If you have been disqualified from driving by the court, you cannot have your limited licence application heard for at least 28 days. This is the mandatory stand-down period under section 103(4) of the Land Transport Act 1998. It applies to every disqualification on conviction — regardless of the offence type or whether it is your first or subsequent disqualification.
What is the stand-down period?
Section 103(4) of the Land Transport Act 1998 provides that a court must not make an order authorising the issue of a limited licence until at least 28 days after the date of the disqualification order.
The purpose is to ensure there is a minimum period of disqualification before a person can obtain a limited licence. During this period, you must not drive at all.
When does it apply?
The 28-day stand-down applies to court-imposed disqualifications on conviction. Specifically, it applies when the disqualification type is:
- Disqualification on conviction — the standard disqualification imposed at sentencing
- Disqualification with alcohol interlock — where an interlock sentence is imposed under s65AC (though the interlock bar under s103(2)(e) may separately prevent a limited licence)
- Disqualification under s65AI — alcohol interlock alternative disqualification
When does it NOT apply?
The stand-down does not apply to:
- Demerit point suspensions under s90 — you can apply immediately
- Police suspensions under s90A — no stand-down
- NZTA administrative suspensions — no stand-down
If your licence was suspended (rather than disqualified on conviction), you should check whether a limited licence is available for your suspension type.
When does the 28 days start?
The stand-down starts on the date the court imposes the disqualification order. This is typically the sentencing date.
Important distinctions:
- It is not the date of the offence
- It is not the date of arrest or charge
- It is not the date your licence physically expires or is surrendered
- It is the date the judge orders the disqualification — usually recorded in the court minutes
Can I file before the stand-down expires?
Yes. You can — and should — prepare and file your limited licence application before the 28 days have passed. The application must also be served on the police prosecutor.
The restriction is on the hearing, not the filing. The court simply cannot hear the application until at least 28 days after the disqualification started.
Filing early means:
- Your application is already in the court system
- The police prosecutor has time to review and decide whether to oppose
- The court can schedule the hearing for the earliest available date after day 28
What should I do during the stand-down?
The 28-day stand-down is the ideal time to:
- Gather your evidence — employer affidavit, supporting affidavits, transport alternatives research
- Prepare your application — complete the application form and supporting affidavit
- File and serve — lodge with the court and serve on the police prosecutor
- Arrange alternative transport — document your hardship during the stand-down
How the stand-down calculation works
The calculation is straightforward:
| Step | Detail |
|---|---|
| Disqualification date | The date the court imposes the order |
| Stand-down period | 28 days |
| Earliest hearing date | Disqualification date + 28 days |
For example, if you were disqualified on 1 March, the earliest date the court can hear your limited licence application is 29 March.
First offence vs subsequent offence
The stand-down period is the same regardless of offence number. Whether it is your first disqualification or your third, the mandatory wait is always 28 days. The difference between first and subsequent offences affects:
- The length of disqualification (minimum 6 months for first, 12+ for subsequent)
- Whether statutory bars apply (e.g. s103(2)(d) repeat offence bar)
- The conditions the court may impose on the limited licence
But the stand-down itself is uniform at 28 days.