(1) This rule may be cited as the Land Transport (Driver Licensing) Rule 1999.

(2) This rule is the Land Transport Rule 91001.

(3) This rule comes into force on 3 May 1999.

(1) In this rule, unless the context otherwise requires,—

(2) For the purposes of this rule, in a year that is not a leap year, birthdays and other dates that would otherwise occur on 29 February are deemed to occur on 28 February.

A statement of the objective of this rule is set out in Schedule 1.

The statement of the extent of the consultation that has been carried out in relation to this rule under section 161(2) of the Act is set out in Schedule 2.

(1) The provisions of this rule set out in subclause (2) do not apply to a member of the New Zealand Defence Force who applies to be issued with a driver licence if that person—

• (a) is required to drive motor vehicles covered by that class of licence as part of that person's military duties; and

• (b) has successfully completed a course provided by the New Zealand Defence Force for that purpose and which is approved by the Agency; and

• (c) includes, with the person's application, a letter from the person's commanding officer detailing compliance with paragraphs (a) and (b).

(2) The provisions referred to in subclause (1) are—

• (aa) the requirement in clause 15 that an applicant for a Class 2L licence must hold, and have held for at least 6 months, a full Class 1 licence:

• (a) the requirement in clause 15 that an applicant for a Class 3L licence must hold, and have held for at least 6 months, a full Class 2 licence:

• (b) the requirement in clause 15 that an applicant for a Class 4L licence must hold, and have held for at least 12 months, a full Class 2 licence:

• (c) the requirement in clause 15 that an applicant for a Class 5L licence must hold, and have held for at least 6 months, a full Class 4 licence:

• (d) the requirements in clause 17 that an applicant for a restricted licence of a particular class must hold, and have held for at least 6 months, a learner licence of that class:

• (e) the requirements in clause 19 that an applicant for a full licence must hold, and have held, an appropriate learner licence or restricted licence for a particular time.

(3) Clause 16(1)(b), (c)(i), and (d)(i) do not apply to an apprentice, technician, or mechanic in the motor trade when that person is driving, in the course of that person's employment, a motor vehicle that is owned by, or is in the custody of, that person's employer.

(4) Clause 16(1)(b), (c)(i), and (d)(i) do not apply to a person who is driving a motor vehicle that is clearly marked as being used for driving instruction.

(1) The classes of driver licences that may be issued are set out in column 1 of Schedule 3.

(2) The holder of a licence of a class specified in column 1 of Schedule 3 is authorised to drive a vehicle described in relation to that class of licence in column 2 of Schedule 3, and any other vehicle authorised in accordance with subclauses (3) to (6), in accordance with the conditions imposed by or under this rule.

(3) The holder of a Class 2 licence is authorised to drive a vehicle to which Class 1 relates.

(4) The holder of a Class 3 licence is authorised to drive a vehicle to which Class 2 or Class 1 relates.

(5) The holder of a Class 4 licence is authorised to drive a vehicle to which Class 2 or Class 1 relates.

(6) The holder of a Class 5 licence is authorised to drive a vehicle to which any of Classes 1 to 4 relate.

The types of endorsements that may be issued are set out in Schedule 4.

A person who applies to obtain, renew, or replace a driver licence, an endorsement, or a driver identification card must complete an application form that must include—

• (a) the applicant's full name; and

• (b) the applicant's residential and postal addresses; and

• (c) the applicant's date of birth; and

• (d) the applicant's place of birth; and

• (e) the applicant's gender; and

• (f) the medical declaration required by clause 39 and, if required by that clause, a medical certificate in accordance with that clause; and

• (g) the class of driver licence or type of endorsement applied for; and

• (ga) if the application is for a passenger, vehicle recovery, driving instructor, or testing officer endorsement, whether the applicant is applying for the endorsement to be issued for a period of 1 year or a period of 5 years; and

• (h) whether the applicant agrees to be an organ donor; and

• (i) whether the applicant requests that the applicant's address appear on the driver licence; and

• (j) a statement signed by the applicant that, to the best of the applicant's knowledge and belief, all the information given by the applicant is correct and that the applicant is not disqualified from obtaining or holding a driver licence.

