2. How does a matter get to a JP Traffic Court?
As discussed in Part 1, in the Traffic Court, JPs hear either:
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Police category 1 offences; or
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infringement offences for which the defendant has requested a hearing
Category 1 offences are those which are not infringement offences, and those for which there is no term of imprisonment as a potential penalty. They also include offences that could be an infringement offence, but due to the seriousness of the offending, the enforcement authority has filed a charging document instead.
Offences listed in Schedule 1 of the Land Transport (Offences and Penalties) Regulations 1999 for which an infringement fee is specified are offences for which both an infringement notice could be issued to a person, or a charging document could be filed in court, depending on the seriousness of the offending.
A charging document is a document that an enforcement authority will file in a court to commence criminal proceedings: section 14 CPA. See Part 4(C) for a detailed explanation of a charging document.
See the Appendix at the end of this Part for a (non-exhaustive) list of category 1 offences which would automatically require the enforcement authority to file a charging document against the person who committed the offence and require that person to appear in the JP Traffic Court.
See Part 3 of this Guide for how to request a hearing for an infringement offence.
The process
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The proceedings commence when the relevant enforcement authority files a charging document or a notice of hearing (for challenged infringement offences) in a court. The court will be near the location of the alleged offending or where the authority believes you can be found: section 14 CPA.
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You will be summoned to court on a date and time. You will receive a court summons personally, or it will be sent to your last known address ( Note: It can also be left with a family member who appears to be older than 18 years of age living at your same address or left with your lawyer ): rule 2.5 of the Criminal Procedure Rules 2012.
Note: If the relevant authority tries to serve a charging document or a notice of hearing to you and makes reasonable efforts to do so, but you refuse to accept it, a warrant to arrest may be issued against you to bring you in front of a court: section 34 CPA.
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You must attend court at the date and time specified in the charging document/notice of hearing (unless you have entered a plea by filing a notice before your first appearance date: see Part 4(B) of this Guide).
Diagram of how a matter gets to the JP Traffic Court:
Appendix:
| Category 1 Offences | ||
| Land Transport Act 1998 | Section 31(1)(d)(i) | A person commits an offence if the person fails to surrender or return his or her drivers licence to the Agency, a person appointed by the Agency, a court, a constable, or an enforcement officer when required to do so by section 30(2), (3), (3A) or (4a). |
| Section 31(1)(d(ii) | A person commits an offence if the person fails to surrender or return his or her drivers licence to an employee or agent of the Ministry of Justice, or an enforcement officer, when required to do so by section 30(4B)(b). | |
| Section 33A | A person commits an offence if the person provides, or offers or agrees to provide, driving instruction in a motor vehicle for financial or commercial gain without an appropriate current driver license authorising the person to operate as a driving instructor. | |
| Section 34(1)(a) | A person commits an offence if the person operates an unsafe motor vehicle on a road. | |
| Section 34(1)(c) | A person commits an offence if the person fails to comply with the provisions of the regulations or the rules concerning evidence of vehicle inspection, certificates of loading, or the operation of a vehicle that is required to have such evidence or certificate or both. | |
| Section 36B(1)(a) | A person commits an offence if the person uses a traction engine without an appropriate qualification provided for in the regulations or the rules, for the purpose of qualifying the person to safely use the traction engine in a public place. | |
| Section 36B(1)(b) | A person commits an offence if the person uses a traction engine in a public place in a manner that, having regard to all the circumstances, is or might be dangerous to the public or to a person. | |
| Section 36(1)(c) | A person commits an offence if the person uses a traction engine in a public place without displaying current evidence of vehicle inspection or any other certificate or both (as may be required by the regulations or the rules). | |
