Thread: DUI driving restrictions on private land?

to cut a long story short a shepherd on my parents farm crashed his ute on the public gravel road near home and looks likely to lose his license due to blood alcohol reading

according to the old lady a certain cop has been very insistent that he cannot drive a vehicle even on private farmland while his license is revoked. even went as far as insisting he couldn't drive the side x side on the farm. i cannot believe this to be correct

surely a few on here have experience with this situation and could verify?

No experience or knowledge but I thought that on private land it was up to landowner. Know that I have driven on private roads well over the legal limit in the past.

Same applies for wof and rego, no need if not on public roads so why do you need a licence

The cop is bullshitting! Section 5 of the Land Transport Act makes it clear that a license is needed to drive on a public road. Private land is exempt from a drivers license, registration, WOF, or any other bureacratic money-grabbing crap. What may well need looking at is the ramifications of the Health & Safety regulations if he is an employee (more bureacratic crap!).

Insurance might be questionable without a licence driving farm machinery

The legal definition of a road is very broad. From memory its goes something like, Places where public have access whether of right or not. So a tanker track is a road, a paddock with a open gate onto a road is a road, close the gate and its a paddock. We were told at some farming course that if someone has a accident on a farm, close the gate so its not a road, also remember that all vehicles have to be up to warrantable standards. With the elf and safety today if something happens and its not up to scratch your in the shit over your head. Indeed the modern PC world is bullshit,

He should be charged with using a mobile phone ( not hands free) when driving. Thats a bigger h&s risk than no lid. Remember that if it goes any further

Originally Posted by Tussock

Its in that grey area where police are delving into OSH enforcement, OSH laws being largely undefined they have quite unlimited power to dictate what you do and do not do on "your" land.

Police don't have any authority for enforcement of HSWA. Worksafe NZ is the regulator, the only other agencies to have been given authority to exercise powers under HSWA are the CAA NZ and Maritime NZ, in their respective sectors.

Nobody has "unlimited power".

Tell him good luck catching him when he can't even go on the land.

You don't need a licence to ride a quad or 4x4 basically need to be over 16 not under influence of alcohol as per manufacturer recommendations etc etc ..only implication maybe Osh if a tractor or farm ute accident occurred. Only need a license when on public roads in a tractor.

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What's he gonna do? Flick his lights and siren on in the commodore and chase you up a ridge?

I think its a diff situation though when someone has had license revoked...they have been explicitly asked NOT to drive. Similar to someone who has had their FA License revoked, they are no longer free to use firearm even under supervision of someone who does have fa lic....

When I was truck driving many moons ago lost license for 1 mth for not filling out logbook correctly.. got to choose month off and could still drive my car and bike.

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Originally Posted by dirtyhabit

I think its a diff situation though when someone has had license revoked...they have been explicitly asked NOT to drive. Similar to someone who has had their FA License revoked, they are no longer free to use firearm even under supervision of someone who does have fa lic....

So by your logic if you were the motocross or enduro world champion and you had your license revoked for getting caught doing 141kph on a deserted flat road in your commodore you could no longer work by racing on closed courses or practise on the back of the farm.
I dont think so, lets remember "the courts are not in the business of ruining careers"

No no not my logic at all...

And to be fair, it isnt the courts ruining their career, it would be the fault.of the person breaking the law wouldnt it?