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Land Transport Act 1998

Offences relating to driving (other than alcohol- and drug-related offences) and penalties - Offences relating to driver licensing

32: Contravention of section 5(1)(c)

You could also call this:

“Breaking the rules about driving when you're not allowed to”

You break the law if you drive a motor vehicle on a road when you’re not allowed to. This can happen if:

  • You’ve been disqualified from having a driver licence
  • You’re driving against the rules of your alcohol interlock licence, zero alcohol licence, or limited licence
  • Your driver licence is suspended or revoked

There are some exceptions. You’re allowed to drive if a court has ordered you to attend a driving course or test, and you’re driving as part of that course or test. You must be supervised by someone with the right qualifications.

If you break this law for the first or second time, you could go to jail for up to 3 months or pay a fine of up to $4,500. The court will also stop you from driving for at least 6 months.

If you break this law three or more times, the punishment is more severe. You could go to jail for up to 2 years or pay a fine of up to $6,000. The court will stop you from driving for at least 1 year.

In some cases, if you’ve committed another alcohol-related driving offence at the same time, different rules might apply about how long you’re stopped from driving.

The court can decide not to stop you from driving if there are special reasons related to your offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434641.

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31: Contravention of section 5(1)(a) or (b) or (4) or 30(2), (3), (3A), (4A), or (4B), or

"Penalties for driving without a proper licence or not following licence rules"

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33: Contravention of section 5(2) or (3), or

"Breaking the rules about getting or using a driver licence"

Part 5 Offences relating to driving (other than alcohol- and drug-related offences) and penalties
Offences relating to driver licensing

32Contravention of section 5(1)(c)

  1. A person commits an offence if the person drives a motor vehicle on a road—

  2. while disqualified from holding or obtaining a driver licence; or
    1. contrary to an alcohol interlock licence, a zero alcohol licence, or a limited licence; or
      1. while his or her driver licence is suspended or revoked.

        1. Nothing in subsection (1) applies to any person—

        2. who has been ordered by a court to attend an approved driving improvement course under section 92(1) or a programme approved by the Director under section 99A or to undergo any test or examination approved by the Director; and
          1. who, in the course of his or her attendance at that course or programme or while undergoing such a test or examination,—
            1. in the case of a motorcyclist, drives under the supervision of a person who holds a driving instructor or testing officer endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999 that is relevant to a class of licence for a motorcycle:
              1. in any other case, drives while accompanied by a person who holds a driving instructor or testing officer endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999.

              2. If a person is convicted of a first or second offence against subsection (1),—

              3. the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
                1. the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

                  1. If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (3)(b) does not apply and section 65AH(3)(b) applies.

                  2. If a person is convicted of a third or subsequent offence against subsection (1) (whether or not of the same kind of offence as the previous offences),—

                  3. the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
                    1. the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.

                      1. If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (4)(b) does not apply and section 65AH(3)(b) applies.

                      2. For the purposes of this section, a conviction for an offence against a provision of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or the Transport Act 1962 corresponding to an offence specified in subsection (1) is to be treated as a conviction for an offence specified in that subsection.

                      3. The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

                      Compare
                      Notes
                      • Section 32(1)(b): amended, on , by section 18(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 32(2)(a): amended, on , by section 60 of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                      • Section 32(2)(a): amended, on , by section 18(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 32(2)(a): amended, on , by section 21(1) of the Land Transport Amendment Act 2005 (2005 No 77).
                      • Section 32(2)(b): amended, on , by section 21(2) of the Land Transport Amendment Act 2005 (2005 No 77).
                      • Section 32(2)(b)(i): substituted, on , by section 21(3) of the Land Transport Amendment Act 2005 (2005 No 77).
                      • Section 32(2)(b)(ii): substituted, on , by section 21(3) of the Land Transport Amendment Act 2005 (2005 No 77).
                      • Section 32(3A): inserted, on , by section 6(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                      • Section 32(4): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                      • Section 32(4A): inserted, on , by section 6(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                      • Section 32(6): replaced, on , by section 6(3) of the Land Transport Amendment Act 2017 (2017 No 34).