99Court may reduce disqualification

1. A person (the applicant) who by order of a court is disqualified from holding or obtaining a driver licence may from time to time apply to a court to reduce the disqualification or disqualifications if the person, on the date that the application is made,—

2. has more than 1 year of an existing disqualification or disqualifications left to serve; and
3. has not been convicted in the previous 2 years of offences against any of the following sections of this Act:
   1. section 35(1)(a) or (b):
   2. section 36(1):
   3. section 36A(1)(a) or (c):
   4. section 36A(2) or (3):
   5. section 39(1):
   6. section 56(1) or (2):
   7. section 57A(1):
   8. section 57B(1):
   9. section 57C(1):
   10. section 58(1):
   11. section 60(1):
   12. section 61(1) or (2):
   13. section 62(1) or (1B); and
4. has not been convicted in the previous 2 years or concurrently of an offence against section 171 of the Crimes Act 1961 (manslaughter) in which the manslaughter was the result of driving a motor vehicle; and
5. has not been convicted of offences against section 32(1)(a) or (b) or (c) in the last 6 months.

6. For the purposes of subsection (1)(b), (c), and (d), the date on which a person has been convicted is the date on which a conviction has been entered against that person.

7. On an application under subsection (1), the court may, having regard to the character of the applicant and the applicant's conduct since the order was made, the nature of the offence, and any other circumstances of the case, either—

8. reduce the disqualification as from such date as may be specified in the order or refuse the application; or
9. treat the application as an application for an order under section 105 (for the grant of a limited licence) and make an order accordingly under that section.

10. In having regard under subsection (2) to the conduct of the applicant subsequent to an order disqualifying the applicant from holding or obtaining a driver licence, the court must have regard to—

11. whether or not the opportunity to attend a programme approved under section 99A was reasonably available to the applicant; and
12. whether or not the applicant attended that approved programme; and
13. any report of a person conducting such an approved programme on the conduct of the applicant, and on the applicant's awareness of the responsibilities of drivers and suitability to hold or obtain a driver licence; and
14. any report which relates to the medical condition of the applicant and which is from a health practitioner attached to an assessment centre attended by the person other than under an order made under section 65.

15. If an application under this section is refused,—

16. the court may accept a further application in respect of the same order if satisfied that the application is supported by relevant evidence that was not available when the previous application was heard; but
17. otherwise, a further application in respect of the same order may not be considered until at least 3 months after the date of that refusal.

18. If the disqualification was ordered by the District Court, every application under this section concerning that disqualification must be made to a District Court Judge.

19. If a court makes an order under this section and the person to whom it applies is, before the end of the period for which the original order of disqualification was made, convicted of an offence for which the applicant is liable for disqualification, the court must, whether or not it imposes a penalty for that offence, order that the applicant be disqualified from holding or obtaining a driver licence for the balance of the disqualification period specified in the original order.

20. No application or order under this section may be made by or apply to a person who is subject to an alcohol interlock sentence or to an order made under section 65 disqualifying the person from holding or obtaining a driver licence.

Compare

• 1962 No 135 s 39

Notes

• Section 99 heading: amended, on 16 January 2006, by section 53(1) of the Land Transport Amendment Act 2005 (2005 No 77).
• Section 99(1): substituted, on 16 January 2006, by section 53(2) of the Land Transport Amendment Act 2005 (2005 No 77).
• Section 99(1)(b)(iv): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
• Section 99(1)(b)(via): inserted, on 1 May 2011, by section 35(1) of the Land Transport Amendment Act 2009 (2009 No 17).
• Section 99(1)(b)(viaa): inserted, on 11 March 2023, by section 30 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
• Section 99(1)(b)(viab): inserted, on 11 March 2023, by section 30 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
• Section 99(1)(b)(x): amended, on 1 November 2009, by section 39(2) of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).
• Section 99(1A): inserted, on 16 January 2006, by section 53(2) of the Land Transport Amendment Act 2005 (2005 No 77).
• Section 99(2)(a): amended, on 16 January 2006, by section 53(3) of the Land Transport Amendment Act 2005 (2005 No 77).
• Section 99(3)(a): substituted, on 16 January 2006, by section 53(4) of the Land Transport Amendment Act 2005 (2005 No 77).
• Section 99(3)(b): amended, on 16 January 2006, by section 53(5) of the Land Transport Amendment Act 2005 (2005 No 77).
• Section 99(3)(c): amended, on 16 January 2006, by section 53(6) of the Land Transport Amendment Act 2005 (2005 No 77).
• Section 99(3)(d): amended, on 7 November 2018, by section 17 of the Land Transport Amendment Act 2016 (2016 No 77).
• Section 99(3)(d): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
• Section 99(5): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
• Section 99(5): amended, on 16 January 2006, by section 53(7) of the Land Transport Amendment Act 2005 (2005 No 77).
• Section 99(7): amended, on 1 July 2018, by section 32 of the Land Transport Amendment Act 2017 (2017 No 34).