The communication was above and beyond…
Matthew needed to be able to drive his truck for work during lockdown – and we made sure he could. The licence matter was heard and granted in Chambers due to COVID-19.
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This question has two answers.
The first answer is No – absolutely not. You are not able to apply to the Court during those 28 days.
You were stopped travelling over 40 km/h over the posted speed limit, the New Zealand Police will check you are not driving during the 28 days and you may not have any idea they have done so.
There is NO provision for any form of Driver Licence able to be obtained during that time in NZ. There is NO legal recourse to obtain a Driver Licence during those 28 days.
Police will immediately impound whatever vehicle you are driving for 28 days (including a $650-$900 impound fee), and arrest you for driving while suspended/ Disqualified, and you will then face a Judge in court where they will sentence you to 6 months Disqualification. This 6 months you would NOT be eligible for a Limited Licence as it was obtained through Driving While Disqualified - and you are therefore not eligible to apply.
The Second answer is this :- Your offence carries a 50 point Demerit Penalty. If you pay the fine you will then be awarded those Demerit Points and if you already have 50 points from previous offences then you will incur a 90 day Drivers Licence Suspension. The date of the suspension can start as soon as you are served by Police. Therefore as you already cannot drive right now (because of the 28 Day Roadside Safety Suspension, you would want to be served as soon as possible. Meaning that your 90 day suspension starts ASAP. You would then apply to us and we draft your documents in the 28 day period, and as soon as this ends we would Serve Police, and put you through court to drive for the remaining 60 days of your suspension.
The rules around 2L and 4L - Learner Truck Driver supervision are VERY clear. ONLY fully licenced drivers that have held the Class Licence for the Truck they are in are able to supervise the 2L and 4L Driver. Police would ask for the drivers Licence - and see it was 4L, they would then ask the passenger if he is a Class 4 driver that has a Licence. If the passenger is suspended for Demerits OR is Disqualified for EBA then that driver does NOT currently hold a Full Driver's Licence. The passenger is not legally allowed to supervise anyone - and if he said he was supervising then he would be arrested for Driving whilst Disqualified - even if he is not driving but "thinks" he is supervising.
If however the Driver holds a Class 4L and they are in a Class 2 Truck... (this means the Driver holds a Full Class 2 - as you must have a Class to to start your 4L) and the passenger is a Demerit Suspended or otherwise Disqualified driver, (who might normally hold a Class 2, 3, 4, 5) - then he is not supervising. He is merely a passenger which is fine. The driver is allowed to operate the Class 2 Truck on his full Class 2 Licence.
It is important to note - all drivers regardless of Classes held are NOT allowed to supervise anyone driving any Class when they get their Limited Licence - and for the full duration of the Limited Licence.
It is sometimes the case that a speeding driver obviously attracts Police attention, gets pulled over, and then the officer finds a list of issues and tickets the driver for each one. For example :
• A Speeding infringement ticket for speed 40km/h over the limit
• An Infringement Ticket for no seatbelt
• An Infringement ticket for no L Plate Displayed
In this example the driver is given a single ticket (in the mail) that contains three offences. Each offence would NORMALLY carry demerit points of 50, 25, 25. However as all of the offences occurred at the same time, only the highest demerit points infringement are logged and the other two are waived. The driver would still have three fines for those offences. But a single 50 point Demerit infringement only. If the driver had 40 points existing they could mistakenly think they were going to have 40 + 50 + 25 + 25 = 140 Demerit points, but that is NOT the case. Their Demerit total would be 90 Demerit Points and the Demerits would not be loaded onto the Driver's Licence until they either [paid the fine or they opted to take the matter to the District Court and lost. If they won the Court hearing then no points would be recorded.
When hospitals take your blood for an alcohol test or an "Ethanol Serum" test as they refer to it... they provide the result immediately from their lab. That number is written in mmol/L - and is matheatically 21.7% of the BAC (Blood Alcohol Concentration) figure you would get if you waited two week for the results . Therefore you need to multiply your hospital blood figure in your documents from the hospital by x 4.6 to get your accurate BAC level. 34 mmol/L = BAC of 157 (this is extremely high - and is 3 under a BAC of 160 which would qualify for an Interlock Disqualification under the law. The BAC level limit is 80. See here - https://www.alcohol.org.nz/alcohol-its-effects/about-alcohol/blood-alcohol-levels
Sometimes were are told by applicant's that "the judge told me that I was eligible for a work licence...".
We actually hear this quite often. The reality is Judges are people, people make mistakes. There are completely precise rules written into the Land Transport Act 1988 relating to exactly who may and who may not apply for a Limited Licence - or work licence.
Laws are not written by the courts - they are enforced by courts. Laws cannot be altered by courts - only by the Government and that's Parliament.
So being told in court by a Judge, that you are eligible for a Limited Licence (when the law says that you are not) (depending exactly on your situation and precise reason for your disqualification) does not, and will not ever change the fact that – if you are "statute barred" from applying for a Limited Licence, then that is exactly what you are. No Judge can change that. Regardless of what they tell you in court.
A perfect example of this is an Interlock Disqualification and Interlock Device. Once you achieve an Excess Breath Alcohol reading of 800mcg/l of breath (or a BAC level of 160) you instantly trigger the Land Transport Act 1988 Interlock section, meaning you will be convicted of EBA over 800mcg/l – and the sentence for that is an automatic Interlock Disqualification. The only licence achieveable from the NZTA in that situation is an Interlock Licence. Nothing else. It goes further, if the Judge somehow fails to disqualify you with an Interlock Disqualification (because they want to be kind - and wrongly believe that sentence will be helping you - it will not) then you simply cannot actually get an Interlock Device installed and get an Interlock Licence. This is because the NZTA who mandate interlocks REQUIRE you to be sentenced to an Interlock Disqualification - in order to grant an Interlock Licence.
