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Criminal & traffic law

Losing your licence: Suspensions and disqualifications

Overview

Land Transport Act 1998, ss 5(2), 30(3), 82

There are a number of situations in which the courts or the police can take away your licence for a time, either through a suspension or a disqualification, or both.

Suspensions and disqualifications are related penalties and sometimes overlap:

  • a “suspension” is something that happens to your licence – the licence becomes temporarily invalid, so you can’t use it to drive
  • “disqualification” is something that happens to you, not your licence. It means that, whether or not you have a current licence, you’re not allowed to have or obtain a driver’s licence for the period of the disqualification. If you do have a current licence, the effect of the disqualification is also to suspend that licence.

Sometimes a driving offence will have disqualification as an optional or automatic penalty (for example, driving under the influence of drink or drugs), and this will happen whether or not you have a current licence. Some other penalty provisions specify that either your licence will be suspended or, if you don’t have a current licence, you’ll be disqualified.

When can I get a suspension or disqualification?

You can receive a suspension or disqualification in the following situations:

  • Disqualification as a court penalty – A judge can disqualify you as an additional penalty after convicting you for one of various driving offences. For some other offences, disqualification is automatic, not optional.
  • Demerit points for bad driving record – Your licence can be suspended for three months for a record of bad driving over two years – or, if you don’t have a licence, you can be disqualified for three months.
  • Roadside suspensions – The police can suspend your licence on the spot for 28 days in some cases of repeated or serious drink-driving or speeding.
  • Driver licence stop orders for unpaid fines – If you have unpaid fines for traffic offences the Ministry of Justice can issue one of these stop orders, which suspend your licence (or disqualify you if you don’t have a current licence) until you pay the fines or come to an arrangement with the courts for repayment.

Those measures are explained in the following sections.

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Driving and traffic law

Where to go for more support

Community Law

www.communitylaw.org.nz

Your local Community Law Centre can provide free initial legal advice and information.

Applying for a limited licence” (guide)

This Plain English guide, plus template application forms and affidavits, will help you apply for a limited licence. It’s available on the Community Law website – www.communitylaw.org.nz

New Zealand Transport Agency (NZTA)

www.nzta.govt.nz

Phone: 0800 699 000
Email: info@nzta.govt.nz

The NZTA site provides a wide range of driving and road safety information, including on topics covered in this chapter.

You can read and download fact sheets and other publications from their site, or you can order hard copies by contacting them, including their fact-sheet on Legal mobile phone use while driving.

www.nzta.govt.nz/assets/Safety/docs/legal-mobile-phone-use-while-driving-fact-sheet-june-2020.pdf

NZ Police

Frequently Asked Questions

www.police.govt.nz/advice/faq

The “Driving/road safety” and “Tickets/infringements” section of this webpage have Frequently Asked Questions about traffic fines, speeding, demerit points and where you can pay your fines.

Consumer protection

“Parking, towing and clamping”

www.consumerprotection.govt.nz/help-product-service/cars/parking-clamping-towing

This Consumer Protection webpage has information about the law covering tow trucks and wheel-clamping on public and private property, and about unreasonable fees in private car parks.

Also available as a book

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