directly or indirectly from the use of a motor vehicle occurs to any person or to any animal or vehicle in charge of any person, the driver of the motor vehicle shall stop and ascertain whether he has injured any person and in that event it shall be his duty to render all practicable assistance to the injured person.
(2)
(a) In the case of any such accident (whether any person has been injured or not) the driver of the motor vehicle shall, if required, give to any constable or to any person concerned his name and address and also the name and address of the owner of the motor vehicle and, if any, the numbers to be shown on the registration plates and the annual licence of the vehicle.
(b) If the accident involves injury to any person the driver shall report the accident in person at the nearest Police Station or to any constable as soon as reasonably practicable, and in any case not later than 24 hours after the accident unless the driver is incapable of doing so by reason of injuries sustained by him as a result of the accident.
(3) Every driver who fails to comply with any duty imposed on him by subsection (1) in any case where any other person is injured in the accident commits an offence and shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding 5 penalty units and the Court may order him to be disqualified from holding or obtaining a driver’s licence for a period not exceeding 3 months.
(4) Every driver who fails to comply with any duty imposed on him by subsection (1) in any case where no other person is injured in the accident commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding 5 penalty units.
(5) Every person who fails to comply with any duty imposed on him by subsection (2) commits an offence.
(6) In this section "injury" includes death.
43 Arrest without warrant
(1) Any constable who, on reasonable and probable grounds believes that any person has committed or attempted to commit an offence against section 41 or 42(1) or that any person, while under the influence of drink or a drug to such an extent as to be incapable of having proper control of a motor vehicle, has committed an offence against section 39 or 40(1) or (2) may arrest that person without warrant.
(2) Every driver of a motor vehicle shall stop at the request or signal of any constable in uniform, and on demand shall give him his name and address, and, if he is not the owner of the motor vehicle, also the name and address of the owner.
(3) Any driver who on demand fails to stop, or refuses to give any such name and address, commits an offence and may be arrested by any constable without warrant.
44 Cancellation or suspension of licence or disqualification and endorsement of licence
(1) The court before which any person is convicted of an offence against Part 4, 5 or 6 or of any offence in connection with the driving of a motor vehicle (other than a first or second offence consisting solely of exceeding any speed limit) may, in addition to or in lieu of any other penalty inflicted –
(a) If the person convicted holds a motor driver’s licence, order that the licence of such person be cancelled or suspended for such time as the court thinks fit and may also declare that a person whose licence is so cancelled shall be disqualified from obtaining a motor driver’s licence for such time as the court thinks fit;
(b) If the person convicted does not hold a motor driver’s licence, declare him to be disqualified from obtaining any motor driver’s licence or a motor driver’s licence for specified classes of motor vehicles for such time as the court thinks fit.
(2) On any conviction involving cancellation or suspension of a motor driver’s licence or disqualification of the driver under this section the court shall cause particulars of the conviction and any order of the court made in connection with it to be endorsed on the driver’s licence.
45 Penalties for driving while licence cancelled or while disqualified
Where any person whose motor driver’s licence is cancelled under this Act or who is disqualified from obtaining a driver’s licence, drives a motor vehicle in any public place while his licence is so cancelled or while he is so disqualified, he commits an offence and shall be liable on conviction to a fine not exceeding 5 penalty units and (without prejudice to the power of the court to order a longer period of disqualification) the court shall order him to be disqualified from holding or obtaining a driver’s licence for a period of one year, unless the court for special reasons relating to the offence thinks fit to order otherwise.
45A Limited licences
(1) Except as provided in subsection (1A) this section applies in respect of any person who is disqualified by an order made under this Act from holding or obtaining a driver’s licence.
(1A) Nothing in this section shall apply to any person who is disqualified from holding or obtaining a driver’s licence as a result of a conviction for an offence –
(a) Against section 39; or
(b) Committed while driving a passenger service vehicle or a heavy motor vehicle.
(2) Subject to this section, on the making of the order of disqualification or at any time thereafter, the court, on the application of the person in respect of whom the order was made, may, if it is satisfied that the order of disqualification has resulted or will result in extreme hardship to the applicant (whether in relation to employment or otherwise) or undue hardship to a person other than the applicant (whether in relation to employment or otherwise), make an order under this section authorising him to obtain, immediately or after the expiration of such period as the Court may specify, a driver’s licence (in this Part referred to as a limited licence) authorising him to drive to such extent (being the least extent that is necessary to alleviate that hardship) as the court specifies in the order.
(2A) Unless the court decides in any particular case that compliance with this subsection is impracticable, no order may be made under this section until every person who has made an affidavit filed in support of the application for the order has appeared before the court for examination on the contents of this affidavit.
