Traffic Law
Defending a log book offence in New Zealand typically revolves around demonstrating that the violation was not intentional, that there were mitigating circumstances, or that the offence itself is not legally valid for some reason. Log book offences in New Zealand often relate to the management of driver hours and record-keeping requirements for heavy vehicle operators, which are primarily regulated under the Land Transport Act 1998 and Road Transport (Driver Hours) Regulations 2005.
Here are several strategies you could consider when defending a log book offence:
1. Mistake or Administrative Error
-
Simple Mistake: Sometimes, log book offences can arise from clerical or administrative errors, such as incorrect times being recorded or missing signatures. If the error was honest and unintentional, you may be able to argue that it was a mistake rather than a deliberate offence.
-
No Impact on Safety: If the offence did not have any actual impact on road safety (e.g., if the driver was still compliant with rest and driving hours), this could strengthen your case.
2. Human Error
-
In some cases, drivers or operators may fail to correctly fill out the log book because of confusion about the rules or an oversight in a stressful situation. You could argue that this was due to a lack of understanding of the specific requirements or an isolated incident, particularly if the driver has an otherwise clean record.
3. Circumstances Beyond Control
-
Emergency Situations: If there were extenuating circumstances such as an emergency or unexpected road closures that made compliance with log book rules difficult or impossible, you might be able to argue that the violation was necessary or unavoidable.
-
Delays or Unforeseen Events: Road closures, adverse weather conditions, or mechanical breakdowns that prevented timely rest or completion of logs could be factors to consider in your defense.
4. Challenging the Evidence
-
If the charge is based on evidence from a log book inspection, you may be able to challenge the accuracy or reliability of that evidence. For example, if the inspector made an error or the log book records were incomplete due to circumstances beyond your control, you could argue that the evidence does not support the claim of an offence.
-
Inconsistent Records: If there are discrepancies or inconsistencies in the logbook or in the prosecution’s evidence, this could potentially help in disputing the charge.
5. Compliance History
-
A good compliance history can be a mitigating factor. If the driver or company has previously demonstrated consistent compliance with logbook and driving hours regulations, this may help demonstrate that the violation was an isolated incident.
-
Training and Systems in Place: If you can demonstrate that there are systems in place to ensure compliance (e.g., training, regular checks), this might be taken into account in your defense.
6. Technical Defenses
-
Regulatory Technicalities: Sometimes, logbook offences can be the result of misunderstandings about specific technical requirements in the legislation. You may be able to argue that the regulations were not clearly understood or that they were not applied correctly in your particular case.
-
Interpretation of Rules: If there is ambiguity in how the driver hours or rest periods are interpreted, you could argue that the way the law was applied was incorrect.
7. Defective Equipment or Poor Conditions
-
If the logbook device was faulty (e.g., an electronic log system), or if the driver’s ability to comply with the rules was hindered by the working conditions (e.g., a broken or hard-to-use system), this might be a factor to argue in your defense.
8. Mitigation and Penalty
-
Even if you cannot successfully defend the offence, you might be able to argue for mitigation to reduce the penalty. If the breach was minor or due to circumstances beyond your control, you could argue for a lower fine or other leniency in sentencing.
Steps to Take:
-
Gather Evidence: Collect all relevant documents, including the logbook entries, maintenance records, evidence of any mechanical failures, weather conditions, or anything else that might support your case.
-
Consult a Lawyer: A lawyer specializing in transport law or road safety regulations will be able to provide legal advice specific to your case. They can help you assess the strength of your defense and guide you through the process.
-
Request a Hearing: If you receive a ticket or notice of a breach, you can often contest the offence by requesting a hearing in court. This gives you the opportunity to present your defense in front of a judge.
-
Show Willingness to Comply: If you’ve made efforts to correct the issue (e.g., providing training, improving systems), be sure to present this in court as evidence that you are committed to ensuring future compliance.
Each case is unique, so it's important to tailor your defense based on the specific facts and circumstances surrounding the alleged offence. Please contact me for further information on pd@blomfieldlegal.com
Driving offences are classified in the same way as other offences under the criminal justice system. The least serious type are “infringement offences,” which don’t give you a criminal record. Then there are a number of different offence categories of greater seriousness, numbered Categories 1, 2 and 3, and these are dealt with by the standard criminal court processes.
New Zealand has several unique aspects to its drink driving laws, focusing on reducing road accidents and fatalities. Some of the key features that make New Zealand’s drink driving laws distinctive include:
1. Lower Blood Alcohol Concentration (BAC) Limits
-
General drivers: The legal blood alcohol concentration (BAC) limit for most drivers is 0.05%.
-
Drivers under 20 years old: A zero tolerance policy applies, meaning they must have no alcohol in their system when driving.
-
Professional drivers, drivers of heavy vehicles, or drivers driving with a high-risk endorsement: A BAC limit of 0.04% applies.
