Factsheet 50 – August 2008

Disqualifications and suspensions

THIS FACTSHEET is for people who have been disqualified or suspended from driving.

It explains:

• what happens when your licence is suspended or disqualified
• what a limited licence is, who is eligible to apply for one and how to apply
• how to get your licence back once your disqualification or suspension ends.

What happens if my licence is suspended for 28 days?

Your driver licence will be suspended on-the-spot for a period of 28 days if you:

• exceed the speed limit by more than 40 km/h
• drive with more than 650 micrograms of alcohol per litre of breath
• drive with more than 130 milligrams of alcohol per litre of blood
• fail or refuse to take a blood test for excess blood alcohol, or refuse to supply a blood sample
• are caught drink-driving and have been convicted of a similar offence within the previous four years.

The suspension begins immediately. You must surrender your licence to the Police or the NZ Transport Agency.

What happens if my licence is suspended for excess demerit points?

If you accumulate 100 or more active demerit points in any two-year period, your licence can be suspended for three months. The suspension begins when the suspension documents are served on you by the Police or the NZ Transport Agency. You must surrender your licence to the Police or the NZ Transport Agency or an authorised NZ Transport Agency agent.

What happens if I'm disqualified from driving by the courts?

If you're disqualified from driving by the courts, you're not entitled to hold your driver licence and must surrender it to the court office, the Police, or the NZ Transport Agency.

What happens if I need to drive while my licence is disqualified or suspended?

If losing your licence is going to seriously affect you (eg cause you to lose your job or cause a great deal of trouble for other people), you may be able to get a limited licence.

A limited licence lets you drive, but only under very strict conditions (eg at certain times, in certain vehicles or along specified routes).

Who can apply for a limited licence

You can apply for a limited licence if a court has disqualified you or your licence has been suspended for excess demerit points. You may not apply if the Police have suspended your licence on the spot for 28 days.

How are applications considered?

Applications for a limited licence are considered by the courts on a case-by-case basis. The court may consider why you were disqualified or suspended, for how long, how often you've been disqualified or suspended before, and what your reasons are for wanting a limited licence.

Can anyone get a limited licence?

Limited licences are not issued:

• if you were disqualified for repeat driving offences involving alcohol or drugs under section 65 of the Land Transport Act 1998 or section 30A of the Transport Act 1962
• for the purpose of conducting driving tests or acting as a driving instructor
• for use in a passenger service (except where demerit points were the only reason for the licence suspension and where no more than 20 of these points were accumulated while driving in a passenger service)
• for use in a transport service, if you were disqualified for excess alcohol while operating a transport service vehicle
• if you were disqualified for driving while already disqualified or suspended
• if you were disqualified for certain offences causing death or injury.

When can I apply for a limited licence?

If the courts have disqualified you, you may have to wait 28 days before you can apply. If you've been suspended because you have too many demerit points, you can apply immediately.

How do I apply for a limited licence?

It is recommended that you see a lawyer if you are considering applying for a limited licence. Your local community law centre or the Citizens Advice Bureau may also be able to help. The lawyer may tell you what your chances are of getting a limited licence, then get the necessary documents ready and present them to the court.

The court will write to you (or your lawyer) advising when your application will be heard. You have to appear at court on the date and time they give you.

If the court approves a limited licence, you'll be given a court order. Take it to an NZ Transport Agency driver licensing agent (a participating office of the NZ Automobile Association, Vehicle Testing New Zealand, Vehicle Inspection New Zealand or On Road NZ) and fill out an application form. The limited licence, which costs $46.50, will arrive in the mail.

• Make sure you only drive when and where you're allowed to.
• You must have the court order and your limited licence with you at all times when you're driving.

How do I get my licence back?

Roadside suspensions, demerit point suspensions and disqualifications of up to one year

If your licence was handed over to the NZ Transport Agency, a replacement licence will be manufactured and returned to your address recorded on the Driver Licence Register at the end of the suspension or disqualification – unless it has expired or you were further disqualified since handing over your licence. 

If you need to drive between your disqualification/suspension ending and receiving your licence in the mail, please contact our driver licensing contact centre on 0800 822 422 to arrange a temporary licence.

You can check that your address on the Driver Licence Register is correct, by calling our driver licensing contact centre on 0800 822 422. You can also update your address on the Driver Licence Register and/or the Motor Vehicle Register using our online Transaction Centre at transact.nzta.govt.nz.

If the NZ Transport Agency doesn't have your licence, you'll need to apply for a replacement. Take acceptable identification, evidence of your address and $31.10 to a driver licensing agent. You'll need to fill out an Application for replacement driver licence and/or driver licence identification card form (DL2).

