Land Transport Amendment Bill (No 4)
Clause 3A read.
Resolved, That clause 3A stand part.
Part 1 read.
The following amendments were put:
New clause 6A:
To insert the following clause after clause 6:
6AContravention of section 12
Section 58 is amended by repealing subsection (1) and substituting the following subsections:
“(1) A person commits an offence if the person drives or attempts to drive a motor vehicle on a road—
“(a) while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle; or
“(b)if the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975.
“(1A) To avoid doubt, subsection (l)(b) does not limit subsection (l)(a).”
(Hon Steven Joyce)
New clause 7B:
To insert the following clause after clause 7A:
7BPerson in charge of motor vehicle causing injury or death
Section 61 is amended by repealing subsection (2) and substituting the following subsections:
“(2) A person commits an indictable offence if the person is in charge of a motor vehicle and causes bodily injury to, or the death of, a person—
“(a) while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle; or
“(b) if the blood of the person in charge, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975.
“(2A) To avoid doubt, subsection (2)(b) does not limit subsection (2)(a).”
(Hon Steven Joyce)
Clause 8:
To omit this clause and substitute the following clause:
8Causing injury or death in circumstances to which section 61 does not apply
(1) Section 62 is amended by repealing subsection (1) and substituting the following subsections:
“(1) A person commits an indictable offence if the person causes bodily injury to or the death of a person by carelessly driving a motor vehicle (in a manner that is not an offence against section 61)—
“(a) while under the influence of drink or a drug, or both; or
“(b) if the blood of the person driving, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975.
“(1A) To avoid doubt, subsection (1)(b) does not limit subsection (1)(a).
“(1B) A person commits an indictable offence if—
“(a) the person causes bodily injury to, or the death of, a person by driving or attempting to drive a motor vehicle; and
“(b)the person does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement ofiicer under section 71A; and
“(c) the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of—
“(i) a controlled drug; or
“(ii) any prescription medicine.”
(2) Section 62(2) is amended by inserting “or (1A)” after “subsection (1), ”.
(Hon Steven Joyce)
Clause 10: new section 71A:
To add the following subsection:
“(5) An enforcement officer may exercise the powers in subsections (1) and (2) in addition to any breath screening tests under section 68 or evidential breath tests under section 69 and regardless of the outcome of any such tests.”
(Hon Steven Joyce)
Clause 11 (2): new section 72(1B) and (1C):
To insert the following subsections after new section 72(1A):
“(1B) Subsection (1)(e) applies regardless of whether the person has failed any breath screening tests under section 68 or evidential breath tests under section 69 and regardless of the outcome of any such tests.
“(1C) An enforcement officer may exercise the powers in subsections (1) and (2) in addition to any breath screening tests under section 68 or evidential breath tests under section 69.”
(Hon Steven Joyce)
Resolved, That the amendments be agreed to.
Clause 17:
Amendment set out on Supplementary Order Paper No 25 (Te Ururoa Flavell).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
Resolved, That Part 1, as amended, stand part.
Part 2 read.
Resolved, That Part 2 stand part.
Schedule 1 read.
Resolved, That Schedule 1 stand part.
Schedule 2 read.
Resolved, That Schedule 2 stand part.
Clauses 1, 2, and 3 read.
Resolved, That clause 1 stand part.
Resolved, That clause 2 stand part.
Resolved, That clause 3 stand part.
The Chairperson announced that the Land Transport Amendment Bill (No 4) would be reported with amendment.
