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JUNE 2013

Limited Licences Revisited

What is a Limited Licence?

A limited driver’s licence may be granted by the Court in certain cases of hardship to people who have been disqualified or suspended from driving a motor vehicle.

Who can apply for a Limited Licence?

You can apply for a limited licence if:

  • you are disqualified from holding or obtaining a driver’s licence by a court order; or
  • your licence has been suspended because you have accrued demerit points.

Who can not apply for a Limited Licence?

You can not apply for a limited licence if:

  • you are disqualified from holding or obtaining a driver’s licence because of repeat offending involving alcohol or drugs;
  • you are disqualified from driving in a transport service;
  • you are disqualified because of being convicted for driving while disqualified or driving contrary to the conditions of a limited licence;
  • you are disqualified because you committed one of a group of specified driving offences (including reckless or dangerous driving; careless or inconsiderate driving causing injury or death; failing to stop after an accident; and driving offences relating to alcohol or drugs) and you did so within five years after committing another offence in that group (whether or not the two offences were of the same kind).

What is the procedure for applying for a Limited Licence?

To apply for a limited licence you will need to apply to the Court, setting out the reasons why you need the licence, the hours, route and vehicle you would be driving. You will also need to provide evidence, both from yourself and from some other person (such as an employer) in support of your application, explaining how not being granted the licence would cause you extreme hardship or cause some other person undue hardship.

On what basis will the Court grant a Limited Licence?

The Court can make an order authorising a limited licence if it is satisfied that not granting it would cause you extreme hardship or cause another person undue hardship. The Court must also be satisfied that granting the limited licence would not be contrary to public safety. When it makes the order the Court will specify:

  • the purpose for which the licence is issued;
  • the particular vehicle or type of vehicle that you may drive;
  • the days of the week and the times at which you may drive the route you are permitted to drive;
  • any other matters necessary to limit the order to alleviate the hardship but no more;
  • and such other restrictions as it sees fit.

What is the 28 day restriction?

If your disqualification arose out of certain offences, the Court can’t order a limited licence to be issued until 28 days after your conviction. The offences to which this applies include:

  • offences involving driving hours or logbooks;
  • reckless or dangerous driving; careless or inconsiderate driving causing injury or death; failing to stop after an accident;
  • offences involving alcohol or drugs;
  • applying for or obtaining a licence while disqualified.

In summary, limited driving licences are not granted to everyone. It is essential that you obtain our advice at as earlier stage as possible.