A limited licence allows you to drive under certain conditions and for specific purposes, even while your full licence remains suspended or disqualified. They are only granted to mitigate extreme hardship to you or undue hardship to another person. Examples of extreme hardship can be when you need to be able to drive to continue working (and the inability to do so could lead to the loss of your employment, which would then prevent you from meeting your financial obligations).
If you have been suspended or disqualified from driving, you may be able to apply for a limited licence. Put simply, it is at the discretion of the court, and you are not guaranteed to get a limited licence. There are many technical aspects to the eligibility criteria and the requirements of an application. This is where engaging a lawyer can maximise your chances of success.
Who can’t apply?
You cannot apply for a limited licence if:
- You have been disqualified indefinitely under s 65 of the Land Transport Act 1998;
- You’ve been disqualified from driving a vehicle being used in a transport service (if the licence would be used in a transport service);
- Your current disqualification arose because you were driving whilst disqualified, or in breach of a limited licence;
- An alcohol interlock was ordered because your breath level was 800 micrograms per litre of breath or higher (or 160 milligrams of alcohol per 100 millilitres of blood);
- You have committed a serious driving offence within the last 5 years, and your current disqualification was also a serious driving offence;
- You are subject to a driver licence stop order.
If none of the above apply to you, then you may be able to apply for a limited licence.
However, you cannot obtain an order for a limited licence for 28 days from the date the order of disqualification or suspension takes effect (generally) where the offence carried a mandatory suspension or disqualification. You are able to file the application before the 28 day stand down period has ended.
How to apply for a limited licence?
Preparing your documents
Your lawyer will prepare a court application, affidavits detailing your circumstances and the reasons behind your application, together with a draft order).
The Police may oppose the application. So, we routinely seek the local Police Prosecutions feedback on a draft application to address any concerns the Police may have before filing. Provided you are not prohibited from applying, the proposed draft order contains the mandatory conditions, the need for a licence is supported by evidence of extreme or undue hardship, the conditions are appropriate, and the granting of the orders is not contrary to the interests of public safety (for example you do not have a long and persistent history of speeding), then Police are not likely to oppose the application.
Filing the application with the Court
The application, supporting affidavits and evidence, and a draft order will then be filed in the Court that suspended your licence. A limited licence clearly states the permitted times, locations, and purposes for your driving. For example, it might restrict you to certain hours, specific routes, or driving only for work commutes. Where a limited licence application is unopposed by Police, a Judge may consider the application ‘on the papers’ in Chambers (and so not requiring you to appear in Court to hear it).
However, if the Judge is not prepared to hear it on the papers, (as either Police oppose the application, the Judge wants to question a deponent (someone who has sworn/affirmed an affidavit), or is otherwise not prepared to hear it on the papers, you will then need to attend a hearing at the District Court with your lawyer. Any deponent supporting your application will also need to appear and be prepared to be questioned in court. After questioning any deponents and hearing arguments from your lawyer and the Police Prosecutor the judge will decide whether to grant you a limited licence or not.
The order is not itself a licence to drive. If the court order is granted, you must get a limited licence from Waka Kotahi NZ Transport Agency before you drive.
Application with Waka Kotahi
After receiving your sealed court order, you will need to fill out the Application for issue of a limited licence form, pay the application fee, and present both your identification and court order.
This application will then be assessed to conclude if your limited licence can be immediately issued.
How much does it cost?
On top of lawyer fees, an application in the District Court costs $165 if you were disqualified from driving, and $260 if you lost your licence due to demerit points. If granted, you will need to pay an additional $65 sealing fee before you approach the Transport Agency.
If granted, you will then need to pay the Waka Kotahi $48.70 application fee.
Driving with a limited licence
You will receive your limited licence in the mail soon after your application is approved. You must always carry this licence and your court order when you are driving.
If your limited licence is subject to conditions (these will be written in your court order), then you must comply with these conditions. For example, you may also be required to carry a logbook and record all of your driving hours. It is important to note that driving outside of the permitted conditions of your limited licence could result in another offence, so it is important you are compliant.
What does this mean for you?
Applying for a limited licence is a technical process which can become costly if you do not get it right. If an application is refused, you will generally have to wait three months before a Court will consider a further application. If you want to maximise the chance that the Court grants your application, you will likely need to engage a lawyer to assist you.
The first step in getting support is to talk with a lawyer from Frontline Law about your situation and see what options we can offer you. Contact Frontline Law for a free initial consultation.
*The information in this blog post is general in nature and is not legal advice. If you need advice, you should contact us about your specific situation.
