Traffic compliance scheme
Version : 10.0
Detailed table of contents
This chapter contains the following topics:
Summary
• What is traffic compliance?
• Who can offer traffic compliance?
Qualification criteria for traffic compliance
Offering traffic compliance
• No traffic compliance if under 14 years of age
• Factors to consider
• Compliance procedure
Police Infringement Bureau role
• PIB procedure
• Traffic compliance scheme breaches
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
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Version : 10.0
Summary
This section contains the following topics:
• What is traffic compliance?
• Who can offer traffic compliance?
What is traffic compliance?
Traffic compliance is an alternative to paying a traffic infringement fine or prosecuting
for minor offences that fall within the qualification criteria. It is similar to the Police
diversion scheme, but to avoid confusion with court-ordered diversion, it is referred to as
traffic compliance.
It involves waiving a prosecution 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 fine
that would have been payable, into fixing the faults or problems that caused the offence.
Who can offer traffic compliance?
Constables and authorised officers issuing an infringement offence notice (ION) have the
discretion to offer traffic compliance subject to the qualification criteria.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
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Qualification criteria for traffic compliance
Constables and authorised officers issuing an (Infringement Offence Notice) ION can
offer traffic compliance subject to the offender meeting the qualification criteria listed in
this table.
Offence
Compliance may be Compliance
Do not offer
offered for…
conditions
compliance for…
Child safety
failing to use an
Allow 14 days to
failing to use an
restraints
approved child safety correct the fault.
approved child safety
restraint for a child
Offender
must
restraint for a child
under seven years, if provide proof of hire under seven in a
one is not fitted or
or purchase to ensure vehicle that has one
the one fitted is not
item is not borrowed. fitted.
approved
Warrant of
a WOF expired by up Allow 14 days to
• WOF has expired
fitness (WOF)
to one month
correct the fault.
by over one month
• no WOF is
displayed.
Minor vehicle
• minor vehicle
Allow 14 days to
serious vehicle
defects
defects
correct the fault.
defects.
• worn tyre
• light fitted but not
working
• noise or smoke
Driver licences • drivers licence
Allow 28 days to gain a graduated licence
expired less than
appropriate licence.
breach if the driver is
12 months ago
ineligible to progress
• never held an
If a licence test
GDLS licence classes.
appropriate drivers appointment is not
licence
available in this
A serious breach of a
• breach of
timeframe, PIB may
graduated drivers
graduated driver
extend.
licence conditions.
licence conditions
(where the
offender is eligible
to progress GDLS
licence classes)
• wrong licence
class.
Cycle helmets
• failure to wear an
Allow 14 days to
approved helmet is
approved helmet
correct the fault.
available but not
• no helmet
Offender
must
worn.
available.
provide proof of
purchase to ensure
item is not borrowed.
Cycle lighting
• light fitted but not Allow 14 days to
working
correct the fault.
• no light fitted.
Vehicle
• vehicle licence
Allow 14 days to
licensing
expired less than
comply.
12 months ago.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
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Offering traffic compliance
This section contains the following topics:
• No traffic compliance if under 14 years of age
• Factors to consider
• Compliance procedure
No traffic compliance if 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).
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 offender appear genuinely apologetic and responsive?
• 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 for repairs?
Compliance procedure
Once the decision is made to offer traffic compliance, these steps should be taken.
Step Action
1
Complete the ION as normal - 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.
Complete a copy of the Infringement Notice Compliance Form POL 1165
(available the Road Policing section of Police Forms in Word®) and hand to
offender.
Be specific, explain:
• what has to be fixed;
• when it has to be fixed by;
• that evidence of the fault being fixed must be sent to the PIB (address
supplied on the POL 1165);
• what to 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 fine) 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);
• the words “compliance offered” on the front of the ION and the number of
days the offer of compliance is valid for (14 or 28 days depending on the
offence); and
• if there is more than one offence, the traffic compliance notation must
clearly indicate which offence is applicable.
5
Give the offender the opportunity to ask final questions.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
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Police Infringement Bureau role
This section contains the following topics:
• PIB procedure
• Traffic compliance scheme breaches
PIB procedure
For traffic compliance the PIB follows these steps.
Step Action
1
An ION with traffic compliance details is received.
2
The ION details are entered in the appropriate database like any other ION,
and the final due date for fines payment is included.
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 adjudicator…
the offence…
and…
is satisfied with the
will be waived
a standard waiver letter
rectification proof
is sent to the offender.
is not satisfied with the will not be waived
a standard non-waiver
rectification proof
letter is sent to the
offender requiring fine
payment by the original
final due date (NB 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
enforcement.
Traffic compliance scheme breaches
If the PIB detects breaches of the traffic compliance policy, they must:
• notify the relevant District Commander to guide staff in correctly applying the policies
and procedures;
• maintain a record of notifications to District Commanders; and
• provide the National Manager: Road Policing with quarterly reports of these
notifications.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
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