Land Transport (Drug Driving) Amendment Bill

Hon Julie Anne Genter

Land Transport (Drug Driving) Amendment Bill

Government Bill

317—1

Contents

Explanatory note
1Title
2Commencement
3Amendments to Land Transport Act 1998
4Section 2 amended (Interpretation)
5Section 11A replaced (Persons may not drive or attempt to drive while impaired and their blood contains evidence of use of qualifying drug)
11APersons not to drive or attempt to drive while oral fluid or blood contains qualifying drug
6Section 13 amended (Drivers and other road users to comply with directions of enforcement officers, etc)
7Part 5 heading amended
8Cross-heading above section 34 amended
9Section 57A replaced (Driving while impaired and with blood that contains evidence of use of qualifying drug)
57ADriving with oral fluid that indicates or blood that contains evidence of use of 1 qualifying drug
57BDriving while blood contains evidence of, or oral fluid indicates, use of 2 or more qualifying drugs
57CDriving while blood or breath contains alcohol and blood contains evidence of or oral fluid indicates use of qualifying drug
57DPenalties for offences against sections 57A(1), 57B(1), and 57C(1)
10Section 58 amended (Contravention of section 12)
11Section 59 amended (Failure or refusal to remain at specified place or to accompany enforcement officer)
12Section 60 amended (Failure or refusal to permit blood specimen to be taken or to undergo compulsory impairment test)
13Section 61 amended (Person in charge of motor vehicle causing injury or death)
14Section 62 amended (Causing injury or death in circumstances to which section 61 does not apply)
15Section 64 amended (Defences)
16Section 65AB amended (Qualifying offences)
17Section 67 amended (Blood test fee)
18Section 68 amended (Who must undergo breath screening test)
19Section 70A amended (Right to elect blood test)
20Section 71A replaced (Requirement to undergo compulsory impairment test)
71AWho must undergo first oral fluid test
71BWho must undergo second oral fluid test
71CPerson must undergo further oral fluid test if either first or second oral fluid test fails to produce result
71DPerson has right to elect blood test after 2 positive oral fluid tests
71EPerson may be required to accompany enforcement officer to undergo blood test
71FWho must undergo compulsory impairment test
21New cross-heading above section 72 inserted
22Section 72 amended (Who must give blood specimen at places other than hospital or medical centre)
23Section 73A replaced (Evidence of controlled drug in blood sample taken under section 72 or 73 may not be used as evidence of use of controlled drugs in prosecutions under Misuse of Drugs Act 1975)
73APurposes for which blood specimen taken under section 72 or 73 may be used as evidence
24Section 75 amended (Certificates in blood-alcohol proceedings)
25New section 77A inserted (Presumptions relating to drug-testing)
77APresumptions relating to drug-testing
26Section 79 amended (Circumstances in which certificate not admissible in proceedings)
27New section 94A and cross-heading inserted
94AMandatory prohibition from driving for 12-hour period if 2 oral fluid tests appear positive
28Section 95 amended (Mandatory 28-day suspension of driver licence in certain circumstances)
29Section 96 amended (Vehicle seized and impounded for 28 days in certain circumstances)
30Section 99 amended (Court may reduce disqualification)
31Section 119 amended (Powers of entry)
32Section 120 amended (Arrest of persons for alcohol or drug-related offences, or assault on enforcement officer)
33Section 121 amended (Enforcement officer may immobilise vehicle, etc, in specified circumstances)
34Section 167 amended (Regulations)
35New sections 167A and 167B inserted
167ASetting or amending level of qualifying drug in blood specimen at or over which person commits offence against section 57A(1), 57B(1), or 57C(1)
167BMinisters may appoint independent experts for purposes of section 167A
36New section 168D and cross-heading inserted
168DGazette notices approving oral fluid tests and oral fluid testing devices
37Section 209 amended (Taking of blood specimens for statistical or research purposes)
38Section 209A amended (Analysing blood specimens for statistical or research purposes related to use of drugs or alcohol)
39Schedule 1 amended
40New Schedule 5 inserted
41Amendment to Legislation Act 2012
42Amendment to Sentencing Act 2002
43Amendments to Land Transport (Offences and Penalties) Regulations 1999

The Parliament of New Zealand enacts as follows: