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Land Transport Act 1998

Disqualification, demerit points, licence suspension, and vehicle impoundment - Disqualification

86: Term of disqualification if person already disqualified

You could also call this:

“Extra driving ban for offences while already banned”

If you commit an offence that can result in losing your driver’s licence, and you were already banned from driving or had a limited licence when you did it, the court will usually stop you from driving for 6 months. This is on top of any other punishment you might get for the offence. The court can make this driving ban longer if they think it’s necessary.

However, there are a few exceptions to this rule. The court might decide not to give you this 6-month ban if there are special reasons related to your offence. Also, if the court orders you to use an alcohol interlock device in your car, they won’t give you this extra 6-month ban.

Remember, even if you get this 6-month ban, the court can still give you other punishments for your offence. They can also make you stop driving for longer if they think it’s needed.

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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=DLM434896.

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85: When disqualification starts, or

"When your driving ban begins"

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87: Particulars of certain court orders to be sent to Director and offender, or

"Court must tell you and the Director about changes to your driving rights"

Part 7 Disqualification, demerit points, licence suspension, and vehicle impoundment
Disqualification

86Term of disqualification if person already disqualified

  1. If—

  2. a person is convicted of an offence that renders the person liable to be disqualified from holding or obtaining a driver licence; and
    1. at the time of the commission of the offence, the person was already disqualified or was the holder of a limited licence issued under section 105 (or the corresponding provisions of a former enactment),—
        1. the court must order the person to be disqualified from holding or obtaining a driver licence for a period of 6 months, unless the court for special reasons relating to the offence thinks fit to order otherwise or the court makes an order under section 94.

      1. Subsection (1) does not apply if an alcohol interlock sentence is ordered under section 65AC(1).

      2. Nothing in subsection (1) restricts the power of the court to impose any other penalty specified for the offence, and the imposition of a penalty under that subsection does not limit or affect any duty or power of the court to order a longer period of disqualification.

      Compare
      Notes
      • Section 86(1A): inserted, on , by section 29 of the Land Transport Amendment Act 2017 (2017 No 34).