(1) The applicant must produce the following evidence of the identity of the applicant to be sighted by the licensing agent:

• (a) a New Zealand passport that is current or has expired within the 2 years immediately preceding the date of application; or

• (b) a New Zealand driver licence that is current or that has expired within the 2 years immediately preceding the date of application; or

• (c) a passport issued by or on behalf of the government of a country other than New Zealand that is current or has expired within the 2 years immediately preceding the date of application; or

• (d) one of the following certificates issued under the Citizenship Act 1977:

  • (i) a certificate of New Zealand citizenship:

  • (ii) a certificate confirming New Zealand citizenship:

  • (iii) a certificate confirming registration of citizenship by descent; or

• (e) a current certificate of identity issued under the Passports Act 1992; or

• (f) a current certificate of identity, as defined in section 4 of the Immigration Act 2009; or

• (g) [Revoked]

• (h) a current refugee travel document issued by or on behalf of the Government of New Zealand; or

• (i) a New Zealand Police or New Zealand Defence Force photo-identity card issued to non-civilian staff that is current or has expired within the 2 years immediately preceding the date of application; or

• (j) a full birth certificate issued in New Zealand, the Cook Islands, Niue, or Tokelau; or

• (k) [Revoked]

• (l) any firearms licence containing a photograph that is issued under the Arms Act 1983, and is current or has expired within the 2 years immediately preceding the date of application.

(1A) Despite subclause (1),—

• (a) if the Agency considers that the information contained in driver licences, passports, or certificates of birth issued by or on behalf of the government of a country other than New Zealand may not be reliable, the Agency may issue a direction to all licensing agents prohibiting the acceptance of all or any specified class of documents issued by or on behalf of the government of that country as evidence of the identity of the applicant; and

• (b) no document to which a direction under paragraph (a) applies may be accepted by a licensing agent as evidence of the identity of the applicant while that direction remains in force.

(2) The applicant must produce the following evidence of the address of the applicant to be sighted by the licensing agent:

• (a) an account statement, issued in the 12 months immediately preceding the date of application, from a bank, building society, credit union, or credit card issuer; or

• (b) a telephone, gas, or electricity account issued in the 6 months immediately preceding the date of application; or

• (c) a form of identification issued in the 12 months immediately preceding the date of application that includes the address of the applicant and that is acceptable to the licensing agent as evidence of the applicant's address.

(3) If the name in which an applicant wishes to have the driver licence, endorsement, or driver identification card issued is not the same as the name on the national register of driver licences, or a document specified in subclause (1) or subclause (2), the applicant must produce—

• (a) a marriage certificate or a civil union certificate; or

• (b) a dissolution of marriage order or a dissolution of civil union order; or

• (c) a deed poll of change of name; or

• (d) other comparable evidence of identity that is acceptable to the licensing agent as evidence of the identity of the applicant.

(4) Despite subclauses (1) and (2), if a practical driving test is not commenced at the premises of a licensing agent, the identification documents required under this section must be sighted by either—

• (a) the testing officer who conducts the practical driving test; or

• (b) a person appointed for the purpose by the Agency.

(1) An application to obtain, renew, replace, or reinstate a driver licence, an endorsement, or a driver identification card must be lodged with a licensing agent.

(2) Despite subclause (1), an application under clause 86(2) must be made to the Agency.

(1) When applying to obtain or renew a driver licence or to replace a driver licence where clause 74(2)(c) applies, an applicant must allow the licensing agent to take a photographic image of the applicant and an electronic impression of the applicant's signature for use on the driver licence.

(2) When applying to obtain or renew a driver identification card or to replace a driver identification card where clause 74(2)(c) applies, an applicant must allow the licensing agent to take a photographic image of the applicant for use on the driver identification card.

(3) When being photographed by a licensing agent an applicant must not wear sunglasses, a hat, any head coverings, or anything else that might obscure the applicant's face or prevent the photographic image from being a good likeness unless—

• (a) the applicant is required to wear the item for religious or medical reasons; and

• (b) the applicant signs a statement to that effect.

