From suspension to solution: Limited licences in Christchurch

Our modern lifestyles are reliant on the convenience of being able to get from A to B without too much effort. Whether for work, visiting friends and relatives, taking the children to school, or for the weekly food shop, cars are a necessary form of transport for most Kiwis. Driving is typically taken for granted until the time your actions lead to disqualification.

There are two reasons why people lose their license and the right to legally drive:

1. You have accumulated more than 100 demerit points within a two-year period. In this instance your licence is suspended by way of written notice from New Zealand Transport Agency/Waka Kotahi (NZTA).
2. You have been found guilty of a driving offence under the Land Transport Act 1998 and your licence is revoked by way of order from a court of law.

Driving licenses are withdrawn for varying amounts of time, depending on the severity of your actions. For example, if you lose your licence due to an accumulation of demerit points, the NZTA will automatically suspend your licence for three months. If you are a habitual drink driver and have three or more convictions of driving over the adult alcohol limits, you risk a prison sentence or a hefty fine on top of a disqualification for a minimum of a year, plus you’ll need to retake your driving tests before being allowed behind the wheel.

Can I appeal losing my driving licence?

Yes, but remember losing your licence is a punishment, and an appeal will not be granted because it simply inconveniences you. However, in some extenuating circumstances, applications can be made to the NZTA for a limited licence during your period of suspension or disqualification.

What is a limited licence?

A limited licence, sometimes called a work licence, is essentially a driver licence with special rules and conditions which limit the cars, places, times and areas in which you can drive – hence why it is called a ‘limited licence’.

What are the grounds for being given a limited licence?

While licences are removed as a punishment and for public safety, the courts recognise it can have a devastating impact on an individual’s family and other people, such as their employer, who rely on their ability to drive. Judges may authorise limited licences if the disqualification or suspension causes either:

Extreme hardship: if you risk losing your employment or livelihood and there are no alternative transport options available.

Undue hardship: the burden of inconvenience has to be carried by someone else such as employer having to employ someone else to fulfil duties for the period of disqualification or suspension. Evidence must be sworn as an affidavit or affirmation.

How can I apply for a limited licence?

Before you can apply for a limited licence with NZTA, you will need consent from the Police and an order from the District Court to authorise you getting a limited licence. This is where Weston Ward and Lascelles’ limited licence lawyers Christchurch team can help you.

Our Christchurch limited licence lawyers liaise between the courts and police to agree the terms of the order and draft the necessary documents to achieve a successful outcome. We provide a questionnaire for you to fill out to collate the essential details for the limited licence application. The information our limited licence lawyers need includes, but is not limited to:

• Personal information: full name, home address, contact details, and date of birth.
• Driving history: previous speeding tickets, driving convictions, and the status of any fines, including payment arrangements.
• Employment details: your type of employment, duties, employer's name and address, and the person you report to.
• Vehicle information: the make, model, and registration numbers of the vehicles you drive.
• Driving schedule: the days and hours of the week you need to drive and the geographical area you need to cover.
• Hardship details: the hardships you and others face if you don’t have a licence.

Appealing a 28-day roadside suspension notice

If you have been given a 28-day roadside suspension notice, you can appeal if you fulfil one of the following three criteria:

1.    You were not the driver of the vehicle at the time of the offence.

2.    The police officer did not have reasonable grounds to believe an offence was committed.

3.    The police officer did not give you a notice that complied with the prescribed requirements.

If you are contesting the suspension notice, a statutory declaration needs witnessing by a lawyer, Justice of the Peace, or an authorised employee of the Transport Agency before being forwarded with any supporting evidence to the NZ Transport Agency. It’s a good idea to seek legal advice for the suspension notice before you submit your application – yes, you could appeal the licence decision yourself, but you could inadvertently risk your case.

This article is intended only to give you an outline of potential options you have if your driving licence is suspended or revoked. To understand fully the best potential solution for your unique circumstances, or if you have specific questions regarding limited licences, contact us today. Weston Ward and Lascelles offer confidential, non-judgemental legal advice for limited licences and appealing 28-day roadside suspension notices. Call 03 379 1740 or e-mail enquiry@wwl.co.nz.