(3) In making an order under this section, the court shall specify in the order the purpose for which the limited licence is issued, the particular vehicle or the type of vehicle which may be driven, the days of the week and times at which that vehicle may be driven, and such other matters as may be necessary to limit the order to alleviating the hardship which was alleged and proved and may specify in the order such other matters as the court thinks fit.
(4) If any application under this section is refused, a further application in respect of the same order shall not be entertained if made within 3 months after the date of that refusal.
(5) If the court makes an order under this section the constable may, notwithstanding anything in this Act to the contrary but otherwise subject to this Act, issue to the person entitled to it a limited licence under the terms of the order.
(6) Where at the time when the Court makes an order under this section the applicant is the holder of a driver’s licence which is suspended by virtue of the order of disqualification and the period of disqualification will expire before the expiration of the term of the licence, the constable may, instead of issuing a limited licence, endorse the particulars of the order granting the limited licence on his existing licence, which shall thereafter have effect as a limited licence.
(7) Where the holder of a limited licence or any person who is authorised to obtain a limited licence but has not become the holder of such a licence is convicted of any offence, for which an order of disqualification is imposed, the limited licence shall be deemed to be revoked or shall not be issued, as the case may be, and the original order of disqualification shall revive and have effect for the balance of the term for which it was originally imposed; and, unless the court orders otherwise, the period of disqualification under the revived order of disqualification shall run concurrently with the order of disqualification in respect of the second offence.
(8) The holder of a limited licence that is deemed to be revoked under subsection (7) shall forthwith, and whether demand is made on him or not, surrender his licence to the court by which he is convicted or to a member of the Police.
PART 5A
ALCOHOL AND DRUG LEVELS
45AA Driving with excessive breath-alcohol or blood-alcohol
(1) If a person –
(a) Drives or attempts to drive a motor vehicle on a road or other public place; or
(b) Is in charge of a motor vehicle on a road or other public place, after consuming so much alcohol that the proportion of it in his breath, or blood exceeds the prescribed limit he shall be guilty of an offence.
(2) It is a defence for a person charged with an offence under subsection (1)(b) to prove that, at the time he is alleged to have committed the offence, the circumstances were such that there was no likelihood of his driving a vehicle whilst the proportion of alcohol in his breath or blood remained likely to exceed the prescribed limit; but in determining whether there was such a likelihood the Court may disregard any injury to him and any damage to the vehicle.
45B Breath tests
(1) Where a constable has reasonable cause to suspect –
(a) That a person is driving or attempting to drive or is in charge of a motor vehicle on a road or other public place; or
(b) That a person has been driving or attempting to drive or has been in charge of a motor vehicle on a road or other public place, then that constable may, subject to section 45D, require that person to provide a specimen of breath for a breath test.
(2) A person who, without reasonable excuse, fails to provide a specimen of breath for a breath test when required to so under this section, shall be guilty of an offence.
(3) A constable may arrest a person without warrant if –
(a) As a result of a breath test he has reasonable cause to suspect that the proportion of alcohol in that person’s breath or blood exceeds the prescribed limit; or
(b) That person failed to provide a specimen of breath for a breath test when required to so under this section; but a person shall not be arrested by virtue of this subsection when he is at a hospital as a patient.
(4) For the purpose of requiring a person to provide a specimen of breath for a breath test in a case where he has reasonable cause to suspect that the person has been involved in an accident involving injury to another person, or of arresting him in such a case under subsection (3), a constable may enter, if need be by force, any place where that person is or where the constable, with reasonable cause, suspects him to be.
45C Provision of specimens for evidential analysis
(1) In the course of an investigation whether a person has committed an offence under section 40(2) or 45 AA a constable may, subject to this section and section 45D, require that person:
(a) To provide a specimen of breath for analysis by means of an approved device; or
(b) To provide a specimen of blood for laboratory analysis.
(2) If a specimen of blood is required by a constable the person shall permit a registered medical practitioner to take such a specimen of blood unless the medical practitioner is of the opinion that for medical reasons a specimen of blood cannot or should not be taken.
(3) A person who, without reasonable excuse, fails to provide a specimen when required to do so under this section shall be guilty of an offence.
(4) On requiring any person to provide a specimen under this section, a police officer shall warn him that a failure to provide that specimen may render him liable to prosecution.
45D Protection for hospital patients
(1) While a person is at a hospital as a patient he shall not be required to provide a specimen of breath for a breath test or to provide a specimen of blood for laboratory analysis unless the medical practitioner in immediate charge of his case has been notified of the proposal to make the requirement, and
(a) If the requirement is then made it shall be for the provision of a specimen at the hospital; but
(b) If the medical practitioner objects on the ground specified in subsection (2) then the requirement shall not be made.
(2) The ground on which the medical practitioner may object is that the requirement of the provision of a specimen would be prejudicial to the proper care and treatment of the patient.
45E Evidence
(1) The following provisions apply with respect to proceedings for an offence under section 40(2) or 45AA.
