Seat belts Licenses International Driving Permits Disqualification And Limited Licenses What is disqualification?
What do I need to prove to gain a limited license?
Helpful Contacts Seat Belts Do I have to make sure that people in the car are wearing seat belts?Yes, if you are driving the car you are breaking the law if you do not make sure that:
- All children aged 5 years and under are properly restrained in an approved child restraint; and
- All children aged 5 - 7 years are properly restrained in an approved child restraint or seat belt. If there is no approved child restraint or seat belt then that child must be restrained as securely as possible using any child restraint or seat belt that is available;
- All young people aged between 8 - 14 years are wearing a seat belt if there is one;
- All children under the age of 15 years who are opposite the driver are properly restrained by an approved child restraint or seat belt.
What if the people in the car are 15 years old or older?They are responsible for making sure they wear seat belts if there are any.
What are the fines for not wearing a seat belt?For people who are under 15 years and unrestrained, the driver must pay a fine of $150 for each unrestrained child. Those people who are 15 years and over and not wearing a seat belt must pay a fine of $150 themselves.
Licenses How do I get a Licence?To get a licence for a car, moped, motorbike, light vehicle (weighing less than 3500kg), forklift or tractor you must be at least 15 years of age. There are 3 stages you must go through before you can get a Full Licence.
If English isn’t your first language or you don’t read well, ask the Licensing staff for help.
Stage 1 - Learner Licence:You must get a Learner Licence before you begin to learn to drive. To do this, you must sit a written theory test (no oral questions) based on "The Road Code". To pass, you will have to get at least 32 out of the 35 questions right. This will qualify you to learn to drive.
You will be asked to pay for the tests and show your passport or birth certificate to prove your age. Your hearing and eyesight will be tested, so if you wear glasses for distance you must take them to the test.
If you pass these tests, you will receive a Learner Licence but there are rules you must follow:
- You must always have a "supervisor" in the front seat beside you when you drive (or if there is no front seat, then they must sit as close as is practicable to you). This must be someone who has had their Full Licence for that class of vehicle eg. Private motorcar for at least 2 years. They must also be "in charge" of the vehicle.
- You must have your licence with you at all times.
- You are only allowed 30 mg of alcohol per 100 ml of blood. This is such a low amount that it is better not to drink and drive at all. [See alcohol limits under Section 6 - Drink Driving]
- Your vehicle must display ‘L’ plates front and back (These are black and yellow and available from the AA and other participating organisations).
Stage 2 - Restricted Licence:When you have had your Learner Licence for at least 6 months you will have to sit a practical driving test. If you pass this, you will get a Restricted Licence, but again there are rules:
- The rules about having your licence with you and about alcohol are the same as for the Learner Licence.
- You can drive during the day without a supervisor (between 5am and 10pm).
- You must have a supervisor if you drive between 10 pm and 5 am.
- You must have a supervisor if you carry passengers unless the passenger(s) are your spouse, your or your spouse’s children, or a relative (by blood, marriage or adoption) who lives with you and receives a benefit.
- If you sat and passed your practical test in a car with automatic transmission, this will be indicated on your licence, and you must have a supervisor if you drive a manual car. If you have no supervisor then you must drive an automatic car. If you sat your test in a manual car, you may drive either a manual or automatic car.
Stage 3 - Full Driver's Licence:You may apply for a full driver licence after 18 months if you are under 25, and after 6 months if you are over 25. This period can be reduced if you successfully complete an approved advanced driver course (to 12 months if you’re under 25, and 3 months if you are over 25).
To qualify for a full driver licence you must pass a practical one hour test, called a Full Licence Test. The full licence test is designed to see if you can handle those driving situations that present the greatest risk in your first five years of driving.
If you cannot show the testing officer that you can handle these situations safely, you will not pass the test. You will remain on a restricted licence until you can pass it.
How much does it cost to get a licence? - Learner licence application fee $39.30
- Learner licence test $39.70
- Restricted licence application fee $39.30
- Restricted licence test $48.90
- Full licence application fee $44.30
- Full licence test $70.80
What will my driver’s licence show?Your driver’s licence will show:
- A digital colour photograph of yourself, your name and digital signature, your date of birth, dates of issue and expiry.
- The classes of vehicle (e.g., car, motorbike) you are licensed to drive, plus anything allowing you to drive special vehicles (e.g. forklifts), or do things like carry passengers in a bus or taxi.
- Anything you must do when driving (e.g. wearing glasses), organ donor information (optional), security features to deter forgery, and your address (optional).
How much does it cost and how long does it last?It costs $29.50 and has to be renewed every 10 years. Your eyesight has to be checked each time you renew your licence.
What if I misplace my license or it is stolen?The replacement will cost you the same price as a full license.
Can the police get my photograph off the Register of Driver’s Licences (i.e. the database which holds the photographic images used on driver licences)?The police can only get your photographic image off the Register if you consent or they’ve got a search warrant.
Do I have to have my licence with me when I’m driving?Yes. You can be fined $55.00 if you don’t have it on you. If you do hold a licence, can prove your identity in some other way and haven’t committed another offence when you are stopped the officer may decide to warn you instead.
What if I break the rules of my Learner or Restricted Licence?Each time you are caught doing this, the police can extend the time you must wait to get to the next stage of your licence by up to 6 months. If you are insured and have an accident while breaking the rules of your licence, your insurance company may not pay for any damage. It depends on the circumstances and on the insurance company.
What happens if I drive without a licence?You can be fined up to $1,000 although usually the fine is about $350.
Can I be excused from the Restricted Licence rules?Yes, you may be excused by a Commissioned Officer of Police such as an Inspector, if you can show that the conditions would cause undue hardship to someone or make it hard for you to get or keep a job. To be excused you must write a letter to an Inspector or someone of a higher rank and explain your situation.
