Our Associate, Renee Bayer, recently shared an article with the Horowhenua Chronicle on Limited Licences.
You may have heard the term limited licence and wondered what this is. This type of licence is often known as a “work licence” and allows a person who has either lost their licence as a result of excess demerit points, or has been disqualified from driving in certain circumstances, to continue to drive for work purposes.
The first context in which you are eligible to apply for a limited licence include where you have lost your licence as a result of excess demerit points. The second context is where you have been disqualified by the Court as a result of an offence such as: drink driving or driving with drugs in your system; dangerous or careless driving; applying for a licence while disqualified from doing so; sustained loss of traction and some offences under the Transport Act.
You are not eligible for a limited licence if you have been disqualified as a result of driving while disqualified or suspended or if you have committed one of the offences listed above within 5 years of another offence of the type listed.
There are some circumstances where you have to wait 28 days before you can apply to the Court for a limited licence. This includes where you have been disqualified for: drink driving or driving with drugs in your system; an offence involving driving hours or logbooks; reckless or dangerous driving; careless driving causing injury/death and failing to stop after an accident; applying for or obtaining a driver licence while disqualified from doing so; or driving with an insecure load on a vehicle.
Where you have been suspended for excess demerit points you can apply for a limited licence as soon as your suspension starts and do not have to wait 28 days. There are also some offences such as driving with sustained loss of traction where you do not have to wait 28 days after being disqualified.
Grounds for applying
In order to obtain a limited licence you must be able to show that the disqualification imposed by the Court has or will result in either extreme hardship to you (in relation to your employment or other aspects of your life); or undue hardship to someone else, such as your employer or family.
Examples where the Court will often grant limited licences include where you are required to drive during the course of your employment or where you are self-employed and need to drive during the course of the day. Personal or family circumstances will also be relevant, such as where a person has a medical condition and is required to attend medical appointments during the course of the day.
Once the order is made by the Court you are required to attend VTNZ, or AA to obtain the actual limited licence before you are able to drive.
If you would like advice about your eligibility for a limited licence or assistance to make an application for a limited licence we recommend obtaining legal advice.