New Zealand also has such harsh laws for the drivers to follow in order to maintain a safe transport system; disobeying which would result in suspension of the driving license of the individual. In case your driving licence has been suspended, remedies available are explained below for a better understanding:
Grant and Suspension of Driving Licence under the Land Transportation Act 1998
The driving rules and regulations in New Zealand are governed by the Land Transport Act, 1998 (“Act”). In normal circumstances, the driving license is issued by an Agency to the individual by virtue of Section 23 of the Act and the drivers are bound to follow all the rules as enumerated under the Act. The driving license may be suspended on account of several non-compliances on the driver’s end. For example, causing injury or death to any person, consuming more alcohol than the specified limit, etc. Such suspension and disqualification from driving usually occurs on demerit points system in terms of Section 90 of the Act; whereby the demerit points of every incident are recorded by the Agency and upon accumulation of 100 points, the driving license of a person is suspended for a period of three months.
What Remedy Is Available If Your License Is Suspended?
If the licence of the person is suspended, the best possible remedy available to that individual is to apply to Court for a limited license under section 105 of the Act. Court do take some factors into consideration in order to weigh that the applicant shall be granted a limited licence or not. For the applicant to qualify for a limited licence, it is mandatory for him to prove that extreme hardships have been caused to him due to such suspension or disqualification. For instance, he would not be able to commute in public transport as it time consuming and the person has to change three to four trains to reach at the job destination as his job role cannot afford such delays and this could make the applicant lose his job.
Another remedy available for suspension of driving licence includes right to file application before the Court to mitigate the penalties in terms of Section 99 of the Act. By virtue of the said section, such a person can apply to courts time and again to reduce the disqualification charges. Having said that, the Court would again consider several factors to grant such relief to the applicant. For example, if a person may prove that it has been a year since such disqualification from driving and the Court may now lift such disqualification from the applicant.
Why Appoint Fortune Manning Lawyers?
Our firm specializes in all kind of driving licence issues and we ensure to oblige our clients with our utmost best possible results. We understand that having a driving licence has become such a necessity in today’s life and in case of suspension of the same, a person becomes dependant on others who can drive them off from one place to another. We therefore assist our clients in case their licence is suspended and guide them through all the available remedies and defences which are available, including the grant of limited licences as well as mitigate the penalties of disqualification.
To book an appointment and/or for urgent consultation, please call us at Toll free phone 0800 436 529 or Phone +64 9 915 2401.
