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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:

"Driving when you're not allowed to"

Illustration for Land Transport Act 1998

You commit an offence if you drive a car on a road while disqualified from holding or obtaining a driver licence. You also commit an offence if you drive contrary to an alcohol interlock licence, a zero alcohol licence, or a limited licence. You commit an offence if you drive while your driver licence is suspended or revoked. If you are convicted of this offence, you may face a fine or imprisonment. The court may also order you to be disqualified from holding or obtaining a driver licence. You can be disqualified for at least 6 months for a first or second offence. If you have to attend a driving improvement course under section 92(1) or a programme approved by the Director under section 99A, you can drive while attending the course or programme. You must be supervised by a person who holds a driving instructor or testing officer endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999. The court can order a different penalty if you have a good reason for committing the offence, as stated in section 81. If you are convicted of a third or subsequent offence, the maximum penalty is imprisonment for up to 2 years or a fine of up to $6,000. The court must also order you to be disqualified from holding or obtaining a driver licence for at least 1 year.

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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.

Topics:
Transport and travel > DrivingCrime and justice > Police and safety
Previous

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"

Next

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

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

Part 5Offences 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).