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Land Transport Act 1998

Additional responsibilities concerning road transport

19: Licences of certain persons subject to Mental Health (Compulsory Assessment and Treatment) Act 1992 to be suspended

You could also call this:

“Driving licence put on hold if you're in hospital for mental health treatment”

If you have a driver licence and you become an inpatient under a compulsory treatment order or a special patient under the Mental Health Act, your licence will be suspended. The person in charge of the hospital must tell the Director of Land Transport about this. If someone else has your licence, they must give it to the hospital when asked. The hospital will send your licence to the Director of Area Mental Health Services.

The Director of Area Mental Health Services will keep your licence until you’re no longer an inpatient or special patient. Then, if it’s a commercial vehicle licence, they’ll send it to the Director of Land Transport. For other licences, they’ll give it back to you or the person who had it before.

If you’re no longer an inpatient or special patient, but your doctor thinks you’re not fit to drive, they’ll tell the Director of Area Mental Health Services. This Director will then tell the Director of Land Transport and send them your licence. Your licence won’t work unless the Director of Land Transport gives it back to you.

You can ask the Director of Land Transport to give your licence back. They will if they think you’re fit to drive.

If you’re allowed to leave the hospital for a while and your doctor says you’re fit to drive, your licence won’t be suspended during that time. If the Director of Area Mental Health Services has your licence, they must give it back to you.

For commercial licences, once you’re no longer under this law, the Director of Land Transport will give your licence back as soon as they think you’re allowed to have it.

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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=DLM434536.

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Part 3 Additional responsibilities concerning road transport

19Licences of certain persons subject to Mental Health (Compulsory Assessment and Treatment) Act 1992 to be suspended

  1. If a person who holds a driver licence becomes subject to a compulsory treatment order that is an inpatient order or becomes a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992,—

  2. the person in charge of the hospital to which the person is referred or at which the person is detained must notify the Director of Land Transport of the making of an inpatient order or that the person is a special patient (as the case may be); and
    1. the licence is suspended while the holder is subject to an inpatient order or is a special patient.

      1. A person who has possession of the driver licence of a person referred to in subsection (1) must, on the request of the person in charge of the hospital at which the holder is an inpatient, deliver the licence to the person in charge of the hospital; and the person in charge must forward the licence to the Director of Area Mental Health Services.

      2. The Director of Area Mental Health Services must retain a driver licence received under this section until it ceases to be subject to this section, and then,—

      3. in the case of a licence that applies to commercial vehicles, forward the licence to the Director of Land Transport; or
        1. in any other case, return the licence to the holder or to the person in possession referred to in subsection (2).

          1. If a person to whom this section applies ceases to be a person referred to in subsection (1) and his or her responsible clinician considers that person to be unfit to hold a driver licence, the responsible clinician must advise the Director of Area Mental Health Services of that opinion and that Director must give the Director of Land Transport a certificate to that effect and (if it is in his or her possession) return the licence to the Director of Land Transport; and the licence has no effect unless it is returned to the holder under subsection (5).

          2. A person referred to in subsection (4) may apply to the Director of Land Transport for the return of his or her driver licence and the Director of Land Transport must return the licence if satisfied the holder is fit to drive.

          3. If—

          4. a person to whom subsection (1) applies is, under any of sections 31, 50, and 52 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, permitted to be absent on leave from a hospital under that Act; and
            1. a responsible clinician certifies in writing that, in the clinician's opinion, that person is fit to hold a driver licence,—
                1. subsection (1)(b) does not apply to that person while that person is absent on leave from the hospital, and, if that person's driver licence is held by the Director of Area Mental Health Services, the licence must be returned to the holder.

              1. In any case to which subsection (3)(a) applies, once the holder ceases to be subject to this section, the Director of Land Transport must, as soon as practicable after the Director of Land Transport is satisfied the holder is eligible to hold the licence, return the licence to the holder or to the person previously in possession referred to in subsection (2).

              Compare
              Notes
              • Section 19(1)(a): amended, on , by section 27(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
              • Section 19(1)(a): amended, on , by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).
              • Section 19(3)(a): amended, on , by section 27(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
              • Section 19(3)(a): amended, on , by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).
              • Section 19(4): amended, on , by section 27(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
              • Section 19(4): amended, on , by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).
              • Section 19(5): amended, on , by section 27(4) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
              • Section 19(5): amended, on , by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).
              • Section 19(7): amended, on , by section 27(5) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
              • Section 19(7): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
              • Section 19(7): amended, on , by section 10 of the Land Transport Amendment Act 2004 (2004 No 96).