2. Random Roadside Breath Testing (RBT)
-
New Zealand police have the authority to carry out random roadside breath tests. Drivers may be stopped and asked to provide a breath sample even if they have not committed any traffic offense. This is intended to deter drink driving by increasing the perceived risk of being caught.
3. Low Alcohol Limits for Novice and Professional Drivers
-
Zero tolerance for drivers under 20 years old: There is no acceptable BAC for drivers under 20, a group considered most at risk for accidents due to inexperience.
-
Zero tolerance for some other categories: This can extend to certain drivers like those who hold a learner’s or restricted license.
-
Lower limit for certain heavy vehicle drivers: Those driving heavy vehicles, buses, or vehicles with a high-risk endorsement (such as taxis) are subject to a stricter BAC of 0.04%.
4. Penalties for Drink Driving
-
Penalties for drink driving can be severe and include:
-
Fines
-
Imprisonment (for high-level offenders or repeat offenders)
-
Disqualification from driving (ranging from months to years, depending on the severity of the offense)
-
-
Repeat offenders face progressively harsher penalties.
5. Alcohol Interlocks for Repeat Offenders
-
For drivers convicted of serious or repeat drink driving offenses, New Zealand law allows for the installation of an alcohol interlock device in their vehicle. This device requires the driver to pass a breath test before the car can be started.
6. Culture of Public Awareness
-
New Zealand places a strong emphasis on public education and awareness campaigns. These often focus on informing drivers about the dangers of drink driving and the legal consequences of breaching the BAC limit. There are national programs and campaigns, such as the well-known “Don’t Drink and Drive” initiatives.
7. Liability for Passengers
-
In some cases, passengers can be held partially liable if they are seen to encourage the driver to drink and drive, or if they fail to take action to prevent the driver from getting behind the wheel.
8. Drinking and Driving in the Context of New Zealand’s Social Norms
-
New Zealand has a relatively high alcohol consumption rate compared to some countries. This cultural context means that the legal framework is designed to address a significant public health and safety issue. Social norms around drinking often intersect with the legal limits, and there’s ongoing debate about whether the limits should be further reduced.
9. Zero Alcohol Limits for Commercial Drivers and Dangerous Goods
-
Drivers transporting dangerous goods, such as hazardous chemicals or fuels, must have a zero BAC. This law extends to all commercial drivers in specific industries where safety is paramount.
10. Immediate Disqualification
-
In some instances, a driver caught with a BAC above 0.08% can face immediate disqualification from driving, especially if they are involved in an accident or show signs of impaired driving (e.g., erratic behavior or dangerous driving).
These features reflect New Zealand's comprehensive approach to reducing drink driving-related accidents and promoting road safety. The combination of legal limits, education, enforcement, and cultural considerations creates a framework aimed at curbing alcohol-related harm on the roads.
DEFENCES TO DRINK DRIVING
There have been a number of recent District Court decisions in which people have been acquitted of the charge of drink driving that the Police brought against them. The defences have been technical defences based upon the Police not providing them with the appropriate advice during the drink driving arrest procedure.
Drink driving offences are among the most common convictions that ordinary New Zealanders face. There are some 15,000-20,000 drink driving convictions in New Zealand annually. Normally, the Police procedure that occurs roadside, at “booze buses” or at the nearest Police station is routine and the Courts in the past have not been fond of technical defences put forward.
However, the recent Court decisions of Police v Stuart and Police v Yang show that the advice that the driver receives from Police when detained is still an important factor when the District Court decides whether the person should be found guilty of the charge or not. In both of those cases, the District Court was concerned with the wording used in the drink driving checklist that the Police Officers used when processing the driver. In particular, His Honour Judge Collins was of the view that the wording in section J of the checklist did not adequately advise the driver of the possible effect of an evidential breath test being conducted. The words of section 77(3A) of the Land Transport Act state that a driver must be advised that a positive result of an evidential breath test could of itself be conclusive evidence to lead to that person’s conviction. The Police checklist advice that the Police have used for a number of years advises the driver that a positive result of the evidential breath test could be conclusive evidence “in a prosecution against” the person. The difference is not just semantics.
Since 2014 a driver that exceeds 250 micrograms of alcohol per litre of breath but not 400 micrograms of alcohol per litre of breath would be prosecuted under an infringement notice. This could lead to a fine and 50 demerit points. They would not receive a conviction. However, if the driver were to blow over 400 micrograms of alcohol per litre of breath then the Police would prosecute that driver and as a result of that prosecution, the driver would likely be convicted, disqualified for six months and ordered to pay a fine. Again, the difference is not meaningless.
These cases show that technical arguments in drink driving cases can and often will be successful if argued correctly. If you face a drink driving charge, then we urge you to get legal advice about any defences you might have to the charge. In particular, since these two cases have been released, there is likely to be a number of successful challenges to drink driving prosecutions, which may result in a number of acquittals and the basis for appeals against previous convictions.
