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Driving on a restricted license: Rules and penalties

Key Takeaway

A restricted driver's license in New Zealand permits driving under specific conditions, including passenger and time restrictions, and a zero alcohol limit for drivers under 20. Breaching these conditions can lead to demerit points, fines, and potentially license suspension or disqualification, as outlined in New Zealand transport legislation.

Driving on a Restricted License: Rules and Penalties

A restricted license is a provisional driver's license in New Zealand that permits a person to drive under certain conditions after passing a practical driving test from a learner license [Source: Land Transport (Driver Licensing) Rule 1999, cl 56]. The purpose of a restricted license is to allow new drivers to gain experience in various driving conditions before obtaining a full license.

Key Rules for Restricted License Holders

Restricted license holders must adhere to specific conditions while driving. These conditions are set out in the Land Transport (Driver Licensing) Rule 1999:

  • Unsupervised Driving: A restricted license holder may drive unsupervised [Source: Land Transport (Driver Licensing) Rule 1999, cl 58(1)(a)]. However, they cannot act as a supervisor for a learner driver [Source: Land Transport (Driver Licensing) Rule 1999, cl 60(1)(a)].
  • Time Restrictions: Driving is generally restricted to between 5 am and 10 pm [Source: Land Transport (Driver Licensing) Rule 1999, cl 58(2)(a)].
  • Passenger Restrictions: A restricted license holder may only carry the following passengers:
    • A supervisor who holds a New Zealand full driver license for the class of vehicle being driven, and has held it for at least two years [Source: Land Transport (Driver Licensing) Rule 1999, cl 58(1)(b)(i), cl 58(4)(a)].
    • Their spouse or partner [Source: Land Transport (Driver Licensing) Rule 1999, cl 58(1)(b)(ii)].
    • Their parent or legal guardian [Source: Land Transport (Driver Licensing) Rule 1999, cl 58(1)(b)(iii)].
    • A person who is their child or a child for whom they are a guardian, and who lives with them [Source: Land Transport (Driver Licensing) Rule 1999, cl 58(1)(b)(iv)].
    • A person who is dependent on them for care, and who lives with them [Source: Land Transport (Driver Licensing) Rule 1999, cl 58(1)(b)(v)].
  • Mobile Phone Use: A restricted license holder must not use a mobile phone while driving, unless it is being used as a navigational device and is securely mounted in a cradle, or to make an emergency call [Source: Land Transport (Driver Licensing) Rule 1999, cl 58(7)].
  • Alcohol Limits:
    • Drivers under the age of 20 years with a restricted license must have a zero alcohol limit. This means they must not drive if they have consumed any alcohol [Source: Land Transport Act 1998, s 78A(1)(a)].
    • Drivers aged 20 years or over with a restricted license must not drive if their blood alcohol concentration exceeds 50 milligrams per 100 millilitres of blood, or 250 micrograms per litre of breath [Source: Land Transport Act 1998, s 78A(1)(b), s 78A(2)].

Obligations of Restricted License Holders

Restricted license holders are obliged to adhere to all New Zealand traffic laws and regulations. This includes:

  • Carrying their driver's license at all times while driving [Source: Land Transport Act 1998, s 35(1)].
  • Complying with all speed limits, road signs, and general road rules.

Penalties for Breaching Restricted License Conditions

Breaching the conditions of a restricted license can lead to various penalties, including fines, demerit points (points recorded against a driver's license for traffic offences), and license suspension or disqualification (the temporary or permanent removal of a person's driving privilege).

  • Driving Contrary to Conditions (e.g., passengers, hours, mobile phone use): An infringement offence for breaching conditions under the Land Transport (Driver Licensing) Rule 1999 can result in a fine of $400 and 50 demerit points [Source: Land Transport (Offences and Penalties) Regulations 1999, Schedule 1, Part 1, item 13]. More serious breaches or repeated offences may be prosecuted under the Land Transport Act 1998, s 32(1)(a), which carries a maximum fine of $1,000 [Source: Land Transport Act 1998, s 32(3)(a)].
  • Driving with Excess Alcohol (Under 20):
    • If a driver under 20 has any alcohol in their system but is below specific infringement thresholds (e.g., less than 150 micrograms of alcohol per litre of breath), they may receive 50 demerit points and a $200 fine [Source: Land Transport Act 1998, s 78B(1)].
    • If the alcohol concentration exceeds these infringement thresholds, more severe penalties apply, which can include disqualification, fines, or imprisonment [Source: Land Transport Act 1998, s 78B(2)].
  • Accumulation of Demerit Points: Accumulating 100 or more demerit points within a two-year period results in a three-month driver license suspension [Source: Land Transport Act 1998, s 90A].
  • Driving While Disqualified or Forbidden: This is a serious offence. For a first offence, a person may face a fine of up to $6,000, and/or imprisonment for up to three months, and be disqualified from driving for a further minimum period of six months [Source: Land Transport Act 1998, s 32(1)(b), s 32(3)(b)].
  • Failure to Produce Driver License: Failing to produce a driver license for inspection by an enforcement officer can result in a fine [Source: Land Transport Act 1998, s 35(1), s 35(3)].

When to Seek Independent Legal Advice

Individuals facing charges related to breaches of restricted license conditions, demerit point accumulation, or potential disqualification should seek independent legal advice. Information about legal processes and free legal assistance is available from Community Law Centres throughout New Zealand or through a qualified legal professional. The New Zealand Police and the Waka Kotahi NZ Transport Agency provide information on road rules and licensing requirements.

Key Resources