Traffic compliance scheme
Version : 11.0
Detailed table of contents
This chapter contains the following topics:
Executive summary
Overview
• What is traffic compliance?
• Who can offer traffic compliance?
• Responding to non-compliance or unlawful behaviour by motorists
Qualification criteria for traffic compliance
• Child safety restraints
• Warrant of fitness (WOF)
• Minor vehicle defects
• Driver licences
• Cycle helmets
• Cycle lighting
• Vehicle licensing
Offering traffic compliance
• No traffic compliance if under 14 years of age
• Factors to consider
• Compliance procedure
General guidance on traffic warnings
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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Executive summary
Traffic compliance is an alternative to paying a traffic infringement fine or prosecuting
for minor offences that fall within the qualification criteria. The fine associated with an
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.
Traffic compliance is available for a limited number of minor traffic offences where an
Infringement Offence Notice (ION) would be issued only. Traffic compliance allows the
offender to redirect the fine that would have been payable, into fixing the faults or
problems that caused the infringement to be issued.
Traffic compliance allows time (and money saved by not paying the fine) to correct a
fault or defect, and avoid incurring an infringement fee. The key elements of the Traffic
Compliance Scheme are:
• Both constables and authorised officers can offer traffic compliance.
• Traffic compliance can be offered for a limited number of minor traffic offences only.
• The infringement must be one that matches the qualifying criteria. Offences where a
charging document would be issued are not eligible for the traffic compliance scheme.
• Traffic compliance does not allow the offender to continue committing the offence. It
allows time to correct the fault or defect. If the defect is rectified within the allotted
time and sufficient evidence is provided then the infringement can be waived, if not
then the infringement fee must be paid.
• Police Infringement Bureau (PIB) Adjudicators make the decision whether the
offender has met terms of the traffic compliance offer or not.
• Traffic compliance cannot be offered to people under the age of 14 (Infringements
must not be issued to those under the age of 14).
• An ION is completed as normal, the offender is advised that traffic compliance is
being offered and what exactly they must do to avoid paying the fine. The words
“compliance offered” are written in the notes section of the ION, along with the
number of days the compliance offer is valid for.
• The PIB record the ION and the traffic compliance offer.
• PIB also record and inform the appropriate district of breaches of the traffic
compliance policy.
Please Note: The issuing of Traffic compliance will become electronic as part of the
move to shift the issuing of IONs to the Mobility Platform. It is expected that this will
allow greater efficiencies and the removal of the opportunities for irregularities in the
delivery of the scheme. It will include advice about the Traffic compliance scheme offer
on the back of the notice.
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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Overview
This section contains the following topics:
• What is traffic compliance?
• Who can offer traffic compliance?
• Responding to non-compliance or unlawful behaviour by motorists
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 available for offences
where an Infringement Offence Notice (ION) would be issued only, offences where a
charging document would be issued are not eligible for the traffic compliance scheme.
The Traffic Compliance Scheme involves waiving the fine associated with an ION 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 infringement to be issued.
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.
Responding to non-compliance or unlawful behaviour by motorists
These interventions should be used dependent on the nature of the offending committed
by a driver
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The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
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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.
Page 4 of 9
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Qualification criteria for traffic compliance
This section contains the following topics:
• Child safety restraints
• Warrant of fitness (WOF)
• Minor vehicle defects
• Driver licences
• Cycle helmets
• Cycle lighting
• Vehicle licensing
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. 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 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
• drivers licence
Allow 28 days to gain a graduated licence
licences
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.
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The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
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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.
Be specific, explain:
• what has to be fixed;
• when it has to be fixed by;
• 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.
Page 7 of 9
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General guidance on traffic warnings
Verbal warnings should only be given to motorists when they commit offences that are
considered minor breaches of traffic law and are likely to be “one-off”, such as changing
lanes without indicating.
The circumstances justifying the use of verbal warnings will be dependent on the nature
of the offences and the history of the driver. While constables are able to use their
discretion, they must be satisfied that the offending would not better warrant the use of
a Written Traffic Warning (WTW) or more stringent intervention.
Traffic Compliance is available for offences where an Infringement Offence Notice (ION)
would be issued only, offences where a charging document would be issued are not
eligible for the traffic compliance scheme.
Verbal warnings can accompany other actions, such as an infringement notice or written
traffic warning. A key thing to remember is that by not recording an action, a driver may
continue to repeat the behaviour.
A verbal warning can be given to other road users, such as pedestrians and cyclists.
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.
Page 8 of 9
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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 is sent to
rectification proof
the offender.
is not satisfied with
will not be
a standard non-waiver letter is
the rectification proof waived
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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