Fri Oct. 3rd 2014
A Driver’s Licence is a privilege not a right, the loss of which arising from disqualification or suspension can cause substantial hardship to the driver if, for example, that person is self-employed or to someone who is a third party (for example a relative dependent upon the driver for transportation).
In some circumstances it is permissible to apply under the Land Transport Act 1998 for a limited licence providing the section under which the driver was disqualified does not in fact prohibit the making of such an application for a limited licence.
If a Court is satisfied that the disqualification or suspension was or will result in extreme hardship to the applicant or undue hardship to another person other than the applicant and the statutory criteria is met including consideration of the issues of public safety, the Court can grant a limited licence.
The limited licence must specify:
- the purpose for which the limited licence is issued;
- the particular vehicle or the type of vehicle which may driven;
- the date of the week and the times in which the vehicle may be driven; and
- such other matters that may be necessary to limit the order to alleviate the hardship which was alleged and proved and may specify in the order any such other matters as the Court thinks fit.
The field relating to limited licences is quite technical and this article of necessity is very general. Legal advice is accordingly recommended.
The contents of this article are for general information only and does not constitute legal advice and should not be substituted for professional legal advice obtained from your solicitor.