Traffic compliance scheme

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Table of Contents
2
Policy statement and principles
3
What
3
Why
3
How
3
Guidance on traffic enforcement
4
Factors to consider
4
Written Traffic Warning
4
Traffic compliance
4
Who can offer traffic compliance?
4
Qualification criteria for traffic compliance
6
Offering traffic compliance
8
Drivers under 14 years of age
8
Factors to consider
8
Compliance procedure
8
Special operations
8
Police Infringement Bureau role
9
PIB procedure
9
Traffic compliance scheme breaches
9

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Policy statement and principles
What
Traffic compliance is an alternative to paying a traffic infringement fee or prosecuting for minor offences that fall within
the qualification criteria. The fee associated with an Infringement Offence Notice (ION) can be waived if the offender
(owner or driver) supplies evidence to Police, through the Police Infringement Bureau (PIB), that a defect has been
remedied or a requirement has been met.
Why
Traffic compliance is available only for a limited number of minor traffic infringement offences. Traffic compliance allows
the offender to achieve compliance through the redirection of the infringement fee, into fixing the faults or problems that
caused the infringement to be issued.
How
Warnings should not be issued for offences that are either emerging risks (such as illegal use of cell phones or other
devices, otherwise known as “Fatal Five” offences), or pose significant risks such as substantive breaches of
graduated licence conditions.
Both constables and appropriately warranted authorised officers can offer traffic compliance.
Traffic compliance can be offered for a limited number of minor traffic infringement offences only. Offences where a
charging document would be issued are not eligible for the traffic compliance scheme.
Traffic compliance cannot be offered to people under the age of 14 (infringements must not be issued to those under
the age of 14).
If compliance is offered as part of issuing an ION, the offender must be advised and informed of what they must do to
avoid paying the fee. The ION will identify which offence(s) have been offered compliance and details of the
compliance period.
PIB Adjudicators make the decision whether the offender has met the terms of the traffic compliance offer or not.
The PIB record the ION and the traffic compliance offer. PIB also record and may inform the appropriate district of
breaches of the traffic compliance policy.
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Traﬃc compliance scheme
Guidance on traffic enforcement
The intervention(s) used by constables is dependent on the individual circumstances, including the nature of the offending
committed by a driver. There are four main responses:
verbal warnings
written traffic warnings or traffic compliance
infringement offence notices
charging document.
Factors to consider
When deciding if offering traffic compliance is appropriate, consider the following:
What is the history of the offender, including any charge history, demerit history under driver licence, entries in the
'Warnings' node of the NIA person or dossier view and alerts for previous warnings?
Are there any mitigating or aggravating factors?
How serious was the incident?
What are the views of any victims or complainants and the degree of any loss or harm they may be facing?
Written Traffic Warning
Refer to the 'Written traffic warnings' chapter.
Traffic compliance
Traffic compliance is an alternative to paying a traffic infringement fee or prosecuting for minor offences that fall within
the qualification criteria. It is only available for traffic infringement offences listed in the qualification criteria table.
Offences where a charging document would be issued are not eligible for the traffic compliance scheme.
The Traffic Compliance Scheme involves waiving the notice if the offender (owner or driver) supplies evidence to Police,
through the Police Infringement Bureau (PIB) that a defect has been remedied or a requirement has been met. Traffic
compliance allows the offender to redirect the fee that would have been payable, towards fixing the faults or problems
that caused the infringement to be issued. This provides a better road safety outcome.
Who can offer traffic compliance?
Constables and appropriately warranted authorised officers issuing an infringement offence notice (ION) have the
discretion to offer traffic compliance subject to the qualification criteria.
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Traﬃc compliance scheme
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Qualification criteria for traffic compliance
Constables and Authorised Officers issuing an ION can offer traffic compliance subject to the offender meeting the
qualification criteria listed in this table. Offences where a charging document would be issued are not eligible for the
traffic compliance scheme (e.g. driving while forbidden).
Offence
Compliance may be offered for…
Compliance conditions
Do not offer compliance for…
Child
failing to use an approved child safety
Allow 14 days to correct the fault. Failing to use an approved child
safety
restraint for a child under seven years, if
safety restraint for a child under
restraints one is not fitted or the one fitted is not
Offender must provide proof of
seven in a vehicle that has one
approved
hire or purchase to ensure item is fitted.
not borrowed.
Warrant
a WOF expired by up to one month
Allow 14 days to obtain a WOF.
WOF has expired by over one
of fitness
month.
(WOF)*
No WOF is displayed.
Certificate a COF expired by up to seven days
Allow 14 days to obtain a COF.
COF has expired by over seven
of Fitness
days.
(COF)*
No COF is displayed
Minor
minor vehicle defects
Allow 14 days to correct the fault. Serious vehicle defects.
vehicle
worn tyre(s)
defects
light fitted but not working
noise or smoke.
Driver
drivers licence expired less than 12 Allow 28 days to gain appropriate A graduated licence breach if the
licences
months ago
licence.
driver is ineligible to progress
never held an appropriate drivers
GDLS licence classes.
licence
If a licence test appointment is not
breach of graduated driver licence available in this timeframe, PIB
A serious breach of a graduated
conditions
may extend.
drivers licence conditions.
including conditions imposed when
transitioning to a New Zealand
Consider if a local driver
Driver Licence from a overseas
mentoring programme may be a
licence**
suitable compliance option in the
wrong licence class.
circumstances.
Cycle
failure to wear an approved helmet Allow 14 days to correct the fault. Approved helmet is available but
helmets
no helmet available.
not worn.
Offender must provide proof of
purchase to ensure item is not
borrowed.
Cycle
light fitted but not working
Allow 14 days to correct the fault.
lighting
no light fitted.
Vehicle
vehicle licence expired less than 12 Allow 14 days to comply.

