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Red light cameras and infringement notices

Key Takeaway

In New Zealand, red light camera infringement notices are issued when a vehicle breaches traffic signal rules. The registered owner is typically held liable. Recipients can pay the fine, nominate another driver if applicable, or dispute the notice by requesting a court hearing. Demerit points may also apply. Failing to respond can lead to further penalties and court fines.

Red Light Camera Infringement Notices in New Zealand

Red light cameras are automated devices used to detect vehicles that proceed through a controlled intersection after the traffic signal has turned red. When a vehicle is detected breaching this rule, an infringement notice is typically issued to the registered owner of the vehicle. An infringement notice is a formal document issued by an enforcement agency, such as the Police, advising that a minor offence (an 'infringement offence') has allegedly been committed and offering the option to pay a set fee instead of being prosecuted through court [Source: Land Transport Act 1998, s 136].

The Offence of Running a Red Light

Drivers approaching a traffic signal displaying a red light, or a red arrow, are legally required to stop. Specifically, a driver approaching a red signal must stop the vehicle before any stop line, or if there is no stop line, before any part of the vehicle enters the intersection [Source: Land Transport (Road User) Rule 2004, rule 3.3(1)(a)]. Proceeding through an intersection on a red light constitutes an offence under New Zealand law [Source: Land Transport (Road User) Rule 2004, rule 3.3(1)]. Red light cameras are a technological means of identifying such breaches.

Issuing an Infringement Notice

If a red light camera records a vehicle running a red light, an infringement notice is usually sent to the registered owner of the vehicle. This notice will outline the details of the alleged offence, including the date, time, and location, and the amount of the infringement fee [Source: Land Transport Act 1998, s 139]. The notice must also state the period within which the fee must be paid or acted upon, and the consequences of failing to do so [Source: Land Transport Act 1998, s 139(2)].

Owner Liability

The registered owner of a vehicle is generally deemed liable for any infringement offence detected by an approved vehicle surveillance camera, such as a red light camera, unless certain conditions apply [Source: Land Transport Act 1998, s 133(1)]. This means that even if the registered owner was not the driver at the time of the offence, they are initially considered responsible for the infringement fee.

However, there are exceptions to this rule. The owner is not liable if the vehicle was stolen at the time of the offence, and they report this to the enforcement agency within a specified timeframe [Source: Land Transport Act 1998, s 133(2)(a)]. Additionally, the owner can avoid liability by providing a statutory declaration that identifies the driver of the vehicle at the time of the offence [Source: Land Transport Act 1998, s 133(3)].

Options Upon Receiving an Infringement Notice

Upon receiving a red light camera infringement notice, the registered owner has several options:

  • Pay the Infringement Fee: The simplest option is to pay the infringement fee specified on the notice [Source: Land Transport Act 1998, s 139(2)(a)]. The fee for running a red light is prescribed in regulations [Source: Land Transport (Offences) Regulations 1999, Schedule 1]. Payment must be made by the due date specified on the notice to avoid further penalties.
  • Nominate Another Driver: If the registered owner was not driving the vehicle at the time of the offence, they can nominate the actual driver. This involves completing and submitting a statutory declaration that includes the full name and address of the person who was driving [Source: Land Transport Act 1998, s 133(3)(a)]. This declaration must be received by the enforcement agency before the expiry of the period for paying the fee or requesting a hearing, or within 28 days after the notice is served, whichever is later [Source: Land Transport Act 1998, s 133(4)]. If a valid nomination is made, a new infringement notice will typically be issued to the nominated driver.
  • Request a Hearing: The recipient of an infringement notice has the right to request a court hearing to dispute the alleged offence [Source: Land Transport Act 1998, s 139(2)(b)]. This must be done in writing to the enforcement agency that issued the notice, before the due date for payment. Grounds for disputing the notice may include mistaken identity, the vehicle being stolen, or an incorrect assessment of the circumstances leading to the alleged offence [Source: Land Transport Act 1998, s 140(1)(c)]. If a hearing is requested, the matter will proceed to a District Court where the enforcement agency must prove the offence occurred.

Demerit Points

In addition to the infringement fee, certain traffic offences, including running a red light, may incur demerit points [Source: Land Transport (Offences) Regulations 1999, Regulation 4(1)]. The number of demerit points for running a red light is specified in the relevant regulations [Source: Land Transport (Offences) Regulations 1999, Schedule 2]. Accumulating too many demerit points within a specific period can lead to the suspension of a driver's licence [Source: Land Transport Act 1998, s 90].

Consequences of Non-Payment or Failure to Act

If the infringement fee is not paid, a driver is not nominated, or a hearing is not requested by the specified due date, the infringement notice may be lodged with the District Court [Source: Land Transport Act 1998, s 142(1)]. Once lodged, the infringement fee becomes an enforceable fine, and additional court costs and fees may be added [Source: Land Transport Act 1998, s 142(4)]. The Ministry of Justice then becomes responsible for the collection of the fine, which can involve enforcement measures such as deduction from wages or bank accounts, property seizure, or even a driver's licence suspension [Source: Land Transport Act 1998, s 142(5)].

When to Seek Independent Legal Advice

Individuals seeking specific guidance on their personal situation regarding a red light camera infringement notice, or clarification on complex legal processes, are encouraged to consult with a lawyer or contact a free legal service. Community Law Centres across New Zealand offer free legal advice for those who qualify. This information does not constitute legal advice and should not be relied upon as such. Further assistance can be obtained from official government bodies.

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