Lost your driver's licence? Franklin Law can help you secure a Limited Licence. 

A limited licence is a type of licence that allows individuals who have been disqualified from driving the restricted ability to drive for the purposes of their job.  It is commonly known as a work licence.

Who can apply for a limited licence?

The Land Transport Act 1998 (“Act”) determines who may and who may not be eligible to apply for a limited licence. Essentially, anyone who has been disqualified from driving under the Act and anyone whose licence has been suspended as a result of excess demerit points may apply for a limited licence. It is that simple.

There are exceptions to this which are specified within section 103(2) of the Land Transport Act. These exceptions include individuals who:

  • have been disqualified for repeated drink or drug driving;
  • are subject to an alcohol interlock sentence;
  • are subject to a stop order on their licence;
  • have been disqualified for driving whilst disqualified; and
  • have previously been convicted within 5 years of their current offence.

If you do not fit into any of the above exception categories, then you are eligible to apply. At Franklin Law, our lawyers in Pukekohe or Papakura can guide you through the process of applying for a work licence.

Are you subject to a stand down period?

If your licence has been disqualified due to a minor traffic offence such as excess demerit points, you may engage us to apply for your limited licence immediately.

If your licence has been disqualified due to a serious traffic offence, you must complete a 28-day stand down period before your application can be filed with the Court. During this time you cannot drive and must arrange alternative transport. You may also engage us during this time so we can prepare your application.

Information you will need to provide.

When applying for a limited licence, an applicant must provide answers to the following questions:

  1. The details of the vehicle that will be driven whilst on the limited licence;
  2. Information about your place of work, including details of your role, responsibilities, the company you work for and the services they provide;
  3. Detailed information about the offence, such as why you accrued the demerit points or how you lost your licence and where you lost your licence;
  4. Why not having a limited licence would cause extreme hardship to you. How would it affect your day to day work and why no one else would be able to fulfil your role at work during the disqualification period;
  5. Why it is extremely difficult for you catch public transport, or hire a driver to take you to work;
  6. Why no one else would be able to drive you to work during the disqualification period;
  7. Why not having a limited licence would cause undue hardship for the people around you, i.e., colleagues, dependent children or adults;
  8. Specifics on the places you would need to travel to and from on the limited licence. This provides the basis for your limited licence so details are important here; and
  9. The specific hours you will be driving whilst on your limited licence.

Things you need to be aware of when applying for a limited licence. 

A limited licence is just that. It limits you from your full driving abilities as a consequence of your actions, but allows you to continue to get to work.

You must apply to the Court and attend a hearing.

Following the Court hearing, you will receive a sealed order from the Court which allows your limited licence. It is important to remember that this Court order is NOT your limited licence and you must take this to your nearest VTNZ or other authorized licence location in order to obtain your temporary limited licence.

It is a requirement that you keep the sealed Court order and temporary limited licence on you at all times when driving.  You are also required to record your driving attendances in a logbook which records the distance travelled, the locations travelled and the start and stop time of the journey. We suggest you keep these items together in your glove box in the case a Police officer requires confirmation.

Franklin Law can help you with legal advice in this area.

The process of applying for a limited licence can be complicated as there is no application form, but your application must meet the Courts requirements or it will not proceed.  Franklin Law can assist with the whole process.

Let us know once you receive notice from the Police.  Then we will draft an application to the Court, along with a draft order, an affidavit from you, and an affidavit from someone in support of your application. Normally we would suggest this be a business partner or employer.

Once drafted, we send your application to the Police for their approval, as a limited licence needs to be agreeable by them. Once approved, we finalise all documents which includes arranging for you and the person supporting your application to swear or affirm supporting affidavits.

We then file your application with the Court if you wish, or you can file it yourself. The Court will process the application and provide a date to attend the Court for the case to be heard before a Judge.

Each matter will vary in time based on each individual’s circumstances, however we attempt to process each matter within 5 weeks which takes into account the 28-day stand down period.

Contact Us Today

If you need help with your limited licence application or any other legal matter including wills and power of attorney, commercial property law, or family law, reach out to either our Pukekohe or Papakura offices. 

For personalised assistance, contact Eddie Taia, Senior Associate. 

You can also complete our enquiry form or explore our legal services to find out more about how we can assist you. 

The information contained in this article is necessarily of a generalised nature and is correct as at July 2024. Specific advice should be sought in relation to any particular situation. 

Article written by Jessica Wilkinson