Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Mitigation of penalties and rights of appeal - Removal of disqualifications

100: Director to remove certain disqualifications

You could also call this:

"The Director can cancel your driving ban if they think you're safe to drive."

Illustration for Land Transport Act 1998

If you have been disqualified from driving, the Director must remove this disqualification if they think you are a fit person to drive. The Director will look at a report from a health practitioner and any other evidence about your medical condition. They will decide if you can hold a driver licence. If the Director removes your disqualification, any orders made against you under section 65 will be treated as if they have expired. The Director cannot remove your disqualification if you have been disqualified for less than 1 year and 1 day. If the Director decides not to remove your disqualification, they will tell you about your right to appeal under section 108.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM435064.

Topics:
Transport and travel > DrivingHealth and wellbeing > Public health
Previous

99A: Director may approve programmes, or

"The Director can approve programmes to help people get their driving licence back"

Next

100A: Director may authorise removal of alcohol interlock device and certify that requirements of alcohol interlock sentence have been fulfilled, or

"Director can decide if you can remove the alcohol interlock and finish your sentence"

Part 8Mitigation of penalties and rights of appeal
Removal of disqualifications

100Director to remove certain disqualifications

  1. If an order has been made under section 65 in respect of a person (the applicant), the Director must make an order removing the disqualification of the applicant from holding or obtaining a driver licence, if satisfied that—

  2. the applicant is a fit person to hold a driver licence, having regard to—
    1. a report which is from a health practitioner attached to an assessment centre and which is made available to the Director by the applicant or the assessment centre; and
      1. any other evidence submitted by the applicant or otherwise available to the Director relating to the medical condition of the applicant.

        1. If the Director makes an order under subsection (1), every order made under section 65 that applies to the applicant concerned must be treated as having expired.

        2. No order may be made under subsection (1) if the applicant concerned is subject to an order made under section 65 that has been in force less than 1 year and 1 day.

        3. If the Director decides not to remove the disqualification under subsection (1), the Director must refer the applicant to the right of appeal under section 108.

        Compare
        Notes
        • Section 100 heading: amended, on , by section 93(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
        • Section 100(1): amended, on , by section 93(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
        • Section 100(1)(a)(i): amended, on , by section 93(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
        • Section 100(1)(a)(i): amended, on , by section 18 of the Land Transport Amendment Act 2016 (2016 No 77).
        • Section 100(1)(a)(i): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48)
        • Section 100(1)(a)(ii): amended, on , by section 93(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
        • Section 100(1)(b): repealed, on , by section 55(1) of the Land Transport Amendment Act 2005 (2005 No 77).
        • Section 100(2): amended, on , by section 93(4) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
        • Section 100(3): amended, on , by section 55(2) of the Land Transport Amendment Act 2005 (2005 No 77).
        • Section 100(4): inserted, on , by section 33 of the Land Transport Amendment Act 2017 (2017 No 34).
        • Section 100(4): amended, on , by section 93(5) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).