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Assessing the Fitness to Drive of People Sentenced under Section 65 of the Land Transport Act 1998: Standard Operating Procedures

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MIL OSI – Source: New Zealand Ministry of Health – Release/Statement

Headline: Assessing the Fitness to Drive of People Sentenced under Section 65 of the Land Transport Act 1998: Standard Operating Procedures

These operating procedures clarify the responsibilities of assessment centres and standardise the process that needs to be followed when carrying out fitness to drive assessments under section 65 of the Land Transport Act 1998 (the Act).

Section 65 of the Act relates to the mandatory penalties for repeat driving offences involving the use of alcohol or drugs. A person sentenced under section 65 of the Act must attend an assessment centre and is disqualified from holding or obtaining a driver licence until the Chief Executive of the New Zealand Transport Agency (NZTA) removes that disqualification.

These operating procedures provide the framework for effectively assessing a person’s alcohol and other drug use in relation to the risk of them re-offending because of impaired driving.  The process outlined in these operating procedures has been developed to minimise these road safety risks. It has three key objectives:

  • to promote community safety by assessing the fitness to drive of repeat offenders sentenced for offences involving alcohol and other drugs 
  • to use section 65 of the Land Transport Act 1998 (the Act) to maximise the opportunity to change thinking and behaviour in repeat offenders convicted of offences involving alcohol and other drug use
  • to ensure a consistent nationwide approach to the process that allows people sentenced under section 65 of the Act to apply to have their disqualification from driving removed. 

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