licensing
months ago
vehicle has a non-NZTA issued plate
on their vehicle.
* It is illegal to drive a vehicle on a road if it does not meet WOF/COF requirements or does not display a current WOF/COF
label. A vehicle may only be driven on the road under these circumstances, when safe to do so, if it is being driven
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Traﬃc compliance scheme
somewhere for repair or to get a new WOF/COF.
** For example, when a person has converted their overseas licence to a New Zealand Drivers Licence with the condition
that they must be ‘accompanied by a supervisor’ until a practical test has been sat. Compliance can be issued to encourage
drivers to sit this practical test.
Note: The PIB routinely check all vehicles detected speeding, by a speed camera, for a current WOF or COF. Any of these
vehicles that does not have a current WOF or COF for a period of seven days, from the date of the speeding offence, will be
issued an ION for no evidence of current vehicle inspection. This notice will have a 28 day compliance period, due to
additional processing times.
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Offering traffic compliance
Drivers under 14 years of age
Do not offer traffic compliance to people under the age of 14 years (infringements must not be issued to people under 14
years of age). Refer to the 'Offence notices' chapter for further information on traffic offending by children and young
persons
Factors to consider
To assist in the use of discretion and to make an appropriate decision, you should consider these factors:
Is this the first offence of this nature or has the offender come to notice for similar offences?
Does the explanation given appear reasonable?
Are there any aggravating factors?
How long has the offender been aware of the fault or problem?
What is their explanation why nothing has been done in the interim?
Is the vehicle booked in for repairs or a WOF/COF?
Compliance procedure
Once the decision is made to offer traffic compliance, these steps should be taken.
Step Action
1
Complete the ION as normal and select Compliance for the relevant infringement offence(s) - see 'ION procedure' in
the 'Offence notices' chapter.
2
Advise the offender traffic compliance is being offered and explain exactly what they must to do to obtain compliance
and avoid paying a fine.
Be specific and explain:
what has to be fixed
when it has to be fixed by
what to email or send to the PIB to prove the fault has been fixed and
the consequences of failing to comply.
3
Make it clear to the offender that traffic compliance does not allow them to continue committing the offence. It
simply allows time (and money saved by not paying the fee) to correct a fault or defect.
4
Once the offender understands their obligations, write the following details in the 'Notes' section of the ION:
the expiry date of the vehicle's WOF (if relevant)
add further information for adjudicators, and check the number of days that compliance is valid for (14 or 28
days depending on the offence) and
ensure the traffic compliance notes clearly indicate which offence the notes relate to.
5
Give the offender the opportunity to ask final questions.
Special operations
Districts may run specific traffic compliance operations, offering compliance outside of this policy, only with the approval
of the Manager Operations: Road Policing Support.
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Police Infringement Bureau role
PIB procedure
For traffic compliance the PIB follows these steps.
Step Action
1
An ION with traffic compliance details is received by the PIB.
2
The ION details are entered into PIPS like any other ION, and the final due date for fines payment is calculated.
3
When an offender accepts the compliance offer and sends PIB proof that the fault has been rectified before the final
due date, the PIB refers the ION to an adjudicator.
If the
the
adjudicator…
offence… and…
is satisfied with
will be
a standard waiver letter is sent to the offender.
the rectification waived
proof
is not satisfied
will not a standard non-waiver letter is sent to the offender requiring fine payment by the
with the
be
original final due date.
rectification
waived
proof
Note: The adjudicator has discretion and may extend this period if the original due date
does not allow a reasonable time for the offender to pay the infringement after the non-
waiver decision has been made).
4
If an offender who has been sent a non-waiver letter, does not pay the fine by the final due date, PIB refer the matter
to the Ministry of Justice for fines collection.
Traffic compliance scheme breaches
If the PIB detects breaches of this traffic compliance policy, they may notify the officer who issued the notice and their
immediate supervisor, as to the correct application of the policy and procedures.
Version number:
16
Owner:
NM: Road
Policing
Publication date:
30/05/2017
Last modified:
06/03/2019
Review date:
29/09/2019
Printed on : 14/08/2020
Printed from : http://tenone.police.govt.nz/pi/traffic-compliance-scheme
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Document Outline