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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

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

You could also call this:

“Breaking the rules about getting or using a driver licence”

If you try to get or use a driver licence when you’re not allowed to, or when your licence is suspended, you’re breaking the law. This is a serious offence.

You can get in big trouble for this. You might have to go to jail for up to 3 months or pay a fine of up to $4,500. Also, you won’t be allowed to drive for at least 6 months.

There are some exceptions to this rule. If you’re applying for a special licence because of drink driving issues, you might not get in trouble.

Sometimes, the court might decide not to stop you from driving. This can happen if there are special reasons related to your offence.

Remember, driving is a big responsibility. It’s important to follow the rules to keep everyone safe on the road.

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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=DLM434645.

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

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

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33A: Offence to operate as driving instructor without authorisation, or

"You can't teach driving for money without a special licence"

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

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

  1. A person commits an offence if the person holds or applies for a driver licence while disqualified from doing so or while his or her driver licence is suspended.

  2. Subsection (1) does not apply in relation to—

  3. an application for an alcohol interlock licence made in accordance with an alcohol interlock sentence; or
    1. an application for a zero alcohol licence made in accordance with section 65B.

      1. If a person is convicted of an offence against subsection (1),—

      2. 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 (2)(b) does not apply and section 65AH(3)(b) applies.

          2. 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 33(1A): inserted, on , by section 7(1) of the Land Transport Amendment Act 2017 (2017 No 34).
          • Section 33(2A): inserted, on , by section 7(2) of the Land Transport Amendment Act 2017 (2017 No 34).
          • Section 33(3): replaced, on , by section 7(3) of the Land Transport Amendment Act 2017 (2017 No 34).