Case Overview
Client Profile:
- Licensed building practitioner
- Construction company director
- Employer of 8 staff members
- Father with school-aged children
Legal Outcome:
- Limited licence granted by District Court
- Business and family driving permitted
- 24 hours per week driving allowance
- Restricted area within Otago region
Background and Circumstances
The applicant, a licensed building practitioner and company director, faced a three-month suspension after exceeding 100 active demerit points due to a speeding infringement. The disqualification, effective from 31 January 2025, severely impacted his ability to manage a construction business operating across the wider Otago region.
The Business Challenge: As a company director managing construction operations across Otago, the suspension threatened the livelihood of 8 employees and the continuity of ongoing building projects. The director's role required regular travel for client meetings, site inspections, and material transport.
Legal Framework Applied
The application was structured under sections 103-105 of the Land Transport Act 1998, demonstrating the importance of carefully structured applications when livelihood, business continuity, and family obligations are at stake.
Section 103: Who may apply for a limited licence -- Establishes eligibility criteria for limited licence applications.
Section 104: Circumstances where issuance may be delayed or prohibited -- Sets out restrictions and waiting periods that may apply.
Section 105: Grounds for Court approval based on hardship -- Defines the extreme hardship criteria courts must consider.
Application Details
The applicant submitted a comprehensive sworn affidavit supported by financial statements and a detailed driving history report. The application clearly documented both business necessity and family obligations.
Business Operations Evidence
Detailed documentation of the construction company's operations and the director's essential role in daily management.
- Management of construction company employing 8 staff
- Responsibilities for client meetings and project quoting
- Site inspections and quality control oversight
- Transportation of materials and equipment
Family Obligations
Evidence of shared parental duties that would be significantly impacted by the driving disqualification.
- Shared duties in transporting school-aged children
- Family transportation responsibilities
- Essential household and family commitments
Requested Driving Parameters
The application requested specific, limited driving privileges designed to meet essential business and family needs while demonstrating commitment to road safety and compliance.
Application Specifications
Time Restrictions:
- Maximum 24 hours per week
- Specific hours for business and family needs
- Structured scheduling to prevent misuse
Vehicle Specifications:
- Three company-registered vehicles listed
- Specific vehicle identification provided
- Commercial vehicle usage documented
Compliance Measures:
- Detailed logbook recording of all journeys
- Route boundaries clearly defined
- Court order and licence to be carried at all times
Court Decision and Conditions
The District Court granted the limited licence application, recognising both the business necessity and family obligations presented. The court imposed specific conditions designed to balance the applicant's needs with public safety requirements.
Licence Conditions Granted
Geographic Restrictions:
- Driving within a restricted area of Otago
- Defined boundaries for business operations
- Specific routes for family transportation
Authorised Purposes:
- Business transportation for construction operations
- Family transportation needs
- Use of registered company vehicles only
Compliance Requirements:
- Mandatory logbook recording of all journeys
- Court licence documentation to be carried while driving
- Strict adherence to defined routes and purposes
- Regular compliance monitoring
Key Success Factors
Comprehensive Documentation: Detailed financial statements and business evidence clearly demonstrated the necessity of driving for company operations and employee welfare.
Multiple Hardship Factors: The application successfully combined business necessity with family obligations, strengthening the case for extreme hardship.
Structured Compliance Plan: Clear willingness to accept strict monitoring and compliance measures demonstrated commitment to road safety and legal adherence.
Key Takeaways for Future Applicants
- Ensure compliance with eligibility criteria in sections 103-105 of the Land Transport Act 1998
- Demonstrate clear hardship and necessity for driving with comprehensive evidence
- Provide robust documentation including financial statements and business operational requirements
- Show willingness to adhere strictly to licence conditions with detailed compliance plans
- Combine multiple hardship factors such as business operations and family obligations where applicable
Conclusion
This case highlights how a limited licence can safeguard both business operations and family welfare when properly structured and presented. The success demonstrates the importance of comprehensive documentation, clear demonstration of hardship, and willingness to accept strict compliance measures.
Expert legal guidance can significantly improve the chances of a successful application by ensuring all required elements are properly addressed and presented to the court. The structured approach taken in this case provides a valuable template for similar business-related limited licence applications.
Not sure if you qualify for a limited licence? Take our free eligibility quiz to find out in under 2 minutes. Our limited licence service starts from $749 (standard) or $1,499 (urgent/complex matters).