Can I use my New Zealand licence overseas?Yes, in some countries. New Zealand drivers licences are accepted in many countries including Australia, Fiji, UK, and the Republic of Ireland. It is strongly recommended that you take an International Drivers Licence to ALL countries just to be sure.
Are there age limits for licences for other types of vehicles?Yes, for heavy trade or special type vehicles weighing more than 3500 kg you must be at least 18. You have to be at least 20 years for small or large passenger service vehicles and ambulances.
Further Information:You can get more information from the new Road Code or from the
LTSA website. Your nearest driver-licensing outlet (e.g. AA Express) also has copies of factsheets on specific subjects. The driver licensing helpdesk can be contacted tollfree on 0800 822 422. People with special needs (e.g. physical handicap) can phone tollfree
0800 223 977 for a booking at an AA Express centre.
For information on applying for motorbike licences and licences for other types of vehicles contact the Driver Licensing Outlet in your area.
International Driving Permits How do I get an International Driving Permit (IDP)?Applications are made to New Zealand Automobile Association (NZAA).
To apply for an IDP you must:
1. Be at least 18 years old.
2. Provide one passport type photo.
3. Produce a current FULL NZ licence.
4. Pay a fee of $8.00.
Do I have to apply in person?NO. As long as the details are correct a person acting on your behalf can sign the application form. The permit should be issued to you straight away.
How long can I use an IDP for?An IDP will only be valid for 12 months from the date of issue. If you get residency or start working in New Zealand you may continue to drive on your IDP up until its expiry (after 12 months) but you should apply for a local licence as soon as possible. When your IDP expires you will have to apply for a local licence anyway. If you get residency or start working in another country the rules regarding your IDP may be different and you should contact the local licensing authority.
If I am from overseas and already have an IDP, can I use it in New Zealand?Yes, providing the IDPs conform to models set out in the Transport (Drivers Licensing) Regulations 1987. New Zealand accepts IDPs from:
Algeria Denmark Madagascar South Africa Andorra Fiji Monaco Spain
Australia Finland Namibia Switzerland Austria Hungary Netherlands Syria
Belgium Iceland Poland Tunisia Bulgaria Italy Portugal Uganda
Canada Jordan Romania UK Congo Kuwait Senegal USA
Croatia Lithuania Slovakia Vatican City Czech Republic Luxembourg Slovenia Yugoslavia Zaire
Note: Some countries such as Morocco, Greece and Ireland have issued licences that are current but not valid in New Zealand.
What if my IDP is lost or stolen?You must apply again to the NZAA.
Disqualification And Limited Licenses What is disqualification?If you are convicted for an offence, the Court may decide to disqualify you from driving for a period of time. This means that your licence will be taken from you and you are not to drive or attempt to drive.
What if I am disqualified but need to drive?If you have been disqualified, you can apply for a limited licence that allows you to drive in certain situations. You should see a lawyer to organise this for you.
What do I need to prove to gain a limited licence?You have to prove either extreme hardship to yourself or undue hardship to another person.
- Extreme hardship - is if you suffer loss, because you have been disqualified from driving, which is excessive. For example, losing your job because you cannot get there or part of your job involves driving a vehicle.
- Undue hardship - is easier to prove than extreme hardship. For example, driving your children to school is the only way they can get there or driving is part of your job, but your employer cannot replace you for that part.
The Court must also be satisfied that it is not contrary to the interests of public safety for you to be granted a limited licence.
Do I have to go to Court?You will be required to go to Court to give your reasons for applying for a limited licence. Your written statement about this is called an affidavit.
What does the limited licence say?The limited licence outlines the conditions under which you are allowed to drive. It is an offence to break any of the conditions on the limited licence
Can anyone disqualified apply for a limited licence?
There are certain situations when you may not be able to get a limited licence:
- If you are convicted a second time for a drink driving offence involving injury or death, excess blood alcohol levels, or breath and blood tests.
- If you have been convicted twice in 5 years for a driving offence involving injury or death through careless, reckless, or dangerous driving, not stopping at or reporting an accident, or a drink driving offence.
- If you have breached a condition of a previous limited licence.
- If you do not have a licence in the first place.
Helpful Contacts The Insurance CouncilPO Box 474, Wellington
Ph: 04 472 5230
The Insurance Council has a service which deals with questions about insurance and complaints about insurance companies.
Insurance OmbudsmanPO Box 10845, The Terrace, Wellington
Ph: 0800 888 202
The Insurance Ombudsman hears complaints about insurance companies. However, you must
have at first tried to sort the problem out through the insurance company's complaints procedure.
YouthLawTino Rangatiratanga Taitamariki
PO Box 7657, Wellesley St, Auckland
Ph: 09 309 6967
Email: info@youthlaw.co.nz
Also see your telephone directory for your local:
- Citizens Advice Bureau
- Community Law Centre
- New Zealand Automobile Association (AA). This has a legal advice service for members and provides information on Driver Education.
- Driver Licensing Helpdesk Ph: 0800 822422.
- Land Transport Safety Authority. Website www.ltsa.govt.nz
- Police Station - For questions about Driving Licences and Traffic Offence Notices.
Note: This information sheet was produced by YouthLaw Tino Rangatiratanga Taitamariki Inc. and was last updated and reviewed in December 2009. Its contents are true and accurate to the best knowledge of YouthLaw Tino Rangatiratanga Taitamariki Inc. However, YouthLaw Tino Rangatiratanga Taitamariki Inc. assumes no liability for any losses suffered by any person relying directly or indirectly on this information sheet as it is not advice to a particular client. If you want advice, please contact us. ISBN # 0-909004-11-0. The Legal Services Agency provided the funding for the production of this information sheet