Limited Licences in New Zealand
New Zealand has one of the highest rates of car ownership in the world. Many people rely on their cars to get to work, support family, or manage daily life.
If your driver licence has been suspended or you have been disqualified from holding a driver licence under the Land Transport Act 1998, you may be able to apply for a limited licence, but only in certain situations.
Reasons for suspension or disqualification
Your licence can be taken away for various reasons including:
- Accruing too many demerit points in a 2-year period (e.g. from speeding fines)
- A conviction for driving with excess breath alcohol
- A conviction for driving recklessly or carelessly
In some cases, the suspension or disqualification happens automatically following notice. In other situations, the disqualification takes effect after a conviction. If you drive during the period of suspension/disqualification, you can be convicted for driving whilst disqualified.
What Is a Limited Licence?
A limited licence is a special Court-ordered licence that lets you drive only for specific reasons and usually with limitations such as driving during set times or to certain places. They are often referred to as a work licence however the Court may grant one for other purposes. It is not a full unrestricted licence, and it will not be granted because losing your licence is inconvenient.
You must prove that:
- You (the applicant) would suffer extreme hardship, or
- Someone else would suffer undue hardship if you can’t drive (like a family member or employer who depends on you), and
- Public safety would not be put at risk by allowing you to drive in a limited way.
If the judge agrees, they can grant a limited licence but only to reduce the hardship, and only for the essential purpose (like going to work, or commitments to dependants).
Example: Losing Your Job
If you might lose your job because you can’t drive, this could count as extreme hardship. A judge may allow you to drive:
- To and from work, and
- During work hours (for example, if you’re a tradesperson who needs a van to carry tools and/or building materials)
Conditions for Limited Licences
If the Court approves your application, your driving will be restricted to such an extent that the Court considers necessary in order to ensure public safety concerns are alleviated. The Court may add conditions to reduce risk to public safety. For example:
- If your licence was suspended for drink driving, the Court may require you to have zero alcohol in your system when driving.
- If your licence was suspended due to speeding, you may be required to strictly follow speed limits and not exceed this by any margin.
Summary
A limited licence is an indulgence, not a right. It helps people in genuine hardship. It is not a way to get around the law. You must follow all conditions set by the Court and use the licence only for the approved purpose.
If you’re considering applying, or would like to discuss your circumstances in relation to a suspension or disqualification of your licence, please don’t hesitate to contact Harmans on (03) 379 7835 or visit https://www.harmans.co.nz/contact/