If you are facing a drink driving case please contact me to discuss pd@blomfieldlegal.com
If you don't pay your parking ticket in Queenstown, New Zealand, you may face several consequences. Here’s what could happen:
-
Increased Fines: If you don't pay your parking ticket by the due date, the fine will likely increase. Parking fines in New Zealand usually have a due date, and if not paid on time, a late fee is often added.
-
Further Enforcement Action: If you continue to ignore the ticket, the local council (in this case, the Queenstown Lakes District Council) can take further action. This may include issuing a formal demand for payment, or potentially referring the matter to a debt collection agency.
-
Inability to Renew Registration: In some cases, unpaid fines can affect your ability to renew your vehicle's registration (Warrant of Fitness). The council may also place a "hold" on your vehicle registration.
-
Court Action: If the debt remains unpaid for a prolonged period, it could lead to further legal action. The council could seek a judgment in the District Court to recover the outstanding fine.
-
Towing and Immobilisation: In more severe cases, especially for vehicles with multiple unpaid fines or chronic violations, the council may tow or immobilise your vehicle.
It's always a good idea to pay parking fines on time or challenge them if you believe the ticket was issued unfairly. If you're unable to pay, contacting the council to discuss payment options may help avoid further penalties. In my experience the company that runs the parking offences in Queenstown is a private business which clearly has a financial incentive to distribute as many fines as possible so writing to them has little effect.
How to get a limited licence (or work licence)
If you have recently been disqualified or suspended from driving, you may be able to apply for a Limited Licence or ‘Work Licence’. This allows you to drive for a limited purpose, subject to conditions, such as only driving between certain hours of the day. The relevant law can be found in sections 103-105 of the Land Transport Act 1998. To obtain a Limited Licence, you must make an application to the District Court.
I can handle Court appearances for Limited Licences from Queenstown down to Invercargill. Can I apply for a Limited Licence?
Court imposed disqualifications have a mandatory 28-day stand down period before you can apply to the District Court. You can’t drive during a stand-down. Demerit point suspensions use same process in Court but there is no stand down period. You can apply for a Limited Licence if you:
· Have been suspended from driving due to excess demerit points.
· Have been disqualified from driving with a breath alcohol level of less than 800 micrograms of alcohol per litre of breath (or 160 milligrams of alcohol per litre of blood).
· Have mixed reasons for needing a Limited Licence, e.g. driving for your day job but a condition for personal driving such as driving a family member. You cannot apply for a Limited Licence if you:
· Have been convicted of two driving offences (of a particular type), in two separate offences, within five years; or
· Have been charged with driving while suspended/disqualified, or driving in contravention of a Limited Licence; or
· Have particular transport service driving offences; or
· Are indefinitely disqualified from driving. Potential problem scenarios · Having previously received a Limited Licence or a poor driving record.
· Driving from home to work when there are other transport options available. · Asking for too much (it is not an ‘unlimited licence’.)
· Lack of support from your employer. What are the requirements? The main requirement of a successful Limited Licence application is that you (or another person/company) face extreme hardship or undue hardship if you cannot drive. For example, extreme hardship could involve you needing to drive a car for work purposes and losing your job if you cannot drive. Undue hardship could involve other people/organisations are unduly affected by your inability to drive.
2 You must limit your driving from what you had before and the granting of the Limited Licence should not be against the interests of the public. I can help guide you at every step of your Limited Licence application process. If you are disqualified, then the rule is that you apply to the District Court at which you were disqualified. For Demerit Points applications you can apply to any Court. I can represent you at your initial Court appearance (or handle your Demerit Points suspension process), then work with in you in making your Limited Licence application to the Court. I will work carefully with you to ensure your application is well written and meets your specific needs. What are the costs for a Limited Licence? After you have paid your fines there is also the Application fee to the Court ($150.00 for disqualifications and $200.00 for Demerit Points). Legal costs depend on the complexity of the application, location and how quickly you need it. Can a person lodge an application without using a lawyer? Yes a lawyer is not needed and there are online providers that can offer their services. The advantage of a lawyer is that you have a person that you meet and who appears in Court with you. We do the bundle of paperwork and all the talking to the Judge and Police Prosecutions. In general, two affidavits need to be prepared (yours and your employer) as well as the Draft Order/Map. These need to be lodged in advance of the scheduled Court hearing for the Limited Licence and planning is important. What happens after the Limited Licence is granted by the Court You take two original sealed (signed and stamped by Court staff) Orders to the Automobile Association (or approved provider). You fill out form DL 15 (the form tells you what to take with you) and give them the original Orders. Waka Kotahi/NZTA then take about 4 working days to process it and then when you get a temporary licence you can drive.