Road Transport (General) Act 2005 No 11
Current version for 20 November 2012 to date (accessed 23 May 2013 at 20:39)
Chapter 4Part 4.3

Part 4.3 Identity powers

171   Authorised officer may require production of driver licence and name and address from driver or rider

(cf former Act, s 19)

(1)  An authorised officer may, in the execution of his or her functions under the road transport legislation, require the driver or rider of a vehicle or horse to do any or all of the following:
(a)  produce his or her driver licence (in the case of the driver of a motor vehicle),
(b)  state his or her name,
(c)  state his or her home address.
(2)  A person must not:
(a)  refuse to comply with a requirement of an authorised officer under subsection (1), or
(b)  state a false name or home address.

Maximum penalty: 20 penalty units.

(3)  In subsection (1), a reference to a driver of a vehicle (in the case of a motor vehicle) includes, where the driver is the holder of a learner licence and the motor vehicle is not a motor cycle, a reference to a holder of a driver licence occupying the seat in or on the motor vehicle next to the driver.

172   Authorised officer may require production of driver licence and name and address from certain passengers

(cf former Act, s 20)

(1)  A person occupying the seat in or on a motor vehicle (other than a motor cycle) next to a driver who holds a learner licence must, when required to do so by an authorised officer, produce the person’s driver licence and state the person’s name and home address.

Maximum penalty: 20 penalty units.

(2)  A person accompanying another person who is attending a motor registry for the purpose of undergoing any test or examination required by the road transport legislation must, on request, produce his or her driver licence and state his or her name and home address if:
(a)  the request is made by an authorised officer, and
(b)  the person making the request believes on reasonable grounds that the person accompanying the person who is to undergo the test or examination has been giving driving instruction to that person.

Maximum penalty: 20 penalty units.

(3)  In this section:

motor registry means a place at which registration of a vehicle can be effected by or on behalf of the Authority.

173   Authorised officer may require responsible person for vehicle and others to disclose identity of driver who commits offence

(cf former Act, s 21)

(1)  If the driver of a motor vehicle is alleged to have committed an offence under the road transport legislation:
(a)  the responsible person for the vehicle, or the person having the custody of the vehicle, must, when required to do so by an authorised officer, immediately give information (which must, if so required, be given in the form of a written statement signed by the responsible person) as to the name and home address of the driver, and
(b)  any other person must, if required to do so by an authorised officer, give any information that it is in the person’s power to give and that may lead to the identification of the driver.

Maximum penalty: 20 penalty units.

(2)  It is a defence to a prosecution for an offence under subsection (1) (a) if the defendant proves to the satisfaction of the court that he or she did not know and could not with reasonable diligence have ascertained the driver’s name and home address.
(3)  A written statement purporting to be given under subsection (1) (a) and to contain particulars of the name and home address of the driver of a motor vehicle at the time of commission of an alleged offence under the road transport legislation that is produced in any court in proceedings against the person named in the statement as the driver for such an offence is evidence without proof of signature that the person was the driver of the vehicle at the time of the alleged offence if the person does not appear before the court.
(4)  In this section, responsible person has the same meaning as it has in Chapter 3.

174   Production of driver licence to court

(cf former Act, s 22)

(1)  A person who is the holder of a driver licence and who is charged with a breach of the road transport legislation must produce his or her driver licence to the court at the hearing of the charge.
(2)  A person must not, without reasonable excuse, fail to comply with subsection (1).

Maximum penalty: 20 penalty units.

175   Unauthorised demand for production of driver licence

(cf former Act, s 23)

(1)  A person must not (knowing that he or she is not by law authorised to require its production) demand production by another person of that other person’s driver licence.

Maximum penalty: 20 penalty units.

(2)  For the purposes of this section, the making of a statement that could reasonably be understood, by the person to whom the statement is made, as indicating that that person is being required to produce his or her driver licence is taken to be a demand for its production.
(3)  Nothing in this section prohibits a request for production of a driver licence as a means of evidencing the identity or age of a person:
(a)  in connection with the supply of any goods or services, or
(b)  in connection with the conferring of any right, title or benefit, or
(c)  in other circumstances,
      where it is reasonable for the person making the request to require evidence of the other person’s identity or age.
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