| Section 36(1)(d) | A person commits an offence if the person fails to comply with the regulations or the rules concerning evidence of vehicle inspection or any other certificate required by the regulations or the rules, or concerning the use of a traction engine that is required to have such evidence or certificate or both. | |
| Section 37(1) | A person commits an offence if the person operates a vehicle on a road carelessly or without reasonable consideration for other persons using the road. | |
| Section 40(1) | A person commits an offence if the person contravenes a provision of an ordinary rule and the contravention of that provision is for the time being prescribed as an offence by regulations made under section 167. | |
| Section 41(1) | A person commits an offence if the person, without reasonable excuse, acts in contravention of or fails to comply with an emergency rule. | |
| Section 45(1) | A person commits an offence if the person, with intent to cause a false record of the distance travelled by a motor vehicle to be shown or recorded, makes or causes to be made any alteration to the distance recorder or to the vehicle. | |
| Section 47(1) | A person commits an offence if the person, without reasonable excuse, fails to provide the particulars specified under section 22(2) ( relating to driver’s duties when an accident occurs) when required to do so under that section. | |
| Section 47(2) | A person commits an offence if the person, without reasonable excuse, fails to report an accident involving an injury to or the death of a person, in accordance with section 22(3) (relating to driver’s duties when an accident occurs) when required to do so by that section. | |
| Section 48(1)(a) | A person commits an offence if the person, without reasonable excuse, fails to attend a driving improvement course or dangerous goods course in accordance with section 92(4), or neither attends nor pays the fee. | |
| Section 48(1)(b) | A person commits an offence if the person, without reasonable excuse, fails to complete a driving improvement course or dangerous goods course in accordance with section 92(4), or neither attends not pays the fee. | |
| Section 48(1)(c) | A person commits an offence if the person, without reasonable excuse, fails to pay the fee for a driving improvement course or dangerous goods course in accordance with section 92(4). | |
| Section 49(1)(a) | A person commits an offence if the person, without reasonable excuse and acting without authority under this Act, removes or releases from storage, a motor vehicle impounded under any of ss 96, 96A, 122, 123 and 249. | |
| Section 49(1)(b) | A person commits an offence if the person is a storage provider and fails or refuses, without reasonable excuse, to comply immediately with a direction under this Act to release a vehicle impounded under any of ss 96, 96A, 122, 123, and 249 to the owner or a person authorised by the owner. | |
| Section 51(1) | A person commits an offence if the person, without reasonable excuse, fails or refuses to comply with a requirement made under section 198 in relation to audit or inspection. | |
| Section 52A(a)(i) | A person commits an offence if the person is the driver of a vehicle that fails to stop as soon as practicable when signalled or requested to stop under section 114(1) ( relating to being stopped by an enforcement officer). | |
| Section 52A(1)(a)(ii) | A person commits an offence if the person is the driver of a vehicle that fails to stop when required to stop under section 114(2) (relating to being stopped by an enforcement officer when signalled to stop via siren or flashing blue and red lights). | |
| Section 52A(1)(b) | A person commits an offence if the person is the driver of a vehicle that is stopped and fails to remain stopped in accordance with section 114(2A) or (3)(a) (relating to remaining stopped when required to do so by an enforcement officer). | |
| Section 52A(1)(c) | A person commits an offence if the person fails or refuses to provide information or provides false or misleading information in response to a demand for information made by an enforcement officer under section 114(3)(b) (relating to the requirement to give information when stopped by an enforcement officer in a vehicle) . | |
| Section 54(1) | A person commits an offence if the person (other than an enforcement officer or a dangerous goods enforcement officer), without reasonable excuse, by words, conduct, or demeanour pretends to be an enforcement officer or a dangerous goods enforcement officer, or puts on or assumes the dress, name, designation, or description of an enforcement officer or dangerous goods enforcement officer. | |
| Section 55(1)(a) | A person commits an offence if the person tampers with approved vehicle surveillance equipment. | |
| Section 55(1)(b)(i) | A person commits an offence if the person interferes with approved vehicle surveillance equipment. | |
