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Is a Limited Licence different
from my existing Driver's Licence?
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Are there limitations on what I can
do?
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Yes. A Limited Licence (which can be referred
to as a Work Licence) has special conditions limiting
your driving to relieve the extreme hardship that you
would otherwise suffer if you could not drive at all.
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Are there any special requirements?
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You have to complete a log book for each
and every time you drive a vehicle and the trip must comply
with the licence conditions as set out in the Court Order
issuing the Limited Licence. I supply log books to my
clients as part of the service I offer.
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What happens if I drive outside the
conditions of the Limited Licence?
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If you drive outside the conditions of
your Limited Licence the licence is not valid and you
are driving contrary to the terms of the Limited Licence
and driving while disqualified. If caught you face a new
charge with a minimum disqualification of six months,
a further fine, your car will be impounded and you are
no longer able to have a Limited Licence. Your car may
also be confiscated by the Court on sentence on a charge
of Driving while Disqualified.
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I have, or will soon have, 100 Demerit
Points for speeding and will have my licence suspended
for three months.
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On what basis can I get a Limited Licence
granted?
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The only legal grounds for a Limited Licence
is that you will suffer extreme hardship, or your family
or employer, will suffer undue hardship if a Limited Licence
is not granted.
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Are there any reasons why I would not
be granted a Limited Licence if I qualify under hardship
grounds?
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Only if your previous traffic record is
bad and the Police would object to the granting of a Limited
Licence as they would feel that you are a danger on the
road e.g. your have lost your licence three times for
demerit points.
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When can I apply to the Court for a
Limited Licence and at which Court?
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The application can be heard at any Court.
I like to use, where suitable, the Auckland District Court
as it is a large Court located near my office and applications
are heard every week day, unlike some of the smaller Courts
which may only sit on certain days of the week.
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How long will it take to get the Limited
Licence granted?
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An application can take up to two weeks
to prepare, check, obtain Police approval and get a date
in Court for the hearing. You should start the process
as soon as possible. If you know that you are over 100
Demerit points we can prepare an application in advance
of you being served which will minimise the amount of
time you cannot drive to a few days.
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I have been given an immediate 28 Day
Suspension Notice for a driving offence and my licence
was taken by the Police.
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Can I get a Limited Licence to drive
during the 28 day suspension period?
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No you cannot get a Limited Licence covering
the 28 days. If you drive from the moment the Police take
your licence, you can be charged with Driving while Suspended.
You are likely to get a summons for the offence and if
found guilty be suspended for a further period of at least
six months, or 12 months if it is a third or subsequent
conviction for Driving while Disqualified/Suspended.
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I am going, or have been to Court and been
Disqualified from Driving for a period of time.
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Can I get a Limited Licence for the
disqualification period?
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You can on certain driving charges but
not on charges of Driving while Disqualified. You can
apply for a Limited Licence but the hearing cannot be
heard until 28 days after you have been disqualified in
Court. However I can prepare the Application and get approval
from the Police during the 28 day stand down period.
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On what basis can I apply for a Limited
Licence?
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As with Demerit point applications the
only grounds are extreme hardship or undue hardship to
another person.
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Are there any reasons why I would not
be granted a Limited Licence if I was suffering hardship?
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Only based on your previous traffic record
for the same offence. For instance, if you have two or
more drink drive convictions over the level 400 breath
or 80 blood, or for Refusing to Give Blood, within five
years you cannot apply.
Also some occupations have restrictions, i.e. taxi drivers
and bus drivers are not allowed to get a Limited Licence
to drive taxis or buses as you are not allowed to drive
fee paying passengers on a Limited Licence.
The Police could oppose an application for a Limited Licence
even if you had a five year gap between traffic convictions
if they considered you would be a danger on the road as
they have to consider public safety. This may apply if
you have an extensive drink drive history in the past
or a bad traffic conviction record.
We can still argue an application for a Limited Licence
if the Police oppose it on road safety grounds as the
Judge ultimately determines the application and sometimes
the Police concerns can be addressed with extra conditions
in the Court Order, such as not to consume alcohol or
to attend for alcohol counselling and alcohol treatment
and rehabilitation. Confirmation reports/certificates
would be filed with your affidavit to prove you had addressed
any drinking problems.
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Where can I apply to get a Limited Licence
Granted?
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The application has to be heard in the
Court where you were disqualified.
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How long does it take to prepare?
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About two weeks; start as soon as possible
to minimise the time off the road.
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How do I Organise an Application
for a Limited Licence?
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Do I need a lawyer?
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Technically no, but it is complicated to
meet all the requirements of the application and receive
Police approval on your own. Also legal documents must
be drafted, being a Notice of Motion, Affidavits and draft
Court Order. I am an expert in this area.
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What do I need to do?
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Ring my office and make an appointment.
We will interview you to get the information we need,
prepare all the documents for you and your employer (if
not self employed), negotiate approval with the Police
and apply for a hearing date on your behalf.
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How much of my time is involved?
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Usually I need to see you three times:
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we need to interview you for about
an hour to an hour and a half to get the necessary
information and when we have prepared your documents
we will email, fax or post them to you for checking
and approval;
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when you are happy with them you
and your employer (if not self employed) have to
come to my office to swear the documents which are
filed in Court; and
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3.
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attend at Court in the morning with me for your Limited Licence Application hearing. The Court office then prepares their official documents that day and you will have your Limited Licence by the end of the day after attending at the LTSA/AA Express Office to get a new plastic driver's licence. |
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