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Land Transport Act 1998

Primary responsibilities of participants in land transport system - General responsibilities

5: Drivers to be licensed

You could also call this:

“You must have the right licence to drive on the road”

You need to have the right driver licence to drive a motor vehicle on a road. You must follow the rules of your licence and not drive if you’re not allowed to. If you’re not allowed to have a licence, you can’t apply for one or hold one.

If your licence is suspended, you can’t have or get a licence during that time. When you’re driving, you must show your licence to a police officer if they ask to see it.

There are some special cases where you can drive without a licence:

  1. If you’re driving an ambulance in an emergency and the normal driver can’t do it.
  2. If you’re a firefighter driving a fire truck to an emergency and no one else with a licence can drive.
  3. If you’re a police employee driving in an unexpected emergency where it’s needed for safety or public order, and no one else with a licence is available.

These special cases are only for emergencies that weren’t planned, and when it’s really important for safety or to keep order.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434509.

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4: General requirements for participants in land transport system, or

"Rules for everyone involved in roads and transport"

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6: Vehicles to be safe and operated in compliance with rules, or

"Your car must be safe and follow all the rules when you drive it on the road"

Part 2 Primary responsibilities of participants in land transport system
General responsibilities

5Drivers to be licensed

  1. A person may not drive a motor vehicle on a road—

  2. without an appropriate current driver licence; or
    1. in contravention of the conditions of the person's driver licence; or
      1. if the person is disqualified from holding or obtaining a driver licence, or the person's driver licence is suspended or has been revoked, or the driving is contrary to an alcohol interlock licence, a zero alcohol licence, or a limited licence.

        1. A person may not hold or apply for a driver licence while he or she is disqualified under this Act or any other Act from holding or obtaining a driver licence.

        2. While a person's driver licence is suspended under this Act or any other Act, the person may not hold or obtain a driver licence.

        3. A person driving a motor vehicle must produce without delay his or her driver licence for inspection whenever required to do so by an enforcement officer.

        4. Nothing in subsection (1) or subsection (4) applies if the person driving—

        5. is driving an ambulance in an emergency, and—
          1. the emergency requires the licensed driver to perform other duties and it is impracticable for him or her to drive the ambulance, or the licensed driver is injured or otherwise unable to drive; and
            1. unless the licensed driver was unable to do so, the licensed driver has requested that person to drive in place of the licensed driver; or
            2. is a member of a fire brigade and drives a motor vehicle used by a fire brigade for attendance at emergencies, so long as the vehicle being used at the time is used on urgent fire brigade service and it is impracticable for an appropriately licensed person to drive the vehicle; or
              1. is a Police employee and drives a motor vehicle in an emergency requiring Police attendance, and—
                1. the emergency is not reasonably foreseeable; and
                  1. the driving is necessary in the interests of safety or public order; and
                    1. an appropriately licensed person is not readily available.

                    Compare
                    Notes
                    • Section 5(1)(c): amended, on , by section 5 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                    • Section 5(5)(c): amended, on , by section 130(1) of the Policing Act 2008 (2008 No 72).