(2) Evidence of the proportion of alcohol or any drug in the specimen of breath or blood provided by the accused shall, in all cases, be taken into account and it shall be assumed that the proportion of alcohol or drugs in the accused’s breath or blood at the time of the alleged offence was not less than the specimen; but if the proceedings are for an offence under section 40(2), 45AA or 45B in a case where the accused is alleged to have been unfit through drink, the assumption shall not be made if the accused proves –
(a) That he consumed alcohol after he had ceased to drive, or attempted to drive or to be in charge of a motor vehicle on a road or other public place and before he provided the specimen; and
(b) That had he not done so the proportion of alcohol in his breath or blood would not have exceeded the prescribed limit, or if the proceedings are for an offence under section 40(2), would not have been such as to impair his ability to drive properly.
(3) It shall be presumed that the result of the analysis of the breath or blood specimen is correct, unless the contrary is proven.
(4) Where the proportion of alcohol in a specimen of breath or blood provided by the accused is found to contain less than the prescribed limit, or to be such as would not render that person unfit to drive, it shall be open to the prosecutor to prove that, when that person was driving or attempting to drive or was in charge of a motor vehicle, the concentration of alcohol in his breath or blood would at that time have been above the prescribed limit, or would at that time have been at such a concentration as to have rendered that person unfit to drive.
(5) Evidence of the proportion of alcohol or a drug in the person’s blood may, subject to subsections (7) and (8), be given by whichever of the following is appropriate, that is to say:
(a) A statement automatically produced by the approved device by which the proportion of alcohol in the person’s breath was measured, and a certificate signed by a constable (which may but need not be contained in the same document as the statement) that the statement relates to a specimen of breath provided by the accused at the date and time shown in the statement; or
(b) Oral evidence from the operator of the approved device by which the proportion of alcohol in that person’s breath was measured as to the breath alcohol concentration reading given by the device, together with the evidence that the device was a reliable device for the purposes of this Act; or
(c) A certificate signed by a suitably qualified analyst as to the proportion of alcohol or any drug found in a specimen of blood provided by the accused and as identified in the certificate.
(6) Where, at the time a specimen of blood was provided by the accused, he asked to be supplied with such a specimen, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf to the prosecution unless –
(a) The specimen in which the alcohol or drug was found is one of two parts into which the specimen provided by the accused was divided at the time it was provided; and
(b) The other part was supplied to the accused.
(7) A document purporting to be such a statement or such a certificate, or both such a statement and such a certificate, as is mentioned in subsection (5)(a) is admissible in evidence on behalf of the prosecution in pursuance of this section only if a copy of it has either, been handed to the accused when the document was produced, or has been served on him not later than 14 days before the hearing, and any other document is so admissible only if a copy of it has been served on the accused not later than 7 days before the hearing.
(8) A copy of the document as defined in subsection (5)(a) or subsection (5)(c) must be served personally on the defendant or sent by registered post or recorded delivery service on him.
45F Detention of persons affected by alcohol or a drug
A person required to provide a specimen of breath or blood may be detained at a police station until it appears to a constable that, were that person then driving or attempting to drive a motor vehicle on a road he would not be committing an offence under section 40(2) or 45AA; but
(a) A person shall not be detained under this section if it appears to a constable that there is no likelihood of his driving or attempting to drive a motor vehicle whilst his ability to drive properly is impaired or whilst the proportion of alcohol in his breath or blood exceeds the prescribed limit; and
(b) A constable shall consult a medical practitioner on any question arising under this section whether a person’s ability to drive properly is or might be impaired through drugs and shall act on the medical practitioner’s advice.
45G Provision of specimens
(1) A person does not provide a specimen of breath for a breath test or for analysis to be carried out and provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.
(2) A person provides a specimen of blood if and only if he consents to it being taken by a suitably qualified person and it is so taken in such quantity and of such quality as is capable of being properly analysed for the purposes of this Act.
(3) A "reasonable excuse" for a person’s failure to provide a specimen is only one which would make it physically impossible for that person to supply the required specimen, or where the provision of that specimen would entail an actual and substantial risk to that person’s health.
(4) Where the result or results from the approved device, as is used for the purposes of section 45C(1) (a), is or are given in terms of the blood alcohol concentration then it shall be assumed, in all cases, that the concentration of alcohol in a person’s breath is a factor of 2300 times less than in his arterial blood.
(5) Cabinet approves the following breath test devices –
(a) All breath test devices approved for use by law enforcement agencies in New Zealand;
(b) All breath test devices manufactured by Lion Laboratories in Wales and specifically the Lion alcolmeter SD-400P device.
45H Sentencing of offenders
(1) Everyone who commits an offence under section 40(2) or this Part is liable on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding 10 penalty units or both, and the Court may in addition order him to be disqualified for holding or obtaining a driver’s licence for such period as the Court considers appropriate.
