Driving outside the conditions of your limited licence is a criminal offence. The conditions exist for a reason — they represent the minimum the court considered necessary to balance your hardship against public safety. Breaching them has serious consequences, including the potential loss of the limited licence itself.
What constitutes a breach
A breach is any driving that falls outside the conditions specified in the court order:
Time breach
Driving outside the approved hours. If your licence permits driving 6:00 am to 6:00 pm, driving at 6:01 pm is a breach — regardless of the reason.
Area breach
Driving outside the approved geographical boundary. If the court defined a specific area or route, any deviation is a breach — even a minor detour.
Purpose breach
Driving for a purpose not specified in the order. If the licence authorises driving for work, using it for social visits, shopping, or recreational driving is a breach.
Vehicle breach
Driving a vehicle not authorised by the order (if a specific vehicle was specified).
Alcohol breach
If a zero alcohol condition applies, driving with any detectable breath or blood alcohol is a breach — even if below the normal adult limit.
Consequences of breach
Criminal charge
Driving contrary to a limited licence is a criminal offence. A conviction results in:
- A fine
- A further disqualification from driving
- A criminal record entry
Revocation of limited licence
The court may revoke the limited licence entirely, leaving you with no driving privileges for the remainder of the disqualification period.
Bar on future limited licences
Section 103(2)(c) provides that a person charged with driving contrary to a limited licence cannot apply for a new limited licence. Note the wording — the bar triggers on being charged, not convicted. This means:
- While the charge is pending, you cannot apply for another limited licence
- Even after the charge is resolved, a history of breach is a significant negative factor in future applications
Insurance implications
Driving outside limited licence conditions likely means you are driving unlawfully. Most insurance policies exclude cover for driving without a valid licence or in breach of licence conditions. If you are in an accident while in breach, your insurer may decline the claim.
Common breach scenarios
| Scenario | Breach? |
|---|---|
| Driving to work 5 minutes before the approved start time | Yes |
| Taking a different route to work that goes outside the boundary | Yes |
| Stopping at the supermarket on the way home from work | Yes (unless shopping is an approved purpose) |
| Driving to a friend's house on a weekday evening within the approved hours | Yes (unless social driving is an approved purpose) |
| Lending the car to a family member who is not on the licence | Not a breach by you (they are driving, not you) — but may create other issues |
| Having one beer then driving within the approved hours (zero alcohol condition) | Yes |
The emergency question
There is no general statutory exception for emergencies. If you drive outside conditions in a genuine emergency (e.g. rushing someone to hospital), you may raise the emergency as a defence to the charge. However:
- This is assessed case by case
- The emergency must be genuine and immediate
- You must have had no reasonable alternative (e.g. calling an ambulance)
- It is not a guaranteed defence
The safest approach is to never drive outside your conditions and to have a plan for emergencies that does not involve driving yourself.
Protecting your limited licence
- Know your conditions exactly — read the court order carefully and understand every restriction
- Set reminders — if your hours are specific, set phone alarms for start and end times
- Plan your routes — ensure all driving stays within the approved boundary
- Carry the court order — always have a copy in the vehicle
- If in doubt, do not drive — it is better to be late or miss an appointment than to risk a breach conviction
- Apply for a variation if your circumstances change — do not simply start driving outside the conditions