Suspended from driving due to too many demerit points? You might still be able to drive legally.
Unlike some other disqualifications, demerit point suspensions do allow applications for limited licences under section 103(1)(b) of the Land Transport Act.
How Demerit Suspensions Work
Section 90 of the Land Transport Act imposes a 3-month suspension if you accumulate 100 or more demerit points within 2 years. This is an automatic administrative process -- no court hearing is required for the suspension itself.
Common Offences That Add Demerit Points:
- Speeding offences (10-40 points depending on speed)
- Following too closely (25 points)
- Careless driving (25 points)
- Using mobile phone while driving (20 points)
- Not wearing seatbelt (20 points)
- Running red lights (20 points)
Applying for a Limited Licence
Section 103(1)(b) specifically allows limited licence applications for demerit point suspensions, provided you can demonstrate:
- Extreme hardship to you or undue hardship to someone else
- Public safety concerns are adequately addressed
- Proposed driving is limited to essential purposes only
Evidence Required
Affidavit from Your Employer
This is often the strongest evidence. Your employer must swear that your job requires driving and that alternative arrangements (like public transport or colleagues driving) are not viable.
Defined Driving Times and Routes
Be specific about when and where you need to drive. Courts prefer tight restrictions that demonstrate genuine need without compromising public safety.
Proof of No Viable Alternatives
Show that public transport, ride-sharing, or other family members cannot meet your essential transport needs.
Key Differences from Other Disqualifications
| Type of Disqualification | Limited Licence Allowed? | Waiting Period |
|---|---|---|
| Demerit Point Suspension (s90) | Yes | None |
| Drink Driving (s65) | No | N/A |
| General Offences | Usually | Sometimes 28 days |
Court Process for Demerit Point Limited Licences
- File your application at the District Court in your area
- Serve notice to Police -- they have the right to oppose your application
- Prepare your evidence -- gather affidavits and supporting documents
- Attend the court hearing -- be ready to explain your circumstances
- If successful -- take your court order to Waka Kotahi for licence issue
Success Tips
Be Honest About Why You Accumulated Points
Courts appreciate honesty. Acknowledge your driving record and explain what you've learned.
Demonstrate Changed Behaviour
Show evidence of driver education courses, speed awareness programmes, or other steps you've taken.
Keep Restrictions Tight
Don't ask for more driving privileges than absolutely necessary. Courts prefer limited, specific conditions.
With proper documentation and legal advice, a limited licence can reduce the hardship caused by a demerit suspension. Take our free eligibility quiz to check whether you qualify, or get in touch with Limited Licence Lawyer for expert help with your application. Our fixed-fee packages start from $749 + GST (Standard) or $1,499 + GST (Complex).
Want to understand more about limited licences? Read our complete guide or learn about common application mistakes to avoid.