That means it's worse than having an interlock device, not better than, and the Judge will have done you a major disservice. We have seen this happen in a NZ Court, about half a dozen times - yes the same District Court and the same Judge. Mistakes can happen. In this event - The driver was not able to get an interlock and was also not able to get a Limited Licence. The Police will also not say a word in Court when this happens - it's just not their problem, it's yours.
Firstly - it is critical to note that drivers on International Driver's Licences do NOT hold a New Zealand Drivers Licence.
International drivers are however able to drive in NZ on their "home country" drivers licence - normally for 12 months (however during covid it has been extended to Mar 31 2022). Any demerit points they incur on that licence are recorded with the Police and the NZTA under their identity and a record called their "Pseudo Record". The Pseudo Record is not a NZ Drivers Licence and is the only way for the NZTA to track that driver. There is NO way for the driver to drive on NZ roads once they incur 100 Demerit Points. If they do so and they are stopped by Police they will be arrested and charged with DWS. Driving while disqualified and incur the normal penalties for that charge - 6 months added disqualification, fines and vehicle impounded. It is interesting to note that if they were able to - the driver could return to their country of origin and their drivers licence would not be suspended and they could drive there.
The Police are a large number of employees working hard at what they do and the law around a Limited Licence is very complicated and absolutely precise.
The fact is :-
When your driver's licence is suspended by the NZTA - ALL Demerit Points on it at that moment are wiped. The maximum suspension for Demerits in 3 Months and once you trigger that - all points on your record are erased.
In this example the Police are wrong and, you will only be suspended once.
The short answer is:
At the exact moment you were suspended – your NZ Driver's Licence is frozen.
No endorsements or additional classes can be added to it until you have completed your suspension, disqualification or Limited Licence.
Drivers start their licence with no demerit points. Infringements (such as speeding or using a mobile phone, or not wearing a seat belt) incur demerit points. If you accumulate 100 or more active demerit points within any 2-year period, your licence will be suspended for a period of 3 months and you will not be entitled to drive.
It depends. Your Limited Licence will allow you to:
• Drive from home to work and return
• Carry out the duties of your employment should they require driving (such as a courier or sales rep)
• Travel to see your children if you need to, and to take them to school etc.
We will customise a Limited Licence, including the terms and conditions that fit your life, and one that is tailored to your circumstances. Click here to request a call back from one of our experts to discuss your circumstances.
Unless the requirement to supervise them is written into your Court Order for your Limited Licence - the answer is a flat NO.
If you’re on a Limited Licence we DO NOT recommend you attempt to supervise a learner driver.
This is because the terms of your Limited Licence are very specific – and designed to ensure you can go to and from work. The moment those hours are over each day, you instantly don’t have a drivers licence. It’s as simple as that.
If you are supervising a learner driver outside those times, then they are an "un-licenced learner driver" who is driving without a licenced driver supervising them. This means they will incur a 50 demerit point infringement immediately. If you are next to them in the vehicle you would likely be charged with driving outside the terms of your court order and that is a criminal offence which will get you a criminal record, an impounded vehicle and about $2,000 in fines, as well as a 6 month disqualification added - and your Limited Licence cancelled.
When you’re given a limited licence, you now have your driver’s licence – but ONLY for the precise terms granted in the court order. The second those hours are over each day, you instantly don’t have a drivers licence. It’s as simple as that.
So, if you are caught driving outside the conditions outlined in your court order, even by 5 minutes, the effects are the same as driving while on a suspended or disqualified licence. Your car will be impounded for 28 days (that’s a $650-$900 storage fee), and you’ll get your driver’s licence disqualified for a further 6 months (importantly without the option to reapply for a Limited Licence), you’ll receive a $750 compulsory fine, and an additional criminal conviction for driving while suspended.
If you are caught driving on your Limited Licence, the care you are driving will immediately be impounded for 28-days (costing you $650 in impound fees) and your driver’s licence will be suspended for an additional 6-months – meaning you will be suspended from driving for up to 9 months in total. If you are caught driving while suspended, you will not be able to apply for a limited licence, either. You’ll get a $750 compulsory fine, and a criminal conviction for driving while suspended. This will appear on your records, and will need to be disclosed to any potential employer, landlord, or country you wish to apply for a visa to travel to.
It costs far less to apply for a Limited Licence with NZLL than it would to pay the consequences of driving while your licence is suspended. If you do need to drive to, from or for work, we can help you apply for a Limited Licence so you can get back on the road legally.
No – absolutely not. The New Zealand Police and the District Courts both take a very dim view of a driver who has been suspended for 3 months deciding to get behind the wheel and drive while suspended, whether or not you are going to work.
They will immediately impound whatever vehicle you are driving for 28 days (including a $650-$900 impound fee), and arrest you for driving while suspended.
This offence is a criminal offence and is treated very differently from a 3-month suspension of your driver’s licence. It carries a $750 fine, a compulsory 6-month licence disqualification, and a criminal conviction. It also removes any ability for you to apply for a Limited Licence, so you will not be able to drive for a total of 9 months. Your new criminal conviction must be disclosed to any potential employer, landlord, or country you wish to apply for a visa to travel to - for 7 years.
Right now your driving matter is currently a ‘civil matter’ – you simply have a drivers licence suspension. Please, don’t go criminal!
No insurance will cover a driver with a suspended licence. However, if you are granted a Limited Licence, you should still be covered by your car insurance policy, as long as you are adhering to the conditions approved within that licence. That being said, always check with your own insurance company that your coverage remains in place.