Factsheet 20, Identification for driver licensing lists acceptable forms of identification and evidence of address.

Licences that expired while you were suspended or disqualified

If your licence has expired, you'll need to apply for it to be issued again. Take acceptable identification, evidence of your address and $44.30 to a driver licensing agent. You'll need to fill out an Application for driver licence form (DL1).

Disqualifications for more than one year

If you were disqualified and/or suspended from driving for a continuous period of more than one year, you'll have to requalify for your licence by sitting a theory test followed by a practical driving test.

If you had a car licence (Class 1) or motorcycle licence (Class 6), you'll have to pass the appropriate theory test and full licence practical test to get your licence back. If you had both a car licence and a motorcycle licence, and you want both again, you'll have to sit a theory and a practical test for each of them.

If you had a heavy vehicle licence (classes 2–5), you only sit theory and practical tests for the highest class to regain all the licence classes you held previously (except Class 6). For example, the holder of a Class 5 licence won't have to sit the tests for classes 1–4, just the theory and practical tests for Class 5. You may also be required to supply a medical certificate.

If you held any endorsements, you'll also have to apply for those again.

Repeat drinking or drug offences

If you were indefinitely disqualified for repeat driving offences involving drugs or alcohol (ie under section 65 of the Land Transport Act 1998 or section 30A of the Transport Act 1962), you'll have to prove that you've dealt with your drug or alcohol problem before you can apply to regain your licence.

Please note: Your application can't be looked at until you have served the minimum disqualification period of one year and one day. 

Step 1: Go to an approved alcohol/drug assessment centre

The NZ Transport Agency's driver licensing contact centre (0800 822 422) can tell you where your nearest approved alcohol or drug assessment centre is.

The centre will assess you and write a report on how well you are managing your drug or alcohol problem. If you received a letter from Land Transport NZ about getting your licence back, take it with you to the centre.

Step 2: Apply to get your licence back

Write to:

Driver Licensing
Transport Registry Centre
Private Bag 11777
Manawatu Mail Centre
Palmerston North 4442

Say in the letter that you're asking for your disqualification to end. You will need to include the report from the alcohol/drug assessment centre (or ask the centre or the doctor to send the report in for you).

The NZ Transport Agency will look at your letter and the report from the alcohol or drug assessment centre. The NZ Transport Agency can also consider any other information that might be relevant to your medical condition.

If the Agency is satisfied that you're managing your alcohol or drug problems, and that you're fit to hold a licence again, the disqualification will be removed. You'll be sent a letter confirming this, and telling you which tests you have to sit and pass to get your licence back. You can't drive until you pass those tests.

Step 3: Sit and pass the driver licence tests

Provided there are no other disqualifications being served, you can get your licence back by sitting and passing the theory test and practical driving test, or successfully completing an approved course. The cost depends on the type of licence you want to get back (car licence, truck licence, motorcycle licence, etc). You may also be required to supply a medical certificate.

When you apply to sit the tests, you have to present acceptable identification and evidence of your address, have your eyesight checked and your photograph and signature updated. Factsheet 20, Identification for driver licensing contains a list of acceptable documents that can be presented as evidence of identity and address.

The application fee is $44.30. A theory test will cost $39.70. The practical driving test fee varies between $48.90 and $70.80, depending on which classes of licence you are applying to have reinstated. If you fail any test, you'll have to pay another test fee before you can sit the test again.

I only hold an overseas driver's licence

If you were suspended or disqualified from driving and you only hold an overseas driver licence, you are not allowed to drive again in New Zealand until you have a New Zealand driver licence.

You cannot apply for a New Zealand licence until your suspension or disqualification has ended.

Factsheet 56, New residents and visitors - driving in New Zealand provides additional information about converting your overseas licence a New Zealand licence.

Learner or restricted licence

The time your licence was disqualified or suspended won't be included in any qualifying time required before you can move to the next stage of your driver licence.

What to do if you don't want to get your licence again

If you don't want to apply for your disqualification to end, or you don't want to sit your driver licence tests, don't drive.

If you're caught driving while any disqualification is still in place, the vehicle you're driving will be seized and impounded for 28 days. It doesn't matter if it's your car or not.

The fines for driving while disqualified are high – after the third time you're caught driving while disqualified you could get up to two years in prison and a fine of up to $6000.

Where you can find out more

• Email us: info@nzta.govt.nz.
• Call our driver licensing contact centre: 0800 822 422.
• Write to us: NZ Transport Agency, Private Bag 6995, Wellington 6141.