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Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Mandatory alcohol interlock sentence for repeat offences and certain first offences

65AE: Period of disqualification

You could also call this:

“How long you can't drive when you get an alcohol interlock sentence”

When you get an alcohol interlock sentence, you can’t drive for a certain amount of time. This time is called the ‘period of disqualification’. The length of this period is the longest of these:

  1. At least 28 days.

  2. Any time when your licence has run out or been suspended under sections 90, 95, or 95A of the law.

  3. Any time you spend in prison, whether it’s for the offence that led to this sentence or for something else.

  4. Any time when you’re not allowed to have a driver licence. This includes times when you’re disqualified under section 65AD or 65AH(3), or because of an earlier disqualification. But it doesn’t include disqualifications under section 65(2) or (4).

The law uses the longest of these periods to decide how long you can’t drive for when you get an alcohol interlock sentence.

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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=LMS61399.

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65AD: Injury or death, or

"Losing your licence if you hurt or kill someone while driving"

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65AF: Alcohol interlock sentence disqualifies person from driving except under alcohol interlock licence, or

"Alcohol interlock sentence means you can only drive with a special licence"

Part 6 Driving offences involving drink or drugs, and penalties and procedures
Mandatory alcohol interlock sentence for repeat offences and certain first offences

65AEPeriod of disqualification

  1. The period of disqualification for an alcohol interlock sentence is the greatest of the following periods:

  2. 28 days; and
    1. any period when the person’s licence is expired or suspended under section 90, 95, or 95A; and
      1. any period when the person is in prison (because of the qualifying offence or otherwise); and
        1. any period when the person is disqualified from holding or obtaining a driver licence, including—
          1. under section 65AD; or
            1. under section 65AH(3); or
              1. because of an existing disqualification (except a disqualification under section 65(2) or (4): see section 65(3A) and (4A)).

              Notes
              • Section 65AE: inserted, on , by section 26 of the Land Transport Amendment Act 2017 (2017 No 34).