Limited Licence

also known as a 'Work Licence'
Atticus Legal | Hamilton Lawyer | Limited Licence

What is a Limited Licence?

If you are suspended or disqualified from driving, you may be eligible to apply for a Limited Licence.     A Limited Licence will enable you to drive a particular vehicle only at limited times, in limited areas and only for specific situations (usually for work purposes only).

How much will it cost?

Our fee for a Limited Licence application (not opposed by the Police) is $1,000.00 plus GST (plus Court filing fee – see below).

If your application is opposed by the Police then this will involve further work by us in preparing submissions to counter the Police objection and therefore involves a higher fee.  We will let you know if your application is opposed and advise what further fee we may charge.

There is also a filing fee payable to the Court on all applications as follows:

  • Demerit points $200.00
  • Criminal Offence (e.g. excess breath alcohol) $150.00

We require payment of $600.00 up front when you engage us.  This covers the abovementioned filing fee and part of our fee.  The balance of our fee must be paid before the Court hearing date.

Got more questions? Please call Jo Wadmore at Atticus Legal for more information about Limited Licences.

Are you eligible for a Limited Licence?

A Limited Licence can be granted by the Court if you can show that your suspension or disqualification would cause extreme hardship to you or undue hardship to another person.   For example:

  • If driving is part of your job and your employer will suffer hardship if you do not get a Limited Licence (e.g. by having to hire someone else to fill your job while you are disqualified) then this can constitute ‘undue hardship’ to your employer. This is the most common basis for a Limited Licence.   If you are self-employed, you may still be able to get a Limited Licence, but the requirements when applying are slightly different.
  • If you have a sick relative who depends on you for their important transportation needs (and who doesn’t have any other options) then this may constitute ‘extreme hardship’ to your relative.

Note that mere inconvenience to yourself or others (e.g. not being able to drive your children to school) is not enough to satisfy the hardship requirement.

In addition, the Court must be satisfied that the granting of a Limited Licence would not be contrary to the interests of public safety.   For example, your application may be declined if the Court believes that the granting of the application would be contrary to public safety where you have lost your licence due to ‘boy racer’ activity or reckless driving.

You are not eligible to apply for a Limited Licence where:

  • You are disqualified for excessively high blood/breath alcohol levels.
  • You are disqualified indefinitely because of repeat drug and/or alcohol offences.
  • You are disqualified from driving while operating a passenger transport vehicle (passenger service, goods service or vehicle recovery service).

Also, if you have previously been convicted of any of the following offences within the last 5 years and you are disqualified again for any of the same offences you will not be able to apply for a Limited Licence:

  • Any driving offence involving drugs or alcohol;
  • Conviction for dangerous, reckless or careless driving causing injury or death; or
  • Holding or applying for a driver’s licence while disqualified from doing so.

Please note that a Limited Licence application is not a mere rubber stamping by the Court.   Each case is assessed on its individual merits.  If your application is not successful you cannot re-apply for another 3 months.  To maximise your chances of success, hiring Atticus Legal is money well spent.

Does a stand down period apply?

If your offence has a mandatory loss of licence for six months or less (e.g. excess demerit points) then there is no stand down period.  However, if your offence has a mandatory licence suspension/disqualification of six months or more (e.g. excess breath alcohol), there is a mandatory 28 day stand down period.  In that case, the Court will not hear your application for a Limited Licence until at least 28 days after your disqualification.  However, we can prepare the application documents during that 28 day stand down period and file them as soon as the 28 days has passed.

What is required to apply for a Limited Licence?

First, we meet with you to gain an understanding of what lead to your disqualification or suspension and assess whether you are eligible or have any applicable stand down period.   At this early stage you will need to discuss with your employer whether or not they will support your application (i.e.  with an affidavit stating the employer will suffer hardship).  We will need to speak to your employer.  We then prepare the application to the Court along with an affidavit to be sworn by you.   In the case of an application which relies on hardship to your employer, your manager or supervisor where you work will also need to swear an affidavit which we will prepare.

We then send to the Police a copy of the documents prepared on your behalf, to seek their agreement to the application and the scope of the Limited Licence.

If you are eligible, then generally the Police will not oppose your application.  However, even if they do oppose it, we can often succeed with your application anyway.

How long will it take to get my Limited Licence?

Once the application documents are filed in the Court, the hearing date is usually set one week ahead.  It is therefore in your best interests to have the application prepared and filed in Court as soon as possible.  In outlying areas of the Waikato (e.g. Te Awamutu or Huntly), the wait for a Court date may be longer.  You will need to attend the Court hearing with us.

If your application is successful you will usually be granted a Limited Licence on the day of the Court hearing.  On the hearing date the Court Registry will give you a copy of the Court Order which you then take to the AA who will issue you with the Limited Licence.   You will initially be given a temporary Limited Licence by the AA, while one with your photograph on it is prepared and sent out to you.  When driving you must always carry both the Court Order and your Limited Licence.  You must also fill out and carry with you a journey logbook every time you drive.

Got more questions? Please call Jo Wadmore at Atticus Legal for more information about Limited Licences.

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