The offence of failing to stop a vehicle or remain stopped is a common criminal offence that often accompanies other traffic charges. A conviction for this offence can result in a lengthy period of disqualification from holding or obtaining a driver’s licence.

As of 1 March 2024 it can also result in the forfeiture of the vehicle driven; mandatorily in the case of repeat offenders.

Failing to stop / failing to remain stopped – Land Transport Act 1998

A driver commits an offence under s 52A(1) or (2) if they fail to stop their vehicle when signalled to stop (s 114(1)); or when a siren is sounded; or red and blue (or just blue) lights are flashed (s 114(2)).

The penalties are:-

First offence: maximum fine of $10,000

First offence + speeding or driving dangerously: $10,000 maximum fine and mandatory six month disqualification from holding or obtaining a licence

Second offence: $10,000 maximum fine and disqualification between one and two years

Third or subsequent offence: maximum of 3 months’ imprisonment and two year disqualification

These disqualifications are cumulative on any other disqualification imposed on the same set of facts (s 52A(6)).

Failing to stop – Search and Surveillance Act 2012

There is, however, a provision under s 177 of the Search and Surveillance Act 2012 making it an offence to fail to stop ‘when required to do so by an enforcement officer exercising a power to stop and search a vehicle’ (s 177(1)). The maximum sanction for this charge is three months’ imprisonment and does not provide for disqualification.

This would appear to cover the situations that would normally attract a charge under s 52A of the Land Transport Act 1998 for not complying with the s 114 power to require a driver to stop and give name, address and other limited details. It also expands the ambit to include the power to search a vehicle. It does not cover a situation in which a siren is sounded or red and blue (or just blue) lights are flashed.

It is not uncommon for years-long disqualifications to result from a tranche of driving-related offending (see s 52A(6)) so this provision could be a useful substitute for a s 52A Land Transport Act 1998 charge for the purposes of resolution discussions in order to minimise the period of disqualification. There is a public interest purpose in minimising the high likelihood of further offences of driving while disqualified that tend to flow from very lengthy disqualifications.

Forfeiture of vehicle used in offence of failing to stop / remain stopped – s 142AAB Sentencing Act 2002

As of 1 March 2024, s 142AAB of the Sentencing Act 2002 allows the Court to make an order upon conviction that the vehicle used in the offending is forfeited to the Crown as long as the Court is satisfied that the driver owns or has an interest in that vehicle.

The mechanics of these orders are dealt with in s 128(3A) to (5) (for confiscation) and s 142AAF (for forfeiture).

Discretionary confiscation of motor vehicle for first offence

For a first offence the power is discretionary and the Court must have regard to undue hardship to the offender, undue hardship to any other person who otherwise use the vehicle on a regular basis, and the nature and extent of the offender’s interest in the vehicle (s 128(5) Sentencing Act 2002).

Mandatory confiscation of motor vehicle for second or subsequent offence

For a second or subsequent offence against s 52A(1)(a) or (b) of the Land Transport Act 1998, the Court must make a confiscation order under s 129(3) Sentencing Act 2002 or order that the vehicle is forfeited to the Crown under s 142AAB.

Section 129(1) outlines the offences to which this applies and that the subsequence lasts for a period of four years after the first offence.

The standard of hardship to which the Court must have regard before making the forfeiture order becomes ‘extreme hardship for the offender or undue hardship for any other person’ (s 129(4)(a)).