To obtain a limited licence under section 105 of the Land Transport Act 1998, you must demonstrate either extreme hardship to yourself or undue hardship to another person. This is the central evidentiary requirement — without it, the court will not grant a limited licence regardless of your circumstances.
The statutory test
Section 105 provides that the court may make an order authorising the issue of a limited licence if satisfied that the disqualification or suspension will cause, or is causing:
- Extreme hardship to the applicant, or
- Undue hardship to any other person
The applicant bears the burden of proof. You must present evidence that makes the court satisfied on the balance of probabilities that the hardship threshold is met.
Extreme hardship (to you)
Extreme hardship is a high threshold. The court looks for specific, concrete consequences — not general inconvenience. Common categories include:
Employment hardship
The most common and strongest basis for a limited licence. You need to show:
- Your job requires driving (deliveries, site visits, client meetings, transport between workplaces)
- You will lose your job or face serious professional consequences without a licence
- No reasonable alternative exists (public transport is unavailable, impractical, or insufficient)
- Your employer confirms the situation in a sworn affidavit
Business hardship
For self-employed applicants or company directors:
- The business depends on your driving for operations
- You are the sole or primary driver — no employee or contractor can substitute
- The business will suffer serious financial loss or may fail without your driving
- Financial records support the claimed dependence
Medical hardship
- You need to attend regular medical appointments that require driving
- Public transport or other alternatives are not available or practical
- The medical condition is serious and treatment cannot be delayed
Educational hardship
- Attending a course or training programme essential for employment
- No alternative transport to the institution
Undue hardship (to another person)
Undue hardship focuses on the impact on someone else — not you. This is a slightly lower threshold than "extreme" but still requires specific evidence:
Dependants
- A child who needs transport to school, medical appointments, or therapy
- An elderly or disabled family member who depends on you for transport
- A spouse or partner who cannot drive and has essential transport needs
Employer or colleagues
- Your employer or business partner will suffer if you cannot perform your role
- Colleagues may be required to take on unreasonable additional duties
Clients or patients
- If you work in healthcare, social services, or similar fields where your clients depend on your mobility
Evidence that supports hardship
| Hardship type | Key evidence |
|---|---|
| Employment | Sworn employer affidavit, employment contract, job description, roster |
| Self-employed | Financial records, client contracts, business registration |
| Medical | Specialist letter, appointment records, treatment plan |
| Dependants | Affidavit explaining dependant's needs, school/medical letters |
| Transport alternatives | Bus/train timetables, Google Maps showing lack of routes |
What does NOT constitute hardship
The court will not accept:
- General inconvenience — "It's hard to get around without a car"
- Lifestyle impact — "I can't visit friends" or "I can't go to the gym"
- Self-created hardship — situations where you deliberately put yourself in a position requiring a licence
- Vague claims — "I need my licence for work" without specifics
The evidence must be specific, documented, and supported by sworn third-party confirmation (employer affidavit, medical certificates, affidavits from dependants).
The court's discretion
Even where hardship is established, the court retains a residual discretion under s105. The court considers:
- The nature and seriousness of the offence
- Public safety — whether granting the licence poses a risk
- Whether the applicant has shown insight and remorse
- The proposed conditions — whether they adequately mitigate risk
In practice, if the statutory test is met and no bars apply, limited licences are generally granted — particularly for first offenders with strong employment evidence. Police opposition, if it occurs, is most often directed at the proposed conditions rather than the grant itself.