103Persons who may apply to court for limited licence

1. Unless prevented by subsection (2), the following persons may apply for an order under section 105 authorising the grant of a limited licence:

2. persons who are disqualified by an order made under this Act from holding or obtaining a driver licence:
3. persons who are subject to a licence suspension under section 90 (as a result of demerit points).

4. The following persons may not apply under this section for an order under section 105 authorising the grant of a limited licence:

5. a person who is disqualified from holding or obtaining a driver licence by an order made under section 65 (which relates to repeat offences involving alcohol or drugs):
6. a person who is disqualified from driving a vehicle being used in a transport service (other than a rental service) by virtue of section 63, if the limited licence would authorise the person to drive a vehicle being used in a transport service (other than a rental service):
7. a person who is disqualified from holding or obtaining a driver licence by an order made on his or her conviction for an offence against section 32(1) (which relates to driving while disqualified or contrary to a limited licence):
8. a person who is disqualified by an order made on his or her conviction—committed within 5 years after the commission of any other offence specified in this paragraph and arising from a different incident (whether or not both offences are of the same kind, regardless of when convictions were entered for those offences):
   1. for an offence against any of sections 35, 36, 38, and 39 (which relate to reckless or dangerous driving, careless or inconsiderate driving causing injury or death, and failing to stop after an accident); or
   2. for an offence against any of sections 56, 57A, 57B, 57C, 58, 60, 61, and 62 (which relate to offences involving alcohol or drugs); or
   3. for an offence against section 33(1) (which relates to applying for or obtaining a driver licence while disqualified from doing so); or
   4. for an offence against a provision of the Transport Act 1962 that corresponds to an offence specified in any of subparagraphs (i) to (iii)—
9. a person who—
   1. is subject to an alcohol interlock sentence under section 65AC; or
   2. would have been subject to an alcohol interlock sentence but an exception described in section 65AB(2) applied:
10. a person in respect of whom a driver licence stop order is in effect.

Compare

• 1962 No 135 s 38(1)–(1B)

Notes

• Section 103(2)(d)(ii): amended, on 11 March 2023, by section 31 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
• Section 103(2)(d)(iii): amended, on 22 June 2005, by section 57 of the Land Transport Amendment Act 2005 (2005 No 77).
• Section 103(2)(d)(iv): added, on 22 June 2005, by section 57 of the Land Transport Amendment Act 2005 (2005 No 77).
• Section 103(2)(e): replaced, on 1 July 2018, by section 35 of the Land Transport Amendment Act 2017 (2017 No 34).
• Section 103(2)(f): inserted, on 1 November 2013, by section 10 of the Land Transport Amendment Act 2011 (2011 No 31).