(2) In addition to the penalties specified in subsection (1) the Court may also upon conviction impose the sentence of community work.
PART 6
SPEED
46 Chief of Police may impose speed limits outside villages
The Chief of Police may by notice published as he thinks fit, declare any area outside the boundaries of any village to be subject to speed limits for the purposes of this Part.
47 Speed limits and penalties for exceeding speed limits
(1)
(a) Every person commits an offence who –
(i) drives any motor vehicle in any public place within the boundaries of any village or of any other area where speed limits are imposed, at a greater speed than 25 miles per hour;
(ii) drives a motor vehicle (except a truck) in any public place other than aforesaid at a greater speed than 35 miles per hour, and a truck at a greater speed than 30 miles per hour;
(iii) drives a motor vehicle in any public place at a greater speed than 15 miles per hour when within 50 yards of the entrance to any school, church, meeting house or place of entertainment at a time when people are assembling or leaving.
(b) Nothing in this section shall operate to make lawful in respect of any place for which a lower speed limit than that fixed by this section, is duly fixed by this Act or any other enactment for the time being in force, any speed in excess of that lower limit.
(2) The boundaries of any village shall for the purpose of this section be the boundaries defined by any enactment for the time being in force or, where no such enactment is in force or does not apply, by Cabinet and shall be clearly marked by suitable signs.
(3) Every person who commits an offence against this section shall be liable on conviction to a fine not exceeding 1 penalty unit.
(4) It shall be a defence to any person charged with an offence against this section if he was driving a motor vehicle for the purpose of or in connection with –
(a) The execution of his duties as a constable; or
(b) The necessary attendance at fires; or
(c) First aid or other urgent services rendered on behalf of a sick or injured person.
48 [Repealed by 3/24/1976]
PART 7
EQUIPMENT
49 Light for vehicles and motor vehicles
No person shall operate any vehicle during the hours of darkness without carrying a conspicuous light on the vehicle in such a manner that the light shall be distinctly visible to persons meeting or following the vehicle.
50 Headlamps for motor vehicles
No person shall operate a motor vehicle (other than a motor cycle, power cycle, or trailer) unless it is equipped with two headlamps attached to it, which shall –
(a) Be of approximately equal candle power; and
(b) Display beams of light of sufficient power to enable substantial objects and the nature of the road surface to be clearly visible during the hours of darkness under normal driving and atmospheric conditions to a driver of normal vision at a distance of at least 150 feet directly in front of the vehicle.
51 Headlamps for motor cycles and power cycles
(1)
(a) No person shall operate any motor cycle or power cycle unless it is equipped with one headlamp attached to it which shall conform to the requirements of section 50 (b).
(b) The minimum distance specified in section 50(b) shall be only 100 feet for power cycles.
(2) No person shall operate any motor cycle having a side car attached unless the side car is also equipped with a lamp directing a beam of light forward and being attached to the front of the side car on the side of it farther from the motor cycle.
52 Dipping of lights
While meeting and passing another vehicle the driver of any motor vehicle shall dip his headlights.
53 Rear lights and rear reflectors
(1) No person shall operate a motor vehicle unless it is equipped with at least one rear lamp attached to the rear of the motor vehicle and showing a red light visible not less than 300 feet to the rearward.
(2)
(a) No person shall operate a motor vehicle (other than a motor cycle or a power cycle) unless it is equipped with 2 red rear reflectors placed at the back of the motor vehicle so as to reflect directly to the rear any light shining towards it from rearward of the vehicle.
(b) Such reflectors shall consist of an approved material and shall be fitted so that they are displayed in a position within 6 inches of the rear extremity at each side of the motor vehicle.
(3) No person shall operate a motor cycle or power cycle unless it is equipped with one red rear reflector conforming to subsection (2).
54 Registration plate to be lit up
The registration plate affixed to the rear of every motor vehicle shall be illuminated by a beam of white light either from the rear light or, where there are 2 rear lights fitted at each side of the motor vehicle from a separate light, and in every case so arranged that every letter and numeral on the registration plate is plainly distinguishable under normal atmospheric conditions from a distance of at least 60 feet.
55 Two independent brakes
No person shall operate a motor vehicle (other than a motor cycle, power cycle, or a trailer) unless it is equipped with 2 independent brakes, namely –
(a) A footbrake which is capable of bringing to a standstill the motor vehicle, without assistance from the compression of the engine, within a distance of 35 feet from a speed of 20 miles per hour upon a hard, dry, level roadway free of loose material; and
(b) A handbrake which is capable of bringing the vehicle to a standstill within a distance of 70 feet from a speed of 20 miles per hour upon a hard, dry, level roadway free of loose material and is also capable of holding the vehicle at rest on a grade of one in 5.
