Transport Amendment Act 1985
Transport Amendment Act 1985
Transport Amendment Act 1985
Transport Amendment Act 1985
Public Act |
1985 No 50 |
|
Date of assent |
8 March 1985 |
|
Contents
An Act to amend the Transport Act 1962
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Transport Amendment Act 1985, and shall be read together with and deemed part of the Transport Act 1962 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the 1st day of April 1985.
2 Application for registration of motor vehicle
(1)
Section 9 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsections:
“(1)
Every application for the registration of any motor vehicle shall be made by or on behalf of the owner to a Deputy Registrar, on a form provided by the Registrar, and shall specify—
“(a)
The name of the owner:
“(b)
The address of the owner’s place of residence or place of business within New Zealand:
“(c)
The owner’s postal address within New Zealand, if that address differs from the address given under paragraph (b) of this subsection:
“(d)
Such particulars relating to the vehicle as may be required by the Registrar as indicated on the form.
“(1a)
The Deputy Registrar may require the person making the application for registration under subsection (1) of this section to produce a statutory declaration by the person to be registered as the owner of the vehicle that the person is the owner of the vehicle.”
(2)
Section 9 of the principal Act is hereby further amended by repealing subsections (5) and (6).
3 Application for licence for motor vehicle
Section 12 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
Every application for a licence for any motor vehicle shall be made by or on behalf of the owner to a Deputy Registrar, on a form provided by the Registrar, and shall specify—
“(a)
The name of the owner:
“(b)
The address of the owner’s place of residence or place of business within New Zealand:
“(c)
The owner’s postal address within New Zealand, if that address differs from the address given under paragraph (b) of this subsection:
“(d)
Such particulars relating to the vehicle as may be required by the Registrar as indicated on the form.”
4 Notification of change of ownership of motor vehicle
(1)
Section 18 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
Within 7 days after the sale or other disposition of any registered motor vehicle the person selling or otherwise disposing of it shall, on a form provided by the Registrar, give to a Deputy Registrar—
“(a)
Notice of the fact and date of the sale or other disposition:
“(b)
The name of the registered owner of the vehicle:
“(c)
The name and address of the person selling or otherwise disposing of the vehicle:
“(d)
The distance recorded on the distance recorder (if any) of the vehicle at the time of the sale or other disposition:
“(e)
The name, occupation, and addresses of the new owner as given under subsection (2a) of this section:
“(f)
Such other particulars relating to the vehicle as may be required by the Registrar as indicated on the form.”
(2)
Section 18 of the principal Act is hereby further amended by inserting, after subsection (2), the following subsection:
“(2a)
Every person who acquires ownership of a motor vehicle shall give to the person selling or otherwise disposing of it, on the form referred to in subsection (1) of this section, his full name and occupation and—
“(a)
The address of his place of residence or place of business within New Zealand; and
“(b)
His postal address within New Zealand, if that address differs from the address given under paragraph (a) of this subsection.”
(3)
Section 18 of the principal Act is hereby further amended by repealing paragraph (b) of subsection (6), and substituting the following paragraph:
“(b)
The distance recorded on the distance recorder (if any) of the vehicle as stated in the notice of sale or other disposition of the motor vehicle; and”.
5 Offences relating to registration, annual licensing, and change of ownership of motor vehicle
(1)
The principal Act is hereby amended by inserting, after section 18, the following section:
“18a
“(1)
Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who,—
“(a)
In or for the purposes of any application under section 9 of this Act for the registration of a motor vehicle; or
“(b)
In or for the purposes of any application under section 12 of this Act for a licence for any motor vehicle; or
“(c)
In or for the purposes of any notification under section 18 of this Act of the change of ownership of a motor vehicle; or
“(d)
In or for the purposes of giving his name or an address under section 18(2a) of this Act,—
knowingly supplies to a Deputy Registrar, or to any person who is to make any application or notification under any of those sections, any false or misleading information.
“(2)
Notwithstanding section 14 of the Summary Proceedings Act 1957, an information in respect of any offence against this section may be laid at any time within 2 years from the time when the matter of the information arose.”
(2)
Section 18(9) of the principal Act is hereby repealed.
6 Defence to proceedings for parking offence
Section 42(4) of the principal Act (as substituted by section 7 of the Transport Amendment Act 1980) is hereby amended by repealing paragraph (a), and substituting the following paragraph:
“(a)
The infringement fee specified in an infringement notice issued in respect of the offence has been paid to the enforcement authority before the date on which, by virtue of section 42a(4) of this Act, proceedings could be taken under the Summary Proceedings Act 1957 in respect of the offence; or”.
7 Period within which infringement fee may be paid
Section 42a of the principal Act (as substituted by section 7 of the Transport Amendment Act 1980) is hereby amended by repealing subsection (4), and substituting the following subsection:
“(4)
Where an infringement notice has been issued, proceedings may not be taken under the Summary Proceedings Act 1957 in respect of the alleged offence unless the infringement fee specified in the notice has not been paid to the enforcement authority within 2 months after the date on which the notice, or a copy thereof, was—
“(a)
Attached to the vehicle to which it relates; or
“(b)
Delivered personally or sent in accordance with subsection (3)(c) of this section to any person liable in respect of the alleged offence—
whichever occurred first; and such proceedings may be commenced on the day after the expiry of that 2-month period or any later date permitted under that Act, notwithstanding that the infringement fee may have been paid after the expiry of that 2-month period.”
8 Infringement offences
Section 42a of the principal Act (as so substituted) is hereby further amended by repealing subsection (7), and substituting the following subsections:
“(7)
It shall be a defence to proceedings taken under the Summary Proceedings Act 1957 for an infringement offence if the defendant proves that the infringement fee specified in an infringement notice issued in respect of the offence has been paid to the enforcement authority before the date on which, by virtue of subsection (4) of this section, proceedings could be taken under the Summary Proceedings Act 1957 in respect of the offence.
“(7a)
It shall not be a defence to proceedings taken under the Summary Proceedings Act 1957 for an infringement offence that the infringement fee specified in an infringement notice issued in respect of the offence has been paid after the date on which, by virtue of subsection (4) of this section, proceedings could be taken under the Summary Proceedings Act 1957 in respect of the offence, irrespective of whether or not the proceedings had been commenced when the payment was made.”
9 Offence relating to distance recorder
The principal Act is hereby amended by inserting, after section 192a (as inserted by section 15(1) of the Transport Amendment Act (No. 2) 1967), the following section:
“192b
Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, with intent to cause a false record of the distance travelled by any vehicle to be shown or recorded, makes any alteration to the distance recorder or to the vehicle.”
This Act is administered in the Ministry of Transport.