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Land Transport Act 1998

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

90: Suspension of licence or disqualification from driving under demerit points system

You could also call this:

“Losing your driving rights if you get too many demerit points”

If you get 100 or more demerit points in a 2-year period, you’ll get a notice about it. The Director or a police officer can give you this notice, even at the roadside.

If you have a driver licence, it will be suspended for 3 months. After the suspension, your licence won’t work until you ask the Director to make it active again. While your licence is suspended, you can’t have or get any other driver licence.

If you don’t have a driver licence, you won’t be allowed to get one for 3 months.

The suspension or ban starts on the date written in the notice. This date can’t be before you get the notice.

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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=DLM435012.

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89: Notice of demerit points, or

"You'll get a letter if you have too many points on your driving record"

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91: Cancellation and reinstatement of demerit points, or

"How demerit points are added and removed from your driving record"

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

90Suspension of licence or disqualification from driving under demerit points system

  1. If, in any 2-year period, a person has accumulated a total of 100 or more demerit points, the Director must give notice in writing advising the person that—

  2. the person has accumulated 100 or more demerit points; and
    1. the penalty specified in subsection (3) or (5) has been imposed and takes effect immediately.

      1. An enforcement officer may also give a notice described in subsection (1) in the circumstances described in that subsection (whether or not the person has received a notice from the Director).

      2. The notice given under subsection (1) or (1A) may be served, including at the roadside, by—

      3. the Director; or
        1. a person approved for the purpose by the Director; or
          1. an enforcement officer.

            1. If the person holds a current driver licence, the effect of a notice given under subsection (1) or (1A) is that the licence—

            2. is suspended for a period of 3 months; and
              1. remains of no effect when the period of suspension ends until the person applies to the Director to have the licence reinstated and the Director reinstates the licence.

                1. A person whose driver licence has been suspended under subsection (3) may not hold or obtain a driver licence while the suspension is in force.

                2. If the person does not hold a current driver licence, the person is disqualified from holding or obtaining a driver licence for a period of 3 months.

                3. A suspension or disqualification under this section begins on the date specified in the notice, which may not be earlier than the date on which the notice is served on the person.

                Notes
                • Section 90: substituted, on , by section 53(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                • Section 90(1): amended, on , by section 81(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                • Section 90(1A): inserted, on , by section 91(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                • Section 90(1A): amended, on , by section 81(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                • Section 90(2): amended, on , by section 91(2)(a) of the Land Transport Amendment Act 2017 (2017 No 34).
                • Section 90(2): amended, on , by section 91(2)(b) of the Land Transport Amendment Act 2017 (2017 No 34).
                • Section 90(2)(a): amended, on , by section 81(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                • Section 90(2)(b): amended, on , by section 81(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                • Section 90(3): amended, on , by section 91(3) of the Land Transport Amendment Act 2017 (2017 No 34).
                • Section 90(3)(a): amended, on , by section 91(4) of the Land Transport Amendment Act 2017 (2017 No 34).
                • Section 90(3)(b): amended, on , by section 81(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                • Section 90(5): amended, on , by section 91(4) of the Land Transport Amendment Act 2017 (2017 No 34).