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Steven Joyce

20 October, 2009

Illegal street racing Bill passes third reading

The Land Transport (Enforcement Powers) Amendment Bill that tackles illegal street racing passed its Third Reading in Parliament tonight.


Transport Minister Steven Joyce says the new legislation will send a clear message that New Zealanders will not tolerate dangerous and disruptive behaviour on their roads.


"Since becoming Minister I have heard from many New Zealanders who have been intimidated or have had their business or home life disrupted by illegal street racers. There is no doubt that this legislation will be welcomed by the community," says Mr Joyce.


The legislation will introduce a number of measures for tackling illegal street racing and the anti-social use of vehicles. These include giving road controlling authorities powers to prohibit "cruising", mandatory impoundment for vehicles involved in illegal street racing offences, and increasing Police powers for dealing with illegally modified vehicles and breaches of the Graduated Driver Licensing System.


"We are taking major steps to improve New Zealand's road safety to 2020 through the Safer Journeys strategy. This legislation will assist this work by giving Police and Courts greater powers to stop the extremes of dangerous and anti-social behaviour shown by some road users."


The provisions in the Enforcement Powers Bill complement measures in the Vehicle Confiscation and Seizure Bill which is being progressed by the Minister of Police. The Enforcement Powers Bill is planned to come into force on 1 December 2009, following Royal Assent.


Provisions in the Land Transport (Enforcement Powers) Amendment Bill



  • New powers for road controlling authorities to create bylaws to prohibit cruising. "Cruising" is defined in the legislation as the repeated circling of the same sections of road in a manner that draws attention to the power or noise of the vehicle, or forms a convoy that impedes the flow of traffic.


  • Enabling police to attach warning notices to vehicles that are used in the breach of some road safety bylaws. The warning on the vehicle will allow Police to impound the vehicle if caught breaching another bylaw within 90 days. Impoundment in this situation will be mandatory, as it will be for all illegal street racing offences.


  • Mandatory impoundment of vehicles involved in illegal street racing offences (unauthorised racing or unnecessary exhibition of speed or acceleration or sustained loss of traction). Currently Police have the option of impounding vehicles for these offences.


  • Increased demerit points for many offences that are often associated with illegal street racing, such as registration plate offences, noisy vehicle offences and breaches of Graduated Driver Licensing System conditions.


  • Increased powers for Police to deal with drivers breaching the Graduated Driver Licensing System. Police will be able to take the keys or take other such steps to ensure that offenders do not simply drive away after being ticketed for driving in breach of their licence (eg an unsupervised restricted licence holder driving with passengers).


  • Introduce a licence reinstatement fee for drivers needing a new licence after a period of suspension or disqualification ends. Currently this cost is borne by all licence holders.


  • Increased penalties for failing to stop for Police and failing to provide details of who was driving a vehicle at the time of an offence.


  • Additional powers to deal with illegally modified, unsafe, or excessively noisy vehicles. It will be mandatory for a vehicle ordered off the road by Police for excessive exhaust noise to undergo a metered noise test before obtaining a new Warrant of Fitness. Vehicles that pass the test will have their exhaust system indelibly marked to avoid swapping or tampering. Police will also have the power to direct a vehicle to be inspected if the officer suspects that the vehicle has been illegally modified or is unsafe.


  • Closing loopholes in the confiscation and seizure regimes. Police will now be able to prohibit the sale or disposal of the vehicle prior to the vehicle being confiscated. Serious traffic offenders will lose their vehicles. Bailiffs and officers of the Court will now be able to seize or confiscate a vehicle directly from an impoundment yard to prevent vehicles from going missing between being released from the impoundment yard and the bailiff arriving.

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