We have completed many Limited Licence applications for drivers in Otago and Southland. Drivers that have lost their licence due to a demerit points suspension or Court-imposed disqualification can apply to the Court for a Limited Licence.

Many people ask to be able to drive to and from home. Often they are refused this request unless they can prove a genuine need and the absence of any real alternative.

Many drivers are surprised by the stringent requirements for obtaining a Limited Licence and legal assistance is often required. In all applications, an appearance must be made before a judge and this can be daunting for some people. In the case of some demerit points suspensions, this may be the first time that they have appeared in Court.

Every application must be scrutinised by the police and they are invited by the judge to make submissions before any order is granted.

Key requirements

There are three key requirements for obtaining an order for a Limited Licence.

Firstly, the Court can only make an order authorising the applicant to drive for '… the least extent necessary to alleviate extreme or undue hardship'.

A judge can only order such conditions that are the least extent necessary to alleviate the hardship claimed. Many people ask to be able to drive to and from home. Often they are refused this request unless they can prove a genuine need and the absence of any real alternative (eg a bus).

Secondly, the disqualification or suspension must have resulted or will result in 'Extreme hardship to the applicant' or 'Undue hardship to a person other than the applicant'.

The extreme hardship test depends on circumstances but a common reason given is that a person may lose their job if they cannot drive.

Thirdly, the order must not be 'contrary to the interests of public safety'.

Although a driver with a poor driving record may face problems obtaining a Limited Licence, the court considers all factors including the conditions proposed for driving during the period of the Limited Licence.

The application needs to be filed in court, along with affidavits and a draft order setting out the purpose, geographic range, vehicle and times of driving. Since the judge and the police need time to consider the applications, the court date is usually set down for hearing five working days after the application is filed.

On the day in court, the lawyer stands up and asks that the application is granted. Police then indicate whether or not they oppose the application. If the judge approves of the application the, order is granted. The order is then taken to an agency such as the Automobile Association to get a Limited Licence for the period granted.

Common problems

A lawyer is usually needed because the application must be carefully drafted. This includes ensuring that affidavits are correctly prepared with all the necessary supporting evidence.

It is important that the application provides the supporting evidence because the police will be well aware of alternatives such as buses, walking, or cycling.

Some drivers ask for an 'unlimited' licence' in the sense that they want to be able to drive at any time, anywhere. Occupations such as midwives, truck drivers, and agricultural contractors can fit into this category. Judges and the police understand that unusual hours may be sought, but they need to see the supporting evidence. In cases where the driver needs to be 'on-call' then it is important to include a condition that limits the amount of driving time per week.

Please give us a call if you have any questions about obtaining a Limited Licence.
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