| Section 55(1)(b)(ii) | A person commits an offence if the person interferes with the operation of approved vehicle surveillance equipment. | |
| Section 59(1)(a) | A person commits an offence if the person fails or refuses to remain at the place where a person underwent a breath screening test under section 68 until after the result of the test is ascertained. | |
| Section 59(1)(b) | A person commits an offence if the person fails or refuses to accompany without delay an enforcement officer to a place when required to do so under section 69, 71A, 71B, 71E, 71F or 72. | |
| Section 59(1)(c)(i) | A person commits an offence if the person, having accompanied an enforcement officer to a place under a requirement under section 69, 71A, 71B, 71E, 71F or 72, fails or refuses to remain at that place until the person is required either to undergo an evidential breath test, oral fluid test, blood test or a compulsory impairment test under this Act. | |
| Section 59(1)(c)(ii) | A person commits an offence if the person, having accompanied an enforcement officer to a place under a requirement under section 69, 71A, 71B, 71E, 71F or 72, fails or refuses to accompany an enforcement officer to another place under any of those sections. | |
| Section 59(1)(d) | A person commits an offence if the person, having undergone an evidential breath test under a requirement under section 69, an oral fluid test under a requirement under any of sections 71A to 71C, or a compulsory impairment test under section 71F, fails or refuses to remain at the place where the person underwent the test until after the result of the test is ascertained. | |
| Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011 | Regulation 74 |
A person commits an offence if the person uses information to which the person has access by virtue of a notice published under section 241(1) of the Act
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| Regulation 75 | A person commits an offence if the person Impersonates another person in order to apply under section 236 of the Act for access to personal information relating to the other person. | |
| Regulation 76 | For the purposes of any application or notification under Part 17 of the Act or under these regulations, a person commits an offence if the person supplies to the Registrar (or to any person who is to make an such application or notification) any information that the person knows or ought to know is false or misleading in any material particular. | |
| Regulation 77(1)(a) | A person commits an offence if the person operates a motor vehicle in contravention of section 242(1) of the Act by driving it or using it on a road if the motor vehicle is not registered and licensed in accordance with Part 17 of the Act. | |
| Regulation 77(1)(b) | A person commits an offence if the person operates a motor vehicle in contravention of section 242(1) of the Act by driving it or using it on a road if the motor vehicle does not have affixed to it and displayed in the manner prescribed by these regulations the registration plates issued for it and a current licence issued for it and appropriate for its use. | |
| Regulation 77(2)(a) | A person commits a stationary vehicle offence if the person operates a motor vehicle in contravention of section 242(1) of the Act by causing or permitting it to be on a road or driven on a road if the motor vehicle is not registered and licensed in accordance with Part 17 of the Act. | |
| Regulation 77(2)(b) | A person commits a stationary vehicle offence if the person operates a motor vehicle in contravention of section 242(1) of the Act by causing or permitting it to be on a road or driven on a road if the motor vehicle does not have affixed to it and displayed in the manner prescribed by these regulations the registration plates issued for it and a current licence issued for it and appropriate for its use. | |
| Regulation 78(1) | A person commits an offence if the person, in contravention of section 242(2) of the Act, fails to keep the motor vehicle continuously licensed at times in accordance with Part 17 of the Act and ensure that the prescribed fees and accident insurance levies are paid. | |
| Regulation 79 | A person commits an offence if the person makes an application for the registration of a motor vehicle that is registered under Part 17 of the Act and the person knows or could reasonably be expected to know that the registration is in force. | |
| Regulation 80 | A person commits an offence if the person applies for a licence for a motor vehicle whose registration has been cancelled, unless the motor vehicle has been registered again and the prescribed registration fee has been paid. | |