56 Brakes for heavy trailers
No person shall operate a motor vehicle towing a trailer the weight of which with its load exceeds 2 tons, unless the trailer is equipped with a brake readily applicable by the driver from his normal driving position and complying with the requirements for a footbrake under section 55(a).
57 Brakes for motor cycles
No person shall operate a motor cycle, unless it is equipped with a brake acting on the rear which is capable of bringing to a standstill the motor cycle without assistance from the compression of the engine, within a distance of 35 feet from a speed of 20 miles an hour upon a hard, dry, level roadway free of loose material, and which is capable of easy adjustment.
58 Brakes for power cycles
(1) No person shall operate a power cycle unless it is equipped with a reliable brake on each road wheel.
(2) If the brake on the rear wheel is hand operated, it shall be readily operable with the left hand.
59 All brakes to be properly maintained
All brakes shall be maintained so that at all times they are efficient and in good working order.
60 Sounding devices
No person shall operate a motor vehicle (other than a trailer) unless it is equipped with an adequately audible warning device, and a trailer unless it is attached to a motor vehicle so equipped.
61 Bells and sirens prohibited
(1)
(a) No person shall operate a motor vehicle equipped with a bell as a warning device.
(b) A power cycle may be fitted with a bell of an approved type as its sole warning device.
(2) Except with the written permission of the Cabinet, no person shall operate a motor vehicle equipped with a siren as a sole or additional warning device.
62 Rear vision mirror
No person shall operate any motor vehicle (other than a trailer) unless it is equipped with a mirror fitted in an approved position so as to reflect to the driver a view of the roadway to the rear sufficient for driving requirements.
63 Steering
No person shall operate a motor vehicle unless the steering gear and associated mechanism is in a safe and efficient working condition.
64 Silencer
No person shall operate any motor vehicle (other than trailer) unless it is equipped with an approved silencer or silencing device through which the exhaust is projected.
65 Windscreen protection
(1) No person shall operate any motor vehicle (other than a motor cycle, power cycle, or a trailer) fitted with a windscreen unless it is equipped with an efficient mechanically or electrically operated windscreen wiper to prevent interference with the driver’s vision by weather conditions.
(2) No person shall drive any motor vehicle fitted with a windscreen forward of the driver unless such windscreen is at all times kept clean and clear so that the driver’s view forward will not be impeded or obstructed.
66 Dangerous fittings
No person shall operate a motor vehicle having affixed to it any ornament, decoration, or fitting of such a nature and in such a position that it is likely to cause injury to any person with whom the motor vehicle may collide.
67 Speedometer
No person shall operate a motor vehicle (other than a trailer or a power cycle) unless it is equipped with an efficient speedometer in good working order.
68 Footrests for motor cycles
No person shall operate a motor cycle unless it is equipped with adequate footrests for the use of every person carried otherwise than in a side car.
PART 8
MOTOR VEHICLE INSPECTION
69 Testing authority
There shall be for the purposes of this Part a testing authority which shall be the Chief of Police or any Government Department or person authorised in that behalf by Cabinet.
70 Warrant of fitness on half-yearly inspection
(1) No person shall operate a motor vehicle (other than power cycle) unless there is carried in or on that motor vehicle a warrant of fitness issued in respect of that motor vehicle and disclosing thereon a date of examination not earlier than 6 months before such operation.
(2) The warrant of fitness shall be in 2 portions as described in the form numbered 7 in the Schedule and shall be issued by the testing authority.
(3) The manner in which the portion of the warrant of fitness issued to the owner shall be affixed to the motor vehicle may be prescribed by the Chief of Police for specified classes of motor vehicles by notice published as the Chief of Police thinks fit.
(4) The owner of any motor vehicle who fails to affix any warrant of fitness issued to him in the manner prescribed or removes any warrant that should be affixed, commits an offence.
(5) The driver or the person in charge of the motor vehicle shall produce any warrant of fitness not affixed to the motor vehicle, for inspection whenever required to do so by any constable.
71 [Repealed by 1990/148]
72 Warrant of fitness for duly equipped motor vehicles
No warrant of fitness shall be issued under this Part unless the motor vehicle for which the warrant is to be issued is equipped as required by this Act.
73 Offence against Part 8
(1) No person shall knowingly operate a motor vehicle in or on which a warrant of fitness is required to be carried, if the motor vehicle is no longer so equipped as to justify the issue of a warrant of fitness in terms of the warrant so required to be carried.
(2) It shall be a defence in any proceedings for an offence against this section or section 70(1) if the accused proves that the motor vehicle was being operated solely for the purpose of obtaining a warrant of fitness.
74 Fees for warrants of fitness
There shall be payable to the testing authority for the issue of every warrant of fitness such fees as Cabinet may prescribe by regulation.
