Melanie Coxon Barrister
Demerit / Drink Drive Work Licence - Commonly asked Questions
- What is a limited licence
A limited licence, also called a work licence is a temporary licence issued by the court after approval of a judge. It will have special conditions on it which limts your driving to certains hours and days of the week. It is designed to relieve extreme hardship mainly so you can keep your job or deal with urgent family/medical matters.
- Do Special conditions apply?
Normally a limited or work licence will spell out the hours you can drive, which days you can drive and were you can drive. Normally you must fill out a log book every time you drive your vehicle. You must fill in were you are going before you start your trip.
- Consequences for driving outside the terms of your limited licence
If you drive outside the conditions of your limited/work licence and are caught you will face a fresh charge of driving while disqualified and face a further six month disqualification, a further fine, your car will be impounded and your limited licence will automatically expire. Your car may also be confiscated by the court.
- If you have 100 or more demerit points then your licence will be suspended for 3 months
Can you apply for a limited licence? Yes, on hardship grounds. You will not automatically be given a limited licence. For example if you have a previous bad traffic record the police are likely to object if they consider you a danger on the road or you have lost your licence three times for demerit points.
- You can file your application in any District Court
Normally I will file your application at the Auckland District Court because my office is at level 1, 4 Kingston Street across from the District court but sometimes it will be quicker to file it at the North Shore Court for example however the Auckland court considers limited licences every day were some of the smaller courts do not..
- How long does it take to get a limited licence?
An application for a limited/work licence can take up to 2 weeks to prepare your affidavit, get an affidavit from your employer, obtain approval from the police prosecutor and get a date set for the hearing of your application. You should see me as soon as you can to start the legal process. If you know you are over 100 demerit points then it will pay to get the application prepared in advance of you being served to minimize the time you cannot drive.
- Can you get a limited licence during the 28 Day Suspension period?
No, if you drive in this period and you are stopped by the police you will be charged with driving while disqualified and you will not get a limited licence. If you are convicted you will suspended for a further 6 months, or 12 months if it is a third or subsequent convicted for driving while disqualified/suspended.
- Can you be refused a limited/work licence if you are suffering hardship?
Yes, if you have two or more drink drive convictions over the level 400 breath or 80 blood, or for refusing to give blood within five years.
As well taxi and bus drivers cannot get a limited licence to drive buses or taxis.
You should also be aware that the police can oppose an application for a limited/work licence even if you have five years between convictions if they consider you to be a danger on the road and are a threat to the public safety. This may occur if you have an extensive list of previous drink drive convictions or a bad traffic record.
- Can you still apply for a limited licence if the police oppose it?
Yes. This is because ultimately it is the judge who determines the application and sometimes police concerns can be met by the judge imposing special conditions. As well if you have done a defensive driving course this can on occasion tip the scales in your favor. A defensive driving course will cost you $150 and will require you to attend 4 nighttime sessions.
- What do you need to do to help me process your limited/work licence application?
Twelve Steps to drive Again!
Step One: You need to fill out the limited/work licence questionnaire. Answer each question honestly with adequate detail then submit the email form by clicking the submit button.
Step Two: When you have completed the questionnaire you need to make an appointment to come to my central Auckland office at level 1/ 4 Kingston Street (Opposite the Auckland District Court)
Step Three: You need to organize my fee $600 plus gst and the $150 court filing fee.
Step Four: When you attend the first meeting at my office you must pay a minimum $200 or more. The balance must be paid before the application is filed in the court. You will find that most lawyers charge more than I do.
Step Five: I will need to see you to prepare your affidavit then have you swear it before the Court Registrar.
Step Six: I will submit your application to the police prosecutor for approval. I will personally deliver it to him at his office in the building next door. This saves time and unnecessary delay because the application can be processed quicker. (No delay in the mail) This will save you time. Most lawyers will take your instructions, prepare the affidavit then mail it to you for your approval before they have you come back to their office and swear it. I will normally do it all at our your first meeting unless there is some good reason not to rush.
Step Seven: Once the police indicate they do not oppose your application I will personally deliver your application to the Court Registrar across the road from my office.
Step Eight: I will obtain a prompt Court date for your matter.
Step Nine: You will normally be required to attend court in the morning with me for your limited licence application hearing. However sometimes I can do it without you attending, if this is the case I will let you know in advance.
Step Ten: Once the licence has been approved by the Judge, the Court will then prepare the necessary official documents and your Limited Licence will be ready by the end of the day. You will need to attend the LTSA/AA (Land Transport Safely Agency / Automobile Association) Express office to get a new plastic driver’s licence.
Step Eleven: Either I or my clerk will escort you to the AA office one block away on the corner of Victoria and Albert Street, to help speed up the process.
Step Twelve: Fill in your log book which I will supply to you free and you can get driving.
I hope the above information is helpful to you and takes some of the mystery and worry out of the process. You arrange my modest fee. I will do the rest.
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Melanie Coxon
A User friendly Barrister
