If you are currently driving on an alcohol interlock licence or a zero alcohol licence, you cannot apply for a limited licence. Section 103(2A) of the Land Transport Act 1998 provides this as a separate bar from the interlock sentence bar under s103(2)(e). This guide also explains the zero-tolerance threshold that applies to drivers under 20.
The s103(2A) bar — interlock and zero alcohol licence holders
Section 103(2A) provides that a person who currently holds an alcohol interlock licence or a zero alcohol licence cannot apply for a limited licence.
This bar is distinct from s103(2)(e) (the interlock sentence bar). While s103(2)(e) prevents a limited licence from the point of conviction, s103(2A) prevents it during the later phases of the interlock pathway:
| Phase | Duration | Limited licence available? | Bar |
|---|---|---|---|
| 1. Disqualification | Minimum 28 days | No | s103(2)(e) |
| 2. Alcohol interlock licence | Minimum 12 months | No | s103(2A) |
| 3. Zero alcohol licence | 3 years | No | s103(2A) |
The practical effect is that a person subject to the interlock regime cannot obtain a limited licence at any stage of the pathway.
What is a zero alcohol licence?
A zero alcohol licence is the third and final phase of the mandatory alcohol interlock regime. After completing:
- The disqualification period
- At least 12 months on an alcohol interlock licence
...the person graduates to a zero alcohol licence for 3 years. During this period:
- The person may drive without an interlock device
- But the zero alcohol limit applies — any detectable breath or blood alcohol is an offence
- A limited licence cannot be obtained for any new disqualification during this period
Youth zero-tolerance thresholds
Separately from the interlock/zero alcohol licence regime, drivers under 20 are subject to a zero-tolerance breath and blood alcohol limit:
| Age at offence | Breath limit (mcg/L) | Blood limit (mg/100mL) | Category |
|---|---|---|---|
| Under 20 | 0 | 0 | Any detectable level is an offence |
| 20 and over | 250 (infringement) | 50 (infringement) | Infringement notice |
| 20 and over | 400 (criminal) | 80 (criminal) | Criminal offence |
How age at offence is calculated
Your age is calculated at the date of the offence, not your current date or sentencing date. The calculation compares your date of birth to the offence date:
- If your 20th birthday had not yet occurred on the offence date, the zero-tolerance limit applies
- If you were 20 or older on the offence date, the adult thresholds apply
This distinction matters because a driver who was 19 at the time of the offence but 20 at the time of sentencing is still assessed against the zero-tolerance threshold.
Practical implications
For interlock/zero alcohol licence holders
If you currently hold an interlock or zero alcohol licence and are disqualified for a new offence, s103(2A) prevents a limited licence application. You must complete the full interlock pathway before a limited licence can be considered for any subsequent disqualification.
For young drivers
A young driver (under 20) charged with an alcohol offence at the zero-tolerance level may face a less serious offence classification than an adult — but a conviction still carries disqualification. If the conviction triggers the interlock regime (due to a high reading or prior offence), the interlock bar under s103(2)(e) will apply. If not, a limited licence may be available after the standard 28-day stand-down.