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Land Transport Act 1998

Mitigation of penalties and rights of appeal - Removal of disqualifications

100B: Court may cancel alcohol interlock sentence and disqualify driver instead

You could also call this:

“Court can switch alcohol interlock sentence to driving ban if your situation changes a lot”

If you have an alcohol interlock sentence and your personal circumstances have changed a lot, you can ask the court to cancel it. The court might agree to cancel your alcohol interlock sentence. If they do, they must do two things:

First, they will stop you from having or getting a driver licence for a certain time. The court will decide how long based on what you did wrong in the first place. They will look at the rules in section 65AI, imagining that one of the exceptions in section 65AB(2) applied to you.

Second, they will let you apply for a zero alcohol licence when your driving ban is over.

When the court decides how long to stop you from driving, they will think about two things:

  1. How long it’s been since you got the alcohol interlock sentence.
  2. How well you’ve followed the rules in section 65AG.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS61822.

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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"

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100C: Court may impose alcohol interlock sentence if exception no longer applies, or

"Court can change driving ban to alcohol testing device if special reason ends"

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

100BCourt may cancel alcohol interlock sentence and disqualify driver instead

  1. A person may apply to a court seeking the cancellation of an alcohol interlock sentence if the person’s personal circumstances have changed significantly.

  2. The court may cancel an alcohol interlock sentence, and if it does so, the court must—

  3. disqualify the person from holding or obtaining a driver licence for the period that is appropriate under the provision relating to the qualifying offence that would have applied under section 65AI if an exception described in section 65AB(2) had applied to the person; and
    1. authorise the person to apply for a zero alcohol licence at the end of the period of disqualification.

      1. The court may set the length of the disqualification imposed under subsection (2)(a) after having regard to—

      2. the length of time that has elapsed since the alcohol interlock sentence was imposed; and
        1. the person’s compliance with section 65AG.

          Notes
          • Section 100B: inserted, on , by section 34 of the Land Transport Amendment Act 2017 (2017 No 34).