Section 94 Application

A section 94 application is an application that substitutes a further period of driving disqualification for a community-based sentence – usually community work. It can be advanced if a client has previously been disqualified upon conviction. That means that the application cannot be advanced if it’s a client’s first offence. It is referred to as a section 94 application because the application is made under section 94 of the Land Transport Act 1998.

Generally speaking, the application is made for those charged with driving while disqualified, driving while suspended or driving contrary to an alcohol interlock or zero-alcohol licence. Steven will discuss a client’s eligibility if a section 94 application is available to them as an option.

A section 94 application requires that a guilty plea and conviction be entered. Then, the application itself is determined at sentencing (the final stage). Often, but not always, the application is made on a need to drive for work. If that is the case, an affidavit is filed by the client along with a supporting affidavit from their employer or someone who can corroborate the client’s employment. I will assist with drafting these documents. Unfortunately, this does require the need to disclose the offence to a superior at work.

It’s important to note that a successful section 94 application is not a “free pass” but rather a “quid pro quo” type scenario. As mentioned at the beginning, the driving disqualification is substituted; the punishment itself is not eliminated. Therefore, the client needs to be aware that while the court may be satisfied that a further driving disqualification need not be imposed, the client will need to complete some community work in lieu of that as the substituted punishment.

To find out more about section 94 applications in NZ, contact me now through the contact button below.