| Regulation 81(1) | A person commits an offence if the person operates a motor vehicle for which a licence fee and accident insurance levy have been paid that are lower than the licence fee and accident insurance levy payable for motor vehicles of that class or use. | |
| Regulation 82(1) | A person commits an offence if the person fails to notify the Registrar of particulars in accordance with section 247 of the Act. | |
| Regulation 83 | A person commits an offence if the person fails to give the Registrar the notification required under regulation 6(1) or 18. | |
| Regulation 84(a) | A person commits an offence if the person uses a trade plate when the person is not eligible to apply for and receive trade plates. | |
| Regulation 84(b) | A person commits an offence if the person uses a trade plate in breach of any of the conditions set out in or imposed under regulation 26(2). | |
| Regulation 85(1)(a) | A person commits an offence if the person operates a motor vehicle by driving or using it on a road if the motor vehicle displays any registration plate or license that is not authorised to be affixed to the motor vehicle under Part 17 of the Act. | |
| Regulation 85(1)(b) | A person commits an offence if the person operates a motor vehicle by driving or using it on a road if the motor vehicle displays any object or design that is reasonably likely to be mistaken for a plate or license authorised to be affixed to a motor vehicle under Part 17 of the Act. | |
| Regulation 85(2)(a) | A person commits a stationary vehicle offence if the person operates a motor vehicle by causing or permitting it to be on a road if the motor vehicle displays any registration plate or license that is not authorised to be affixed to the motor vehicle under Part 17 of the Act. | |
| Regulation 85(2)(b) | A person commits a stationary vehicle offence if the person operates a motor vehicle by causing or permitting it to be on a road if the motor vehicle displays any object or design that is reasonably likely to be mistaken for a plate or license authorised to be affixed to a motor vehicle under Part 17 of the Act. | |
| Regulation 86 | A person commits a stationary vehicle offence if the person operates a motor vehicle on which an object or design is displayed and intends that the object or design will cause people to believe (mistakenly) that the appropriate registration plates are displayed, or the appropriate licence is displayed, on the motor vehicle in accordance with these regulations. | |
| Regulation 87(1) | A person commits an offence if the person operates a motor vehicle by driving or using it on a road if the motor vehicle has affixed to it any registration plate or license that is any way obscured, or is rendered or allowed to become not easily distinguishable, whether by night or by day. | |
| Regulation 87(2) | A person commits a stationary vehicle offence if the person operates a motor vehicle by causing or permitting it to be on a road if the motor vehicle has affixed to it any registration plate or license that is any way obscured, or is rendered or allowed to become not easily distinguishable, whether by night or by day. | |
| Regulation 88(1) | A person commits an offence if the person operates a motor vehicle by driving or using it on a road while an exemption under regulation 20 in respect of the motor vehicle is in force. | |
| Regulation 88(2) | A person commits a stationary vehicle offence if the person causes or permits a motor vehicle to be on a road while an exemption under regulation 20 in respect of the motor vehicle is in force. | |
| Regulation 89(a) | A person commits an offence if the person removes, obscures, or renders indistinguishable a notice affixed to a motor vehicle under section 248 of the Act, unless the person is a storage provider who is about to release the motor vehicle from storage under section 252 of the Act. | |
| Regulation 89(b)(i) | A person commits an offence if the person removes, obscures, or renders indistinguishable a notice affixed to a motor vehicle under section 248 of the Act, unless the notice has been revoked by the Police, if it had been issued by an enforcement officer. | |
| Regulation 89(b)(ii) | A person commits an offence if the person removes, obscures, or renders indistinguishable a notice affixed to a motor vehicle under section 248 of the Act, unless the notice has been revoked by a local authority, if it had been issued by an employee or an agent of the local authority. | |
| Regulation 90(1) | A person commits an offence if the person fails to surrender a registration plate or facsimile plate to the Registrar when required to do so under section 257(4) or section 265(1) of the Act. | |
| Regulation 90(2) | A person commits an offence if the person fails to surrender a registration plate or licence to the Registrar when required to do so under regulation 10, 43(8), 44(5), 60(3)(c), or 61. | |
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