New Zealand Legislation: Acts

32 Contravention of section 5(1)(c)

• (1) A person commits an offence if the person drives a motor vehicle on a road—

  • (a) while disqualified from holding or obtaining a driver licence; or

  • (b) contrary to a limited licence; or

  • (c) while his or her driver licence is suspended or revoked.

  (2) Nothing in subsection (1) applies to any person—

  • (a) who has been ordered by a court to attend an approved driving improvement course under section 92(1) or a programme approved by the Agency under section 99A or to undergo any test or examination prescribed for a driver licence or endorsement; and

  • (b) who, in the course of his or her attendance at that course or programme or while undergoing such a test or examination,—

    • (i) in the case of a motorcyclist, drives under the supervision of a person who holds a driving instructor or testing officer endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999 that is relevant to a class of licence for a motorcycle:

    • (ii) in any other case, drives while accompanied by a person who holds a driving instructor or testing officer endorsement under Part 5 of the Land Transport (Driver Licensing) Rule 1999.

  (3) If a person is convicted of a first or second offence against subsection (1),—

  • (a) the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

  • (b) the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

  (4) If a person commits a third or subsequent offence against subsection (1) (whether or not of the same kind of offence as the previous offences), the person commits an indictable offence and on conviction—

  • (a) the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and

  • (b) the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.

  (5) For the purposes of this section, a conviction for an offence against a provision of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or the Transport Act 1962 corresponding to an offence specified in subsection (1) is to be treated as a conviction for an offence specified in that subsection.

  (6) The imposition of a mandatory disqualification under this section is subject to section 81.

  Compare: 1962 No 135 ss 30AA(2B), (4), 35(1), (1A)

  Section 32(2)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 32(2)(a): amended, on 16 January 2006, by section 21(1) of the Land Transport Amendment Act 2005 (2005 No 77).

  Section 32(2)(b): amended, on 16 January 2006, by section 21(2) of the Land Transport Amendment Act 2005 (2005 No 77).

  Section 32(2)(b)(i): substituted, on 16 January 2006, by section 21(3) of the Land Transport Amendment Act 2005 (2005 No 77).

  Section 32(2)(b)(ii): substituted, on 16 January 2006, by section 21(3) of the Land Transport Amendment Act 2005 (2005 No 77).