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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22969
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Why were we issued $100.00 per passenger and the loss of 35

Customer Question

Why were we issued $100.00 per passenger and the loss of 35 demerit points on each of our licence we were passengers in a car driven by a restricted driver
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

I am looking for the relevant part of the Land Transport Licensing Rules. Does your infringement notice cite any particular rules? I have not found anything so far to support this.

Customer: replied 1 year ago.
Hi Chris thanks for the quick response I have attached a copy of the ticket issued.
Expert:  Chris The Lawyer replied 1 year ago.

The issue in this case is first whether you actually knew that the driver was restricted. You can only be charged with aiding someone to commit an offence, if you had the necessary knowledge. However now that I have seen the ticket, I suspect that the police are attempting to use the provisions of the Crimes Act which referred to aiding and abetting someone to commit an offence. It is of course an offence under the Land Transport Driver Licensing Rules*****contrary to the conditions of a restricted license, and this carries 35 demerit points, plus the fine. Section 66 of the Crimes Act does say that anyone is a party to an offence who abets any person to commit the offence or incites someone to commit the offence. So if you did not know that the driver was restricted, then you should defend this case.