If your driving licence has been suspended due to accumulated demerit points under section 90 of the Land Transport Act 1998, you can apply for a limited licence immediately. Unlike court-imposed disqualifications, demerit point suspensions have no 28-day stand-down period and none of the statutory bars that affect drink or drug driving offences apply.
How demerit point suspensions work
Under section 90 of the Land Transport Act, your licence is suspended when you accumulate 100 or more demerit points within a two-year period. Common demerit-carrying offences include:
- Speeding (10–50 demerit points depending on speed)
- Using a mobile phone while driving (20 points)
- Failing to stop at a red light (20 points)
- Failing to give way (25 points)
The suspension takes effect when NZTA (Waka Kotahi) issues a notice. The standard suspension period is three months.
Limited licence eligibility for demerit suspensions
Under section 103(1)(b), a person whose licence is suspended under s90 can apply for a limited licence. This is a straightforward pathway with several advantages:
No stand-down period
The 28-day stand-down under s103(4) does not apply to demerit point suspensions. It only applies to disqualifications on conviction. You can file your application as soon as the suspension takes effect.
No statutory bars
The following bars do not apply to demerit point suspensions:
- Interlock bar (s103(2)(e)) — only applies to alcohol offences
- Repeat offence bar (s103(2)(d)) — only applies to qualifying criminal offences
- Death/injury bars — not relevant to traffic infringements
Repeat demerit suspensions
Having more than one demerit point suspension does not trigger the repeat offence bar under s103(2)(d). That section only covers qualifying criminal driving offences (alcohol, drug, reckless/dangerous driving, driving while disqualified). Demerit points accumulate from infringement offences, which are a different category.
What you need to prove
Even though eligibility is simpler for demerit suspensions, you still need to satisfy the court that granting a limited licence is justified. Under section 105, you must demonstrate:
- Extreme hardship to yourself — typically loss of employment or inability to earn income, or
- Undue hardship to another person — such as a dependant who relies on you for transport to medical treatment or school
Common hardship evidence for demerit point applications includes:
- A sworn employer affidavit confirming driving is essential to your role and your job is at risk
- Evidence of public transport alternatives (or lack thereof) in your area
- Medical appointments for dependants that require private transport
- Self-employment records showing business depends on driving
The application process
- File the application with your local District Court
- Serve a copy on the police prosecutor
- Attend the hearing — the court will consider your evidence and any police submissions
Because there is no stand-down, many courts can schedule the hearing within two to three weeks of filing. This means the total time without a licence can be relatively short if you act quickly.
Conditions on a demerit point limited licence
The court will impose conditions specifying:
- When you can drive (specific days and times)
- Where you can drive (a defined geographical area or route)
- Why you can drive (work, medical, education — the purpose must be specified)
The conditions are typically more narrowly defined than your previous full licence. Driving outside the conditions is an offence.