(4) Despite subclause (1), an applicant for the renewal of a driver licence who is 80 years of age or over is only required to allow the licensing agent to take a photographic image of the applicant and an electronic impression of the applicant's signature if the renewal corresponds to the person's eighty-sixth birthday or any birthday that is 10 years or a multiple of 10 years after the person's eighty-sixth birthday.

When applying to obtain or renew a driver licence or an endorsement, a person must pass an eyesight test as specified in clause 38.

When applying to obtain, renew, replace, or reinstate a driver licence, an endorsement, or a driver identification card, a person must pay the appropriate fee or fees (if any) specified in or assessed in accordance with regulations made under the Act.

A person is entitled to be issued with a learner licence of the class specified in column 1 of the table to this clause if the person—

• (a) has made an application in accordance with clause 9 and complied with the requirements of clauses 10 to 14; and

• (b) has satisfied the requirements set out in column 2 of the table in relation to that class of licence.

(1) The holder of a learner licence of a particular class is authorised to drive a vehicle to which that class of licence relates if the holder complies with the following conditions:

• (a) the holder must not drive the vehicle (unless driving a motorcycle, moped, or an all-terrain vehicle) unless the holder is accompanied in the vehicle by a person who—

  • (i) holds, and has held for at least 2 years, a full licence of a class that authorises that person to drive that vehicle; and

  • (ii) is in charge of the vehicle; and

  • (iii) is seated in the front passenger seat or, if there is no front passenger seat available, is seated as close as is practicable to the driver; and

• (b) in the case of a Class 1L licence, where the holder is driving a car, the holder must display on the vehicle an “L” plate as specified in clause 66:

• (c) in the case of a Class 1L or Class 6L licence, where the holder is riding a moped, the holder—

  • (i) must display on the vehicle an “L” plate as specified in clause 66; and

  • (ii) must not drive between the hours of 10 pm and 5 am; and

  • (iii) must not carry another person on the moped or in a sidecar attached to the moped:

• (d) in the case of a Class 6L licence, where the holder is riding a motorcycle, the holder—

  • (i) must display on the vehicle an “L” plate as specified in clause 66; and

  • (ii) must not—

    • (A) drive between the hours of 10 pm and 5 am; or

    • (B) drive at a speed exceeding 70 km/h, unless taking the restricted licence test for a Class 6R licence under clause 48(5); or

    • (C) drive a motorcycle that has a total piston displacement exceeding 250 cm³; or

    • (D) carry another person on the motorcycle or in a sidecar attached to the motorcycle.

(2) The conditions imposed under this clause are in addition to any conditions imposed on the licence holder under Part 9.

A person is entitled to be issued with a restricted licence of the class specified in column 1 of the table to this clause if the person—

• (a) has made an application in accordance with clause 9 and complied with the requirements of clauses 10 to 14; and

• (b) has satisfied the requirements set out in column 2 of the table in relation to that class of licence.

(1) The holder of a restricted licence of a particular class is authorised to drive a vehicle to which that class of licence relates if the holder complies with the following conditions:

• (a) in the case of a Class 1R licence, the holder—

  • (i) must not carry any passenger, other than the holder's spouse or partner or a dependant, unless the holder is accompanied by a person described in subclause (2); and

  • (ii) must not drive between the hours of 10 pm and 5 am unless the holder is accompanied by a person described in subclause (2); and

• (b) in the case of a Class 6R licence, the holder must not—

  • (i) drive between the hours of 10 pm and 5 am; or

  • (ii) drive a motorcycle that has a total piston displacement exceeding 250 cm³; or

  • (iii) carry another person on a moped or motorcycle or in a sidecar attached to a moped or motorcycle.

(2) A person referred to in subparagraphs (i) and (ii) of subclause (1)(a) is a person who—

• (i) holds, and has held for at least 2 years, a full Class 1 licence; and

• (ii) is in charge of the vehicle; and

• (iii) is seated in the front passenger seat or, if there is no front passenger seat available, is seated as close as is practicable to the driver.

(3) The conditions imposed under this clause are in addition to any conditions imposed on the licence holder under Part 9.

