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Land Transport Act 1998

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

93: Court may order compulsory driving test

You could also call this:

“Court can make you retake your driving test if you break road rules”

If you are caught breaking the law while driving a car, the court can make you take a driving test. This is on top of any other punishment they give you. The test will be for the same type of vehicle you were driving when you broke the law.

When the court decides this, they will tell the Director about it. The Director will then tell you when and where to take the test. They must give you at least 14 days’ notice. The Director will be in charge of the test.

If you don’t pass the test, you can’t drive until you do pass it. If you don’t show up for the test without a good reason, it’s like your licence has been suspended. You can’t drive until you come back and take the test.

If you pass the test, the Director might give you a new licence or update your old one. You have to pay for these tests, just like you would if you were getting a new licence.

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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=DLM435017.

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92: Compulsory attendance at driving improvement course or dangerous goods course, or

"You might have to take a special driving class if you break road rules"

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94: Substitution of community-based sentences, or

"Judges can choose community work instead of taking away your driver's licence"

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

93Court may order compulsory driving test

  1. If the holder of a driver licence is convicted of an offence concerning the driving of a motor vehicle, the court may, whether or not it imposes any other penalty or makes any other order concerning the offence, order that person to undergo any tests and examinations approved by the Director authorising the person to drive a motor vehicle of the class he or she was driving at the time of the offence.

  2. On the making of an order under subsection (1), the Registrar of the court must notify the Director of the particulars of the order and the conviction for which it is made.

  3. The following provisions apply to the tests and examinations:

  4. the Director must give the person who is to be tested or examined not less than 14 clear days' notice of the date, time, and place of each test and examination:
    1. the tests and examinations must be carried out under the supervision of the Director.

      1. The driver licence of a person who fails to pass the approved tests and examinations is suspended until the person passes the tests and examinations, and, if a person fails without reasonable excuse to attend on the date and at the time and place specified in a notice given under subsection (3)(a), the person's licence is to be treated as having been suspended until the person presents himself or herself for the purpose of undergoing the approved tests and examinations.

      2. A person whose driver licence has been suspended under this section is disqualified from holding or obtaining a driver licence until such time as he or she passes the approved tests and examinations.

      3. If a person passes the approved tests and examinations, the Director may issue a new licence to have effect in place of the suspended licence or endorse the suspended licence.

      4. If a person undergoes any tests and examinations under an order made under this section, that person is liable to pay the same fees as the person would be liable to pay if the person were an applicant for a licence.

      Compare
      Notes
      • Section 93(1): amended, on , by section 88(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 93(1): amended, on , by section 56(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
      • Section 93(2): amended, on , by section 88(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 93(3)(a): amended, on , by section 88(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 93(3)(b): amended, on , by section 88(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 93(4): amended, on , by section 56(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
      • Section 93(5): amended, on , by section 56(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
      • Section 93(6): amended, on , by section 88(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 93(6): amended, on , by section 56(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).