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Restricted Licence Holders and the Limited Licence

Plenty of restricted drivers lose their licence, often through demerit points. Being on your restricted does not stop you applying for a Limited Licence. But there are a few things to think about that full licence holders do not face.

You can apply

Section 103 lets people who are disqualified under the Land Transport Act, or suspended for demerit points, apply for a Limited Licence unless one of the listed exclusions applies [1]. Holding a restricted licence is not one of them [1]. The usual test applies: extreme hardship to you or undue hardship to someone else, and an order that is not contrary to public safety [1].

How restricted drivers usually get here

Breaking your restricted conditions, such as carrying passengers you are not allowed to carry, is 35 demerit points [4]. Three of those and you are past 100. Reaching 100 points within 2 years means a 3-month suspension [4]. For a demerit suspension there is no stand-down before you can apply [2].

Only the class you held

A Limited Licence order can only cover a class of vehicle you held a licence for immediately before you were disqualified or suspended [1]. If you were on a restricted car licence, a car is what you can ask for. It is not a way into a truck or onto a motorbike you were never licensed for.

Your restricted conditions

On a restricted car licence you cannot drive between 10pm and 5am, or carry most passengers, without a supervisor [6]. We set out who can supervise a restricted driver and which passengers you can carry in a separate post. The Land Transport Act does not say whether those rules carry over to a Limited Licence. A Limited Licence card shows no licence classes and tells the driver to follow the court order [5].

So do not assume either way. If your work needs you to drive at night, or to carry passengers such as workmates, say so in your affidavit and draft order and let the judge decide [1]. If the answer matters for your job, get legal advice before you rely on it.

Your path to a full licence

Time spent disqualified or suspended does not count towards the time you need before moving to the next stage of your licence [7]. Plan for that if you were close to sitting your full test.

The evidence

Younger drivers often have less paperwork to show. That is fine, but facts still matter more than feelings [3]:

  • an employer affidavit if the hardship is about work, because a letter is generally not enough [3]
  • your hours or roster, and how you would get there otherwise
  • why buses, lifts or cycling do not work for you
  • your full driving record, including the offences behind the suspension [3]

Every affidavit is signed only in front of the person who witnesses it, and the easiest place to do that is at the court when you file. Never sign one in advance.

Sources

  1. Land Transport Act 1998, sections 90, 103, 104 and 105, New Zealand Legislation, https://www.legislation.govt.nz/act/public/1998/0110/latest/DLM434582.html (accessed 19 October 2026)
  2. Get a Limited Licence, New Zealand Ministry of Justice, https://www.justice.govt.nz/courts/criminal/get-a-limited-licence/ (accessed 19 October 2026)
  3. Practice Note: Applications for a Limited Licence (24 May 2024), District Court of New Zealand, https://www.districtcourts.govt.nz/assets/Uploads/Publications/2024/Limited-Licence-Practice-Note-FINAL.pdf (accessed 19 October 2026)
  4. Demerit points, NZ Transport Agency Waka Kotahi, https://www.nzta.govt.nz/driver-licences/driving-offences-and-penalties/demerit-points (accessed 19 October 2026)
  5. Your driver licence explained, NZ Transport Agency Waka Kotahi, https://nzta.govt.nz/driver-licences/getting-a-licence/your-driver-licence-explained/ (accessed 19 October 2026)
  6. Land Transport (Driver Licensing) Rule 1999, clause 18, New Zealand Legislation, https://www.legislation.govt.nz/regulation/public/1999/0100/latest/whole.html (accessed 19 October 2026)
  7. Driving offences and penalties (Factsheet 55), NZ Transport Agency Waka Kotahi, https://www.nzta.govt.nz/assets/resources/factsheets/55/docs/55-driving-offences-and-penalties.pdf (accessed 19 October 2026)

Frequently asked questions

Can I apply straight away after a demerit suspension?

Yes. There is no stand-down for a demerit suspension, but wait until the suspension notice has been served on you.

Can I give my mates a lift on a Limited Licence?

A Limited Licence only covers driving for the purpose, times and places in the order. A social trip is outside that.

Will this push back my full licence?

The time you are suspended or disqualified does not count towards your next licence stage.

We prepare Limited Licence documents. From $645 + GST. Call 0800 437 005 or start at nzlimitedlicence.co.nz/apply.

Checked by Guy Hollister, Director, NZ Limited Licence, on 29 Oct 26

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