Limited Licence

If you need a limited licence we can help. These applications are one of our most common work areas, and we’ve been doing them for years. Please note, many cut-price “Law Firms” offer reduced limited licence services, with cut-price law firms you get what you pay for; typically you will not get legal representation in Court, essentially you will be paying for administration services. Antunovic Law does not and will never offer these kind of services. We only offer our clients a full legal service, as we believe this is the only way to ensure our clients make the best case possible.

Not everyone can apply for a limited licence to see if you may be eligible you can call us now (Carrie 021 1878 643 or the Office 04 499 0155) or email (enquiry@antunoviclaw.co.nz ) us . The call is completely free and you will be under no obligation to continue to use our services.

An overview of the legal process and what a “Full Legal Service” actually means is detailed below.

Antunovic Law offers a full legal service. That means:

• we will ensure you go to Court with an experienced lawyer;
• we will take care of the legal/administrative tasks;
• we will provide you with full legal advice; and
• we will make sure you understand the process.

What is a limited licence/work licence?

A limited licence allows people who have been suspended/disqualified from driving to get permission to drive for a limited and specific purpose (e.g. to drive to work or to drive for work purposes).

Only a Judge can grant a limited licence, and the Judge’s decision is based on a range of factors that are discussed below.

What are the Steps?

Firstly, we would meet or talk through your situation. We should be able to give you a fair idea of whether or not you meet the minimum requirements to apply for a limited licence.

Please note, even if you meet the minimum requirements (see below for further details), there is no guarantee that you will get a limited licence, much depends on the specifics of your case and the ultimate decision rests with the Judge.

Assuming that you appear to meet the minimum requirements and you wish to proceed with a limited licence, then one of our lawyers will prepare a draft application on your behalf (including a Court order and affidavit(s)). Your lawyer will then contact the police and negotiate, if need be, the final terms of your licence. Once your Lawyer has negotiated an agreed position and prepared your paperwork, your lawyer will file the application with The Court. Please note a Court filing fee of $150-$200 applies.  Also note, the application will need to be filed in the same Court where the disqualification was imposed e.g. if you were sentenced to disqualification in the Wellington District Court you must apply to the Wellington District Court for a limited licence .

Once the application is filed, your lawyer will advise you of the Court hearing date (this is the date your case will be heard in Court, in Wellington this is normally every Friday at the Wellington District Court). You and anyone else who swore an affidavit will need to come to court (unless agreement has been made to the contrary) and your lawyer will appear on your behalf and present your case to the Judge. The Judge will then decide your application. Normally this only takes half an hour.

If the Judge grants the order The Court will provide you with a stamped copy of the order which then entitles you to obtain your limited licence.

You will then need to take this stamped order to the nearest NZTA Office (in Wellington this is the AA centre at 342-352 Lambton Quay) and present this order along with an NZTA Limited Licence Application Form.  You must provide the NZTA with one form of evidence of identity (passport, birth certificate etc) and one form of evidence of name and address (perhaps a bank statement, electricity bill etc). Please note that due to a recent law change on 1 October 2011 NZTA agents are no longer able to issue you with a temporary paper licence UNLESS you tell them that you need to be issued with one urgently to get you back driving for work. They should then ring through to the NZTA and they should be able to assess your case on the spot and hopefully issue you with a paper licence. You should then be sent the plastic limited licence in approximately 10 days. The NZTA will require a further cost of $39.90 to issue your limited licence.

If all of this sounds complicated, don’t worry our Lawyers are here to help. They will make sure you understand the process thoroughly and they will keep you fully informed throughout the process.

What is the test for a limited licence?

To get a limited licence you must meet two tests or gateways.

First Gate Way: Eligibility requirements

You cannot apply for a limited licence if:

• You have been indefinitely 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 you were 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 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).

Second Gateway: Extreme hardship requirement

You must be eligible to apply (see the eligibility requirements above) and you will need to satisfy the Judge that if you cannot drive then you will experience extreme hardship, or there will be undue hardship to another person.  E.g. your employer will not be able to continue your employment if you cannot drive.  Please note some drink driving offences (e.g. excess breath alcohol, drug driving, careless/reckless driving etc) require you to wait a mandatory 28 days before you can apply for a limited licence.

I have seen lower rates for limited licences advertised on the internet, why is there a difference?

You may have come across some other websites offering limited licence services at a cheaper rate (usually around $500). Ordinarily these discounted services fall well short of the professional standards of our Firm.  Typically, discounted services are limited to the paperwork and police negotiations only, most probably you will not receive a full professional service, which means you will not have the legal process explained to you and most critically you will not get a Lawyer to appear on your behalf, instead you will have to appear before the Judge yourself. Each week we see clients appear in Court who have purchased discount limited licences; too often they compromise their case due to a lack of advice and legal representation. For this reason our law firm does not and will never offer this reduced service. If you are unsure if you are buying a discounted or full service, simply ask whether you will actually meet with your lawyer to discuss your case AND that a lawyer will appear on your behalf.

What if I need to vary the conditions of my limited licence at some point during the disqualification period?

Sometimes clients need to change the conditions of their licence, for example if you move address or need to change the vehicle you have been permitted to drive. This is possible and is normally dealt with on the papers so normally it doesn’t require you or you Lawyer to attend Court as long as the police consent to the variation.  You will not be required to pay a further filing fee but if you agree to use our services there will be a charge for our work, this will be discussed with you and you are you are under no obligation to use our services.

When can I apply again if my application is denied?

If your application for a limited licence is refused by The Judge you can apply again if your application is supported by relevant new evidence that was not available when the previous application was heard. If no substantial new evidence has arisen, you must wait three months before reapplying.

Telephone (04 499 0155) or email (enquiry@antunoviclaw.co.nz )