Have you been disqualified from driving in New Zealand and need to get back on the road for work or personal reasons? A limited licence could be your solution -- but it's not automatic. In this guide, we break down the legal steps, eligibility criteria, and what you'll need to convince the court.
What Is a Limited Licence?
A limited licence is a court-approved driving licence that allows a disqualified or suspended driver to drive under tightly controlled conditions. It exists to alleviate extreme hardship to the driver or undue hardship to others -- typically an employer or dependent.
Limited licences are granted under section 105 of the Land Transport Act 1998 (LTA). They are not a right and only apply in specific situations.
Who Can Apply?
You may be eligible if:
- You've been disqualified under the Land Transport Act or had your licence suspended due to demerit points.
- You can prove extreme hardship (e.g. losing your job) or undue hardship to someone else (e.g. your child can't get to medical treatment).
However, you cannot apply if you were disqualified for:
- Certain drink or drug driving repeat offences (section 65 LTA).
- Reckless or dangerous driving causing injury or death (sections 35, 36, 38, 39 LTA).
- Driving while already disqualified (section 32(1)).
When Can You Apply?
In some cases, you must wait 28 days after disqualification before the court can grant the order (section 104), but you can and should file your application during this time. Doing so minimises your time off the road.
Timeline Example (For Alcohol-Related Offence)
- Day 0 -- Disqualification begins
- Days 1--7 -- Prepare affidavits and draft order; seek legal advice if needed
- Days 8--14 -- File application in District Court and serve Police
- Day 28 -- Earliest date court may grant the order
- Days 29--35 -- Court hearing (if necessary); judge grants order
- Day 36+ -- Apply to Waka Kotahi (NZTA) for limited licence
What the Court Considers
To succeed, you need to show:
- The disqualification causes extreme or undue hardship.
- Your proposed driving is limited to what's absolutely necessary.
- Granting the licence is not contrary to public safety.
The court will impose strict conditions, including:
- Approved days, times, and routes for driving.
- Vehicle type and purpose of driving (e.g. commuting to work).
- Any supporting documents, including an affidavit from your employer. Letters alone may carry limited weight.
Application Process: Step-by-Step
- Prepare supporting affidavits and documents.
- File your application at the relevant District Court.
- Serve notice to NZ Police.
- Attend your court hearing.
- If approved, take your court order to Waka Kotahi to be issued a limited licence.
Final Thoughts
With the right preparation and legal advice, you can maximise your chances of success. Take our free eligibility quiz to find out if you qualify, or get in touch with Limited Licence Lawyer for expert assistance.