If you have been convicted of two qualifying driving offences within five years of each other, you cannot apply for a limited licence. Section 103(2)(d) of the Land Transport Act 1998 creates an absolute bar — the court has no discretion to grant a limited licence regardless of hardship.
What is the repeat offence bar?
Section 103(2)(d) provides that a person who is disqualified on conviction for a qualifying offence committed within 5 years of another qualifying offence cannot apply for a limited licence.
This is an absolute statutory bar. Unlike the hardship test under s105 (where the court weighs evidence), s103(2)(d) is binary: if both offences fall within the five-year window, you are ineligible. No amount of hardship evidence overcomes it.
What are qualifying offences?
The bar applies across three categories of offences:
s103(2)(d)(i) — Reckless or dangerous driving
A prior conviction for reckless or dangerous driving within 5 years of the current offence.
s103(2)(d)(ii) — Alcohol or drug driving
A prior conviction for an alcohol or drug driving offence within 5 years. This includes:
- Excess breath or blood alcohol (s56, s57)
- Driving while impaired (s57AA, s57C)
- Drug driving offences
- Combined alcohol and drug offences
- Refusal offences (refusing breath, blood, or impairment tests)
s103(2)(d)(iii) — Driving while disqualified
A prior conviction for driving while disqualified, suspended, or forbidden within 5 years.
Cross-category application
The repeat offence bar applies across categories, not just within the same offence type. For example:
| Current offence | Prior offence (within 5 years) | Bar applies? |
|---|---|---|
| Drink driving | Drink driving | Yes |
| Drink driving | Reckless driving | Yes |
| Drug driving | Drink driving | Yes |
| Drink driving | Driving while disqualified | Yes |
| Reckless driving | Drug driving | Yes |
Any combination of qualifying offences from different sub-paragraphs of s103(2)(d) triggers the bar.
How is the five-year window calculated?
The five-year period is calculated as 1,826 days (5 years plus one day for a leap year). The window runs between the dates of the two offences — not the dates of conviction or sentencing.
For example:
- Offence 1: 15 March 2022
- Offence 2: 10 January 2027
- Days between: 1,762 (within 1,826) — bar applies
If offence 2 occurred on 15 March 2027 or later (more than 1,826 days after offence 1), the bar would not apply.
Interaction with the interlock bar
The repeat offence bar under s103(2)(d) and the interlock bar under s103(2)(e) can apply concurrently. A second alcohol offence within 5 years may trigger both:
- s103(2)(d): repeat offence bar (two qualifying offences within 5 years)
- s103(2)(e): interlock bar (prior alcohol conviction within 5 years triggers mandatory interlock under s65AB(1)(a))
Both are absolute bars. If either applies, a limited licence is not available.
What if I am unsure about prior offences?
If you are uncertain whether you have a prior qualifying offence within the five-year window, you should:
- Check your driving record — request a copy from NZTA (Waka Kotahi)
- Check court records — the Ministry of Justice can provide conviction history
- Get legal advice — a lawyer can assess whether the bar applies to your specific situation
Our eligibility quiz will ask about prior offences and flag this bar if it applies.