Work Licence and Limited Licence Applications
Karen Harding has specialist expertise and knowledge in representing clients on Limited Licence or Work Licence Applications and has presented Auckland District Law Society training seminars to other lawyers on the subject.
The correct legal term is "Limited Licence" although it is commonly called a "Work Licence". A Limited Licence can be granted only on the grounds of relieving extreme hardship caused by the suspension or disqualification of the original licence. The hardship is normally that the applicant would lose their job or there is undue hardship relating to family members or employers.
A Limited Licence is granted with restricted minimum driving conditions sufficient only to offset the proven hardship factors.
There are some restrictions on whether you can apply for a Limited Licence depending on:
- Your conviction history;
- The circumstances and the nature of the charge;
- Whether you have a previous specified conviction for an offence within five years of the date of the current offence.
Karen can provide expert advice on whether you are eligible under the law to apply for a Limited Licence.
If you have multiple previous convictions outside the five year period it is possible to get a Limited Licence if you can show efforts to rectify your drinking problems such as completing counselling programmes.
Why Use Karen?
There are many lawyers competing for Work Licence business with a wide range of prices. As is so often the case, what you pay is indicative of the quality of service you receive.
Karen designs the Limited Licence applications individually after spending time with you to ascertain your specific job and personal needs and represents you in court.
The lawyers who rely on the client filling in standard, often online, questionnaires to provide the information which goes into their court application for the Limited Licence have an increased risk that the licence will not cover all the client's requirements.
If the licence is not correctly worded and you have to drive outside these terms, the licence is invalid and you are driving contrary to a Limited Licence. The penalty is a further disqualification and you are not eligible for a Limited Licence during the new disqualification period.
If your job, business or personal life is in real jeopardy you need Karen Harding.
Applications Opposed by the Police
Most Limited Licence applications are pre-approved by the Police before the application comes to court. However some applications for Work or Limited Licences are opposed by the Police on the grounds of public safety.
Where there are reasonable grounds, Karen has the legal experience to contest the Police on applications opposed by the Police on safety grounds. Karen has achieved a high degree of success for her clients including successful appeals to the High Court, the results of which have been in her clients’ favour.
See Case Studies »
The Government have introduced an Interlock Licence, a new category of licence which will allow drivers who do not qualify for a Limited Licence or Work Licence*, to be able to continue driving.
*Drivers whose breath level was over 800 points or have two or more convictions within five years.
The interlock licence can be granted by the judge at the sentencing hearing.
The basic terms of the licence are:
- Your current licence is no longer valid.
- After a three month suspension period an Interlock breath testing device is fitted to the vehicle for 12 months.
- At the end of the 12 months, provided the readings of the interlock device meet the NZTA alcohol free requirements, the driver can be issued with a new licence type which has a zero alcohol limit for three years.
Stand Down Periods Explained
Demerit Points Suspension
Demerit Point suspensions are legally a civil application, not a criminal application. You can apply for a Limited Licence immediately after you are suspended for reaching 100 demerit points. The suspension period is three months and a Limited Licence can be applied for immediately.
The process of obtaining a Limited Licence can take up to two weeks. If you know you will be over the 100 points come and see us before you are served with the suspension notice and we can minimise driving days lost.
Demerits are issued for an increasing number of offences including speeding, use of cell phone while driving, not wearing seatbelts, careless driving convictions and other offences.
Alcohol and Dangerous Driving Disqualification
These are criminal offences with penalties imposed by the court. For most people an application for a Limited Licence with these offences cannot be heard until 28 days after the court sentencing date. During that 28 day period we can prepare all the documents and send them to the Police seeking pre-approval prior to the court hearing after the 28 day stand down period. There are different rules for youth drivers and for driving with sustained loss of traction.
Immediate On the Spot 28 Day Suspension of Your Licence*
Police can suspend your licence immediately under the following criteria:
- Your breath test result is over 650 points
- A blood test result is over 130 points
- You have a drink drive conviction within the previous four years
- You refuse to give blood when stopped
- You are travelling at more than 40kms over the signposted speed limit.
*You cannot get a Limited Licence for this 28 day suspension period.
Alcohol Related Offences
Drink Driving is a major offence category targeted by the Police. First offence and multiple drink driving offences tie up a large proportion of Police and court resources.
The Government is regularly revising and tightening the law in this area in various ways in order to apprehend and punish offenders. If you are charged with drink driving or even more serious multiple drink driving offences, it is important to consult a lawyer on the likely outcome of the case and what can be done to minimise penalties which escalate from fines and loss of licence for a first offence, to confiscation of vehicles and jail.
Repeat drink driving penalties are so serious that an experienced lawyer with specialised expertise is required. With a client who is prepared to take steps to rectify their behaviour and engage in rehabilitation programmes Karen has a high success rate of ensuring her clients avoid imprisonment.
If you drive for a living and have charges under the Land Transport or Passenger Services Legislation contact Karen now. She has vast experience with the regulations and has represented many clients in this area. The practice is in regular contact with the NZ Transport Agency on related issues. Consulting a specialist lawyer in this area can help avoid losing your licence and livelihood.