75 Warrant of fitness to be delivered on sale of motor vehicle
Any person who sells a motor vehicle shall deliver to the purchaser at the time of delivery of the motor vehicle any current warrant of fitness which is not affixed to the motor vehicle.
76 Inspection of motor vehicles after accidents
The Chief of Police, if in his opinion any motor vehicle which has been damaged in an accident, has thereby been rendered unsafe for use, may by notice in writing given to the owner of the motor vehicle direct that the motor vehicle be not operated until such repairs have been carried out as may be necessary for a fresh warrant to be issued under this Part.
PART 9
TRAFFIC SIGNS
77 Traffic signs to be erected
The Chief of Police shall cause traffic signs to be erected in any public place where necessary for the operation of this Act.
78 Kind of traffic signs to be determined by Chief of Police
The Chief of Police may determine –
(a) The classes of traffic signs;
(b) The language of traffic signs;
(c) The description of any class of traffic sign;
(d) The material including reflecting material of traffic signs.
79 Maintenance of traffic signs
The Chief of Police shall be responsible for the proper maintenance of every sign.
80 Offences against Part 9
Every person who wilfully or negligently removes, defaces or damages any traffic sign erected under this Part commits an offence.
PART 10
PUBLIC PLACES TO BE KEPT FREE FROM OBSTRUCTIONS
81 Trimming of hedges and trees on adjacent land
The Chief of Police may request any occupier of land adjacent to any public place to cut or trim hedges, trees or other herbage on such land that he considers dangerous to public safety or which obstructs a clear view of the public place.
82 Weeding on roads
(1) Every owner or occupier of land adjacent to any public road shall keep the part of such road from the boundary of the land to the centre of the road at all times reasonably clean and free from rubbish, weeds, fungoid growths and long grass.
(2) Every such owner or occupier shall during the first week of the months of March, June, September and December in each and every year, execute such work as aforesaid.
83 Keeping public places tidy and safe
(1) No person shall deposit or throw on any public place –
(a) Rubbish of any kind;
(b) Glass or any other substance or matter likely to damage the tyres of any vehicle.
(2) If any slippery substance or any piercing substance or glass falls from any vehicle upon any public place, it shall be the duty of the driver of any vehicle involved to remove or cause to be removed immediately that substance from the public place.
PART 11
BICYCLES
84 Bicycles to comply with special requirements
Without limiting in any way the provisions of this Act relating to vehicles, sections 85-94 shall apply with respect to bicycles.
85 Headlamps
No person shall ride a bicycle in any public place during the hours of darkness unless it has attached at the front a lamp displaying a light substantially white in colour of sufficient brilliance to be visible under normal atmospheric conditions for at least 300 feet in a forward direction.
86 Rear reflectors
No person shall ride a bicycle in any public place –
(a) Unless it is fitted with an approved red reflector in a clean and efficient condition or approved reflecting red tape not less than 8 square inches in area placed at the back of the bicycle so as to reflect directly to the rear light shining towards it from the rearward of the bicycle; or
(b) Unless it displays at the rear a white surface of at least 12 square inches (inclusive of the area taken up by an approved reflector) or approved reflecting red tape not less than 8 square inches in area maintained in a clean condition at a place where the surface or tape is not likely to be obscured by the rider or his clothes.
87 Prohibited lights
No person shall ride a bicycle in any public place if it is equipped with a lamp that displays towards the rear any light other than a red light or with a lamp or reflecting surface that displays towards the front any red or reddish light.
88 Brakes
No person shall ride a bicycle in any public place unless it is fitted with at least one efficient brake which operates on the rear wheel.
89 Special equipment if infants are taken for a ride
No person shall ride a bicycle in any public place –
(a) Fitted with a pillion seat, unless adequate foot rests are fitted for any infant carried on the pillion seat; or
(b) Fitted with any other seat or a container for the carriage of an infant, unless the legs of the infant are adequately protected by guards from coming into contact with the wheels of the bicycle.
90 Riding prohibited on footpaths and over cultivated land
No person shall ride a bicycle on any footpath or footway or on any lawn, garden, or other cultivation forming part of a public place.
91 Towing prohibited
No person riding a bicycle in any public place shall permit the bicycle to be towed by any other vehicle.
92 Warning signal before right-hand turn
Every person riding a bicycle when about to turn to his right in view of other traffic shall before doing so give reasonable notice of his intention by extending his full arm horizontally to the right.
93 Riding in batches restricted
Except when heavy traffic conditions make it unreasonable to do otherwise, no person shall ride a bicycle so that –
(a) More than 2 bicycles remain abreast; or
(b) Two bicycles remain abreast while overtaking and passing any other vehicle.
94 Dangerous riding
Every person commits an offence who rides a bicycle in any public place recklessly or negligently or at a speed or in a manner which is dangerous to any other person, having regard to the nature, condition, and use of the public place and all other circumstances of the case.
