Driving and traffic law
General driving offences
Unsafe driving
Driving recklessly or dangerously
Land Transport Act 1998, ss 7, 35, 36, 36AA
You must not drive recklessly, or drive at a speed or in a way that is or could be dangerous. For this you can be imprisoned for up to three months or fined up to $4,500, and you must be disqualified for six months or more.
If you injure someone through reckless or dangerous driving, you can be imprisoned for up to five years or fined up to $20,000, and you must be disqualified for at least one year. If someone is killed you can be imprisoned for up to 10 years or fined up to $20,000, and you must be disqualified for at least one year.
In the most serious cases, you could be charged with manslaughter if you kill someone while driving illegally (for example, if you were driving recklessly while under the influence of illegal drugs). Manslaughter carries a maximum sentence of life imprisonment.
Careless or inconsiderate driving
Land Transport Act 1998, ss 8, 37–39 Case: Kay v Butterworth (1945) 61 TLR 452
You must not drive carelessly or without reasonable consideration for other people. For this you can be fined up to $3,000 and disqualified for a period decided by the judge.
If you injure or kill someone through careless or inconsiderate driving, you can be imprisoned for up to three months or fined up to $4,500, and you must be disqualified for at least six months.
When someone is injured or killed because of your careless driving, the penalty is greater still if you were speeding, or overtaking illegally, or on the wrong side of the road. In those cases you can be imprisoned for up to three years or fined up to $10,000, and you must be disqualified for at least one year.
You can be found guilty of careless driving even if your actions were not intentional (for example, if you were meaning to concentrate on the road, but instead fell asleep due to tiredness).
Note: Careless driving can be committed with any vehicle, not just a motor vehicle. This can include bicycles, skateboards, in-line skates, and roller skates.
Using a mobile phone while driving
Land Transport (Road User) Rule 2004, rule 7.3A
In general, you cannot use your mobile phone while driving. This ban covers situations where you’re holding the phone and using it to text, email, make calls, watch videos, or for any other communication. It includes when you’re stopping at an intersection, traffic lights, or you’re waiting in a queue of traffic. The penalty for this is a $150 fine and 20 demerit points.
You are permitted to use your mobile phone while driving, if:
- it is an emergency, and
- you are calling police on 111 or *555, and
- it is unsafe or impractical to pull over.
You are also permitted to use your mobile phone for calls and other functions while driving when it’s “hands-free” – for example, when your phone is mounted on the dashboard with voice recognition on. NZTA recommends this for things like navigation and music that you set up before you start driving. If you have to touch the phone in order to answer a call or change a song, then this is not “hands-free”.
For a full breakdown of legal phone use while driving, go to “Legal mobile phone use while driving” on NZTA’s website.
