Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Mitigation of penalties and rights of appeal - Grant of limited licence

105: Court may make order authorising grant of limited licence

You could also call this:

“Court can allow a special driving permit if your licence is taken away”

The court can make an order allowing you to get a special type of driver licence called a limited licence. This can happen if your normal licence has been taken away or suspended. The court will only do this if:

You or someone else is facing extreme or undue hardship because you can’t drive.

You meet certain criteria set out in the law.

Giving you a limited licence won’t put public safety at risk.

If the court gives you a limited licence, it will specify:

Why you’re allowed to drive.

Which vehicle or type of vehicle you can drive.

The days and times you can drive.

Any other restrictions to help with the hardship you’re facing.

If you break the law and get disqualified again, your limited licence will be cancelled. You’ll have to follow the original disqualification order for the rest of its term.

If you get a driver licence stop order, your limited licence will be cancelled. You might be able to get it back when the stop order ends.

If your limited licence is cancelled, you must give it back to the court, an enforcement officer, or an office of the Agency right away.

The court won’t give you a limited licence if you got more than 20 demerit points while driving a passenger service vehicle.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435080.

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Part 8 Mitigation of penalties and rights of appeal
Grant of limited licence

105Court may make order authorising grant of limited licence

  1. A court may at any time make an order under this section authorising the applicant to obtain, immediately or after the expiration of such period as the court may specify, a driver licence (a limited licence) authorising the applicant to drive to such extent (being the least extent that it is necessary to alleviate extreme or undue hardship) as the court specifies in the order.

  2. The court may make an order under this section if satisfied that—

  3. the disqualification or suspension has resulted or will result in—
    1. extreme hardship to the applicant (whether in relation to employment or otherwise); or
      1. undue hardship to a person other than the applicant (whether in relation to employment or otherwise); and
      2. the applicant meets the criteria specified in sections 103 and 104; and
        1. an order under this section is not contrary to the interests of public safety.

          1. In making an order under this section, the court—

          2. must specify—
            1. the purpose for which the limited licence is issued; and
              1. the particular vehicle or the type of vehicle which may be driven; and
                1. the days of the week and times at which that vehicle may be driven; and
                  1. such other matters as may be necessary to limit the order to alleviating the hardship which was alleged and proved; and
                  2. may specify in the order such other matters as the court thinks fit.

                    1. If the application relates to a disqualification order made by the District Court, the application must be made to a District Court Judge exercising jurisdiction in the court by which the order was made.

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

                    3. 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
                      1. 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.

                        1. Subject to subsection (6A) and section 30(5), if the court makes an order under this section, the Director must, subject to the provisions of this Act, issue to the person entitled to it a limited licence in accordance with the order even though—

                        2. the person's driver licence is suspended under section 90; or
                          1. the person is disqualified from holding or obtaining a driver licence.

                            1. If, after the court makes an order under this section, the Director becomes aware that the applicant is not entitled to apply for or be granted a limited licence in accordance with sections 103 and 104, the Director may—

                            2. decline to issue the limited licence; and
                              1. refer the applicant to the right of appeal under section 106.

                                1. If the holder of a limited licence, or a person who is authorised to obtain a limited licence but has not become the holder of such a licence, is convicted of an offence for which an order of disqualification is imposed,—

                                2. the limited licence is revoked or may not be issued (as the case may be) and the original order of disqualification is revived and has effect for the balance of the term for which it was originally imposed; and
                                  1. unless the court orders otherwise, the period of disqualification under the revived order of disqualification runs concurrently with the order of disqualification in respect of the second offence.

                                    1. If a driver licence stop order takes effect in respect of a person who holds a limited licence or is authorised to obtain a limited licence, then the limited licence—

                                    2. is revoked or may not be issued (as the case may be); and
                                      1. may, when a driver licence stop order is cancelled under section 91G or terminated under section 91H, be reissued or issued (as the case may be) unless the person is otherwise disqualified from holding a limited licence.

                                        1. A person who holds a limited licence that is revoked under subsection (7) must immediately surrender their photographic driver licence to the court by which the person was convicted, to an enforcement officer, or at an office of the Agency (whether or not demand is made on the person).

                                        2. The holder of a limited licence that is revoked under subsection (7A) must immediately, and whether demand is made on the holder or not, surrender his or her photographic driver licence to an employee or agent of the Ministry of Justice or at an office of that Ministry or at the court.

                                        3. Despite section 104(3)(b), the court may not make an order under this section unless the applicant satisfies the court that no more than 20 of the demerit points were accumulated while driving in a passenger service.

                                        Compare
                                        Notes
                                        • Section 105(2)(ab): inserted, on , by section 66(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                        • Section 105(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                        • Section 105(6): substituted, on , by section 11(1) of the Land Transport Amendment Act 2011 (2011 No 31).
                                        • Section 105(6): amended, on , by section 96(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                                        • Section 105(6A): inserted, on , by section 66(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                        • Section 105(6A): amended, on , by section 96(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                                        • Section 105(7)(a): amended, on , by section 11(2) of the Land Transport Amendment Act 2011 (2011 No 31).
                                        • Section 105(7A): inserted, on , by section 11(3) of the Land Transport Amendment Act 2011 (2011 No 31).
                                        • Section 105(8): replaced, on , by section 96(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
                                        • Section 105(8A): inserted, on , by section 11(5) of the Land Transport Amendment Act 2011 (2011 No 31).
                                        • Section 105(9): added, on , by section 59 of the Land Transport Amendment Act 2005 (2005 No 77).