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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:

“Removing driving bans for people who are now fit to drive”

The Director must remove your disqualification from holding or getting a driver licence if they think you’re fit to have one. They’ll decide this based on a report from a health practitioner at an assessment centre and any other evidence about your medical condition that you provide or that’s available to them.

If the Director removes your disqualification, any previous orders that stopped you from driving will no longer apply.

The Director can’t remove your disqualification if the order stopping you from driving has been in place for less than a year and a day.

If the Director decides not to remove your disqualification, they must tell you about your right to appeal this decision.

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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=DLM435064.

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Part 8 Mitigation 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).