PART 12
PASSENGER SERVICES
95 No liquor on public transport
(1) No person shall consume or attempt to consume or cause any other person to consume intoxicating liquor in or on any omnibus or vehicle serving for the time being as an omnibus, taxicab or any other vehicles for the time being designed, used, kept, or being available for the carriage for hire or reward of members of the public.
(2) In this section "intoxicating liquor" has the same meaning as in the Liquor Act 1975.
96 Speed limit for trucks carrying passengers
Notwithstanding anything in this Act no person shall drive a truck carrying passengers, whether for hire or reward or otherwise, under any circumstances (be it within the boundaries of any village or any area declared to be subject to speed limits or outside such boundaries or areas) at a greater speed than 25 miles per hour.
PART 13
MISCELLANEOUS PROVISIONS
98 Approval of equipment for a transition period and exemptions from equipment requirements
(1) Cabinet may, by notice published as it directs and for any period of time as it thinks fit –
(a) Approve of any equipment or type of equipment for use under this Act and the use of any equipment so approved or of a type so approved shall, while it is maintained in good working order and any conditions of the approval are complied with, be deemed to be a sufficient compliance with this Act;
(b) Grant exemption in respect of any specified class of vehicle from any of the requirements relating to equipment prescribed by this Act, subject to such conditions as it thinks fit to impose.
(2) Any approval so given and any exemption so granted may be at any time withdrawn by Cabinet by notice as aforesaid.
99 Compensation for conversion
(1)
(a) If any person is convicted of the offence of converting any vehicle or part of it under section 188 of the Niue Act 1966, the court may order the person so convicted to pay to the owner of the vehicle destroyed or damaged, by way of compensation for the destruction or damage, a sum not exceeding the amount of loss suffered by him.
(b) The making or enforcement of an order as aforesaid shall not affect the right of the owner or any other person to recover by civil proceedings any damages in excess of the sum recovered under the order.
(2) Any order for payment under this section may be enforced in the same manner as a fine.
100 Unlawful interference with vehicle
Every person commits an offence and shall be liable to imprisonment for a term not exceeding 3 months or a fine not exceeding 5 penalty units who unlawfully and without colour of right interferes with or gets into or upon or attempts to get into or upon any vehicle.
101 Power of Police
Every constable in uniform may –
(a) Direct the driver of any vehicle to stop his vehicle;
(b) Inspect, test and examine the brakes or any other part of any vehicle or equipment of it;
(c) Move or cause to be moved to any place of safety at the expense of the owner any vehicle if in the opinion of the constable it causes an obstruction in any public place or has some mechanical defect likely to impair its safe use in a public place or its removal is necessary for any other reason;
(d) Generally take all steps necessary for the control of traffic in any public place under this Act.
102 Offences
Every person commits an offence who –
(a) Fails to comply with a direction given under this Act by a constable, the Registrar, the Testing Authority, or any other person authorised to give directions under this Act;
(b) Wilfully obstructs any person in the execution of any duty imposed on that person by this Act;
(c) Fails to comply with any condition, duty, or obligation imposed on him by this Act;
(d) Does or omits, or causes or knowingly permits or suffers to be done or omitted, any act, matter, or thing contrary to this Act;
(e) Offends against or fails to comply with this Act;
(f) Knowingly makes a substantially false statement in any application or notice under this Act or in connection with any information which he is required to furnish under this Act.
103 General penalties
Every person who commits an offence against this Act for which no penalty is provided in this Act elsewhere than in this section or in the Niue Act 1966 is liable to a fine not exceeding 1 penalty unit.
104 Act to bind the Crown
Except as provided in this Act, this Act shall bind the Crown.
105 [Spent]
106 Application of fees and fines
All fees, fines and other moneys received under this Act shall form part of the public revenues of Niue and shall be paid into the appropriate account.
107 Regulations
Cabinet may make all such regulations –
(a) As may seem necessary or expedient for giving full effect to this Act and for its due administration;
(b) Prescribing fines, not exceeding 2 penalty units, for the breach of any regulations made under this Act.
–––––––––––––––––––
SCHEDULE
Section 7
Form No. 1
Transport Act 1965
FORM OF APPLICATION FOR REGISTRATION OF MOTOR VEHICLE
To the Registrar of Motor Vehicles:
I apply for registration of the motor vehicle particulars of which are given below:
Name of Owner:
Address:
Class of motor vehicle:
Make of motor vehicle:
Engine No.:
Chassis No.:
Seating Accommodation: * persons
Intended for –
Private use; or
Conveyance of passengers for hire; or
Conveyance of goods; or
Conveyance of passengers for hire and goods
Gross weight of motor vehicle unladen: ** lbs
Manufacturer’s rating of weight carrying capacity: lbs
Dated this day of 20 .