A person is entitled to be issued with a full licence of the class specified in column 1 of the table to this clause if the person—

• (a) has made an application in accordance with clause 9 and complied with the requirements of clauses 10 to 14; and

• (b) has satisfied the requirements set out in column 2 of the table in relation to that class of licence.

A person who drives a motor vehicle that is transporting dangerous goods must hold a dangerous goods endorsement if required to do so under Land Transport Rule: Dangerous Goods 1999.

A person is entitled to obtain a dangerous goods endorsement on that person's driver licence if the person—

• (a) has made an application in accordance with clause 9 and complied with the requirements of clauses 10, 11, 13, and 14; and

• (b) provides evidence of his or her successful completion of an approved course of a type specified in clause 93(b)(iii).

A person who, for financial or commercial gain, provides instruction on a road in driving a motor vehicle must hold a driving instructor endorsement for those classes of licence that relate to the motor vehicles for which the person intends to provide instruction.

(1) A person is entitled to obtain a driving instructor endorsement on that person's driver licence if—

• (a) the person has made an application in accordance with clause 9 and complied with the requirements of clauses 10, 11, 13, and 14; and

• (b) the person holds, and has held for at least 2 years, a full licence of a class that authorises the person to drive a vehicle of a type in which the applicant intends to provide instruction; and

• (c) the person provides evidence of his or her successful completion of an approved course of a type specified in clause 93(b)(iv); and

• (d) the person passes a full licence test under clause 48(1) unless, in the 5 years immediately preceding the date of application, the person has passed a full licence test required for a Class 1 licence; and

• (e) the person produces a medical certificate in accordance with clause 44; and

• (f) the person consents to the carrying out of checks as to whether or not the person is a fit and proper person to be the holder of a driving instructor endorsement, and consents to the carrying out of those checks from time to time during the period of validity of the endorsement; and

• (g) the Agency is satisfied in accordance with clause 35(1) that the person is a fit and proper person to be the holder of a driving instructor endorsement.

(2) Despite subclause (1), a person who holds a driving instructor endorsement and who applies to add another class of vehicle to that endorsement is entitled to obtain a driving instructor endorsement for that class of vehicle if—

• (a) the person holds, and has held for at least 2 years, a full licence of a class that authorises the person to drive that class of vehicle; and

• (b) the person complies with—

  • (i) the provisions listed in subclause (1)(a), other than clause 13; and

  • (ii) subclause (1)(f) and (g).

A driving instructor endorsement, when followed by a licence class number, authorises the holder to provide instruction in the driving of motor vehicles to which that licence class relates.

The holder of a driving instructor endorsement must—

• (a) retain, for at least 12 months after the instruction is provided, records of the driving instruction provided by the person for financial or commercial gain; and

• (b) comply with any requirement made in writing by the Agency to that person arising out of an audit of that person under section 198 of the Act.

(1) A person must hold a passenger endorsement if that person drives—

• (a) a motor vehicle that is operated in a passenger service; or

• (b) [Revoked]

(2) Despite subclause (1), a passenger endorsement is not required if the transport is provided in any of the following situations:

• (a) when the motor vehicle is an ambulance being used in an ambulance service; or

• (b) when an employer is providing transport for the employer's employees and the driver is an employee of that employer; or

• (c) when a car pool is being conducted in which persons are carried to or from their place of employment, business, or education under a cost-sharing arrangement between occupants of the vehicle; or

• (d) when a parent is transporting a child under a Ministry of Education transport allowance; or

• (e) when the driver is a volunteer driving the motor vehicle to assist in the activities of an incorporated charitable organisation or a hospital; or

• (f) when the motor vehicle is being operated to escort a lawfully detained person to or from a Police station, court, or prison by—

  • (i) a constable; or

  • (ii) a security officer employed by the Department of Corrections; or

  • (iii) a personal guard under contract to the Department of Corrections; or

• (g) when the only person or persons being carried in the vehicle, in addition to the driver, is or are present—

  • (i) to service or test the vehicle; or

  • (ii) to instruct or test the driver; or

  • (iii) to receive instruction; or

• (h) when the driver is a private chauffeur.

