Limited (Work) Licence – Criminal

If a client has been disqualified from driving off the back of being sentenced for a criminal traffic offence, they may apply to the same District Court that they were disqualified in to apply for a Limited (Work) Licence.

The grounds upon which a Limited (Work) Licence can be granted are narrow and require that the driver undergo extreme hardship, and/or another person experience undue hardship due to a driving disqualification. The Police Prosecution Service (PPS) will decide whether they oppose the application, and I would discuss it with them before filing it at court.

One of the first criteria that Steven will determine before suggesting a Limited (Work) Licence is whether a client is eligible for one. A prime example of eligibility for a Limited (Work) Licence is if an alcohol interlock applies, a client cannot attain a Limited (Work) Licence. The reason for this is if an alcohol interlock applies, a client is statutorily barred under the Land Transport Act 1998 from applying for a Limited (Work) Licence. So, this is an important consideration from the outset.

If I determine that a client is eligible for a Limited (Work) Licence, this will allow them to travel for the purposes of work if public transport is not a viable option. Clients must be aware that there is a mandatory 28-day stand-down period after sentencing before applying for a Limited (Work) Licence. To apply an example of how this may work: a client may be sentenced on 1 March. If that occurs, they cannot drive on a Limited (Work) Licence for 28 days thereafter (i.e. on 29 March). So, a client will have to deal with not driving for that 28-day period.

If the Limited (Work) Licence application is based on hardship in relation to employment (often the case), an affidavit from the client’s employer should be filed, or at least someone who can corroborate their need to drive for their employment. I will assist with this process. Unfortunately, this does require the unfortunate need to disclose the offence to a superior at work. The client will also need to note that PPS have a strict policy that a Limited (Work) Licence cannot operate over a seven-day period. Therefore, driving for work Monday to Saturday inclusive is acceptable, but not every day.

To find out more about criminal Limited (Work) Licences in NZ, contact me now through the contact button below.