About driver responsibility
Stepping over the line
Traffic laws are made to protect and ensure the safety of all road users. This section describes the penalties that you can face if you commit driving offences.
Demerit points
Demerit points are given for some traffic offences and for speeding infringements (except those recorded by a speed camera).
If you get a total of 100 or more demerit points within any two-year period, you will be suspended from driving for three months.
If you incur 50 or more demerit points, you will be sent a letter to warn you that your licence is in danger of being suspended.
If you are disqualified from driving for less than six months by the court, you may have demerit points added to any previous demerit points on your record.
If you are suspended or disqualified by the court for six months or more, any previously recorded demerit points will be cleared from your record. Demerit points will also be cancelled if you have not offended for two years.
If you are suspended for excess demerit points, you will be served with a suspension notice.
Your suspension is effective from when you are personally served with the suspension notice and you must surrender your driver licence to the person giving you the notice.
Some of the offences that incur demerit points are listed below.
| Offence | Demerit points |
|---|---|
| Exceeding speed limit by 10km/h | 10 |
| Person produced a logbook with 1–5 omissions | 10 |
| Exceeding speed limit by 11–20km/h | 20 |
| Driving at a speed that means you are unable to stop in half of the clear distance ahead | 20 |
| Driving in a lane at a speed that means you are unable to stop in length of lane that you can see | 20 |
| Driving at a speed that means you are unable to stop short of the vehicle ahead | 20 |
| Failing to observe Give Way signs | 20 |
| Proceeding before the way is clear at a Stop sign | 20 |
| Failing to keep as close as practicable to left edge of roadway | 20 |
| Failing to stop and remain stopped for a school patrol sign | 20 |
| Failing to observe the requirements at a school patrol crossing | 20 |
| Person produces a logbook with 6–10 omissions | 20 |
| Using a mobile phone while driving | 20 |
| Breaching licence conditions listed in section 8 on the back of your driver licence | 25 |
| Operating a noisy vehicle | 25 |
| Creating excessive noise within or on a vehicle | 25 |
| Drive or ride an all terrain vehicle, motorcycle or moped without a securely fastened approved helmet | 25 |
| Drive or ride an all terrain vehicle, motorcycle or moped with a damaged safety helmet | 25 |
| Person produces a logbook with 11 or more omissions | 30 |
| Breaching a condition of a learner licence (other than failure to display L plates) | 35 |
| Breaching a condition of a restricted licence | 35 |
| Exceeding speed limit by 21–30km/h | 35 |
| Passing or attempting to pass where no-passing lines are marked on the road | 35 |
| Failing to remain stopped for an enforcement officer | 35 |
| Failing to stop when followed by red and blue flashing lights | 35 |
| Carelessly or inconsiderately using a motor vehicle | 35 |
| Driving or attempting to drive when prohibited by an enforcement officer | 35 |
| Failure to produce a logbook | 35 |
| Exceeding speed limit by 31–35km/h | 40 |
| Exceeding speed limit by 36km/h or more | 50 |
| Failing or refusing: > to wait for result of a breath screening test > to accompany a police officer when required > to remain for evidential breath test or blood test |
50 |
| Person under 20 driving or attempting to drive with excess breath or blood alcohol | 50 |
Your driver licence card will be permanently cancelled as a result of the suspension.
When your suspension has ended you will remain unlicensed. You are not entitled to drive until you apply at a NZTA licensing agent to have your licence reinstated and a new licence has been issued.
Careless, reckless and dangerous driving
The courts deal very seriously with drivers who drive carelessly, recklessly or dangerously.
Severe penalties can be imposed if you are convicted of one of these offences. The penalties will be especially severe if you hurt or kill someone, whether or not you have taken alcohol or drugs.
Penalties may include:
- a maximum fine of $20,000
- maximum imprisonment of five years
- disqualification of your driver licence.
Stopping, inspection and weight of heavy vehicles
An enforcement officer may at any time:
- inspect the load on the vehicle
- measure, or require to be measured, the weight of the vehicle or the weight of any of its axles
- direct the driver or person in charge of the vehicle to drive to a site and onto a weighing device.
The officer can direct the driver or owner to increase the total length of the journey by no more than 5km, or no more than 20km if the officer has good cause to suspect that the driver has detoured to avoid being weighed.
The driver of a heavy motor vehicle or a goods service vehicle must, whenever directed by a sign displaying the words 'All Trucks Stop' or by an officer, stop the vehicle and keep it stopped so that an officer may take any action, or decide whether or not to take action. If the driver fails to stop for this sign, there are no limits on how far the driver can be diverted to go to the nearest weigh station.
Not wearing a safety belt
You can be fined if you are aged 15 or over and you drive or ride in a vehicle without wearing a safety belt.
If you are the driver, you can also be fined if any passengers under the age of 15 are riding in your vehicle without wearing a safety belt or child restraint.
Mandatory suspension of driver licence
Your licence will be suspended on the spot if:
- a police officer (but not a speed camera) detects you exceeding a permanently posted speed limit by more than 40km/h or a temporary speed limit by more than 50km/h
- you commit one of the alcohol-related offences covered by mandatory suspension.
Your licence will be suspended for 28 days and you will also have to face court-imposed penalties for your offence.
Note: there is no legal provision for the granting of a limited/work licence in these circumstances.
Impounding vehicles
A police officer will impound your vehicle on the spot if you are caught:
- driving while disqualified
- driving while your licence has been suspended
- driving without a licence, or with an expired licence, or before your licence has been reinstated and you have previously been stopped by a police officer and forbidden to drive.
Your vehicle will be impounded for 28 days and you will have to face court-imposed penalties for your offence.
Powers of arrest
Some of the powers of arrest that a police officer has are listed below.
As a driver or passenger, you could be arrested if you:
- don't give your name or address to the officer, when requested
- tell an officer something that is not true about the identity of the owner of the vehicle
- don't stop when signalled by an officer
- assault an officer
- refuse, or don't go with an officer for a blood or breath test
- don't wait for the result of a breath screening test or an evidential breath test
- don't give a blood sample when required by an officer or doctor
- don't give your car keys to an officer when requested
- drive when told not to by an officer.
Last updated: 3 October 2011