(3) In subclause (2)(f),—

(1) A person is entitled to obtain a passenger endorsement on that person's driver licence if—

• (a) the person has made an application in accordance with clause 9 and complied with the requirements of clauses 10, 11, 13, and 14; and

• (b) the person holds, and has held for at least 2 years, a full driver licence of a class other than Class 6; and

• (c) the person passes a full licence test under subclause (1) of clause 48 unless, in the 5 years immediately preceding the date of application, the person has passed a full licence test required for a Class 1 licence; and

• (d) the person provides evidence of his or her successful completion of an approved course of a type specified in clause 93(b)(i); and

• (e) the person produces a medical certificate in accordance with clause 44; and

• (f) the person consents to the carrying out of checks as to whether or not the person is a fit and proper person to be the holder of a passenger endorsement, and consents to the carrying out of those checks from time to time during the period of validity of the endorsement; and

• (g) the Agency is satisfied in accordance with clause 35(1) that the person is a fit and proper person to be the holder of a passenger endorsement.

(2) Despite subclause (1), a person need not comply with paragraph (d) of that subclause if,—

• (a) at the close of 2 May 1999, the person held a Class CL or Class DL licence; and

• (b) the person applies for a passenger endorsement before 3 May 2001.

A person who drives a special-type vehicle on a road must hold the appropriate special-type vehicle endorsement as specified in Schedule 4.

A person is entitled to obtain a special-type endorsement on that person's driver licence if the person—

• (a) has made an application in accordance with clause 9 and complied with the requirements of clauses 10, 11, 13, and 14; and

• (b) holds a full licence of a class, other than Class 6, that authorises the person to drive motor vehicles of an equivalent gross laden weight to the special-type vehicle the person intends to drive; and

• (c) provides a certificate showing successful completion by the person of the appropriate approved course of a type specified in subparagraphs (v) to (viii) of clause 93(b).

A person who conducts tests of practical driving skill required under clause 48 or clause 49 must hold a testing officer endorsement.

A person is entitled to obtain a testing officer endorsement on that person's driver licence if—

• (a) the person has made an application in accordance with clause 9 and complied with the requirements of clauses 10, 11, 13, and 14; and

• (b) the person holds, and has held for at least 2 years, a full licence of a class other than Class 6; and

• (ba) the person passes a full licence test under clause 48(1) unless, in the 5 years immediately preceding the date of application, the person has passed a full licence test required for a Class 1 licence; and

• (c) the person passes a certification test under clause 54; and

• (d) the person produces a medical certificate in accordance with clause 44; and

• (e) the person consents to the carrying out of checks as to whether or not the person is a fit and proper person to be the holder of a testing officer endorsement, and consents to the carrying out of those checks from time to time during the period of validity of the endorsement; and

• (f) the Agency is satisfied in accordance with clause 35(1) that the person is a fit and proper person to be the holder of a testing officer endorsement.

The holder of a testing officer endorsement must—

• (a) retain, for at least 12 months after the testing is provided, records of the driver testing undertaken by the person for hire or reward; and

• (b) comply with any requirement made in writing by the Agency to that person arising out of an audit of that person under section 198 of the Act.

A person who drives a vehicle recovery service vehicle while it is being used in a vehicle recovery service must hold a vehicle recovery endorsement.

(1) A person is entitled to obtain a vehicle recovery endorsement on that person's driver licence if—

• (a) the person has made an application in accordance with clause 9 and complied with the requirements of clauses 10, 11, 13, and 14; and

• (b) the person holds, and has held for at least 2 years, a full licence of a class other than Class 6; and

• (c) the person passes a full licence test under subclause (1) of clause 48 unless, in the 5 years immediately preceding the date of application, the person has passed a full licence test required for a Class 1 licence; and

• (d) the person provides evidence of successful completion by the person of an approved course of a type specified in clause 93(b)(ii); and

• (e) the person produces a medical certificate in accordance with clause 44; and

• (f) the person consents to the carrying out of checks as to whether or not the person is a fit and proper person to be the holder of a vehicle recovery endorsement, and consents to the carrying out of those checks from time to time during the period of validity of the endorsement; and

• (g) the Agency is satisfied in accordance with clause 35(1) that the person is