................................................................................................................... (Signature of owner)
*Not required for motor or power cycles
**Not required for motor cycle, power cycle or private motor cars
Section 9
Form No 2
Transport Act 1965
CERTIFICATE OF REGISTRATION OF MOTOR VEHICLE
This is to certify that the motor vehicle, particulars of which are given below, has been registered under the above Act
Description of Motor Vehicle
Name of Owner:
Address:
Class of motor vehicle:
Make of motor vehicle:
Engine No.:
Chassis No.:
Seating Accommodation: * persons
Intended for –
Private use; or
Conveyance of passengers for hire; or
Conveyance of goods; or
Conveyance of passengers for hire and goods
Gross weight of motor vehicle unladen: lbs
Manufacturer’s rating of weight carrying capacity: lbs
Registration No:
(a) Number of persons, excluding the driver, which the vehicle may lawfully carry at any one time;
(b) Maximum weight of goods, or passengers, or both, which the vehicle may lawfully carry.
Dated this this day of 20 .
........................................................................................................ Registrar of Motor Vehicles
Section 14
Form No 3
Transport Act 1965
FORM OF APPLICATION FOR ANNUAL LICENCE TO USE MOTOR VEHICLE
To the Registrar of Motor Vehicles:
I apply for a licence to use the motor vehicle particulars of which are given below:
Name of Owner:
Address:
Class of motor vehicle:
Make of motor vehicle:
Engine No:
Chassis No:
Seating Accommodation: * persons
Intended for –
Private use; or
Conveyance of passengers for hire; or
Conveyance of goods; or
Conveyance of passengers for hire and goods
Gross weight of motor vehicle unladen: ** lbs
Manufacturer’s rating of weight carrying capacity: lbs
Registration No.
Dated at this day of 20 .
................................................................................................................... (Signature of
owner)
*Not required for motor or power cycles
**Not required for motor cycles, power cycles or private motor cars
Section 16
Form No 4
Transport Act 1965
ANNUAL LICENCE TO USE MOTOR VEHICLE
The motor vehicle, particulars of which are set out hereunder, may, in accordance with the above Act, be used on any road on Niue while this licence continues in force.
Description of Motor Vehicle
Name of Owner:
Address:
Class of motor vehicle:
Make of motor vehicle:
Engine No:
Chassis No:
Seating Accommodation: persons
Intended for –
Private use; or
Conveyance of passengers for hire; or
Conveyance of goods; or
Conveyance of passengers for hire and goods
Gross weight of motor vehicle unladen: lbs
Manufacturer’s rating of weight carrying capacity: lbs
Registration No:
If trade motor –
(a) Number of persons, excluding the driver, which the vehicle may lawfully carry at any one time;
(b) Maximum weight of goods, or passengers, or both, which the vehicle may lawfully carry.
Subject to the provisions of the Transport Act, this licence shall continue in force until 31 March 20 .
Dated at this day of 20 .
........................................................................................................ Registrar of Motor Vehicles
Section 20
Form No. 5
Transport Act
APPLICATION FOR A MOTOR DRIVER’S LICENCE
To the Registrar of Motor Vehicles:
I apply for the issue to me of a motor driver’s licence under the Transport Act in respect of a motor vehicle of the following class (classes):
And I declare that to the best of my knowledge and belief the particulars here set forth are true and correct.
Full name of applicant:
Place of residence:
Occupation:
Class or classes of motor vehicles in respect of which a driver’s licence is applied for:
Is applicant above the age of 16 years?
If applicant has been the holder of any licence to drive a motor vehicle give particulars as
to –
Name of authority by whom licence issued:
Date of issue:
Remarks:
Has applicant ever been refused a motor driver’s licence?
If so, give particulars:
Has applicant ever been convicted of any offence arising out of the driving of any motor vehicle?
What is applicant’s experience of motor driving?
Dated at this day of 20 .
................................................................................................................ Signature of Applicant
Section 22
Form No. 6
Transport Act
MOTOR DRIVER’S LICENCE
No
To be produced on demand
Name of Licensee: m/f Date of birth:
Address:
Occupation:
This licence applies only to (insert class or classes of motor vehicle)
This licence expires on the day of 20.
Date of issue:
Signature of Registrar:
Signature of Licensee:
Section 70
Form No. 7
Transport Act 1965
WARRANT OF FITNESS
To be retained by Testing Authority
No. Make:
Regd No.:
Speedometer Reading:
Name of Owner:
Address:
Date of examination: / /
..........................................................................................................................................
Signature of Testing Authority
To be issued to Owner
(Front)
Warrant of Fitness No.
(Month of issue in letters)
(Month of expiry in figures)
(Back)
No.:
Issued by:
Regd No. and Make:
..........................................................................................................................................
Expiry date: ......................../ ........... / .........
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URL: http://www.paclii.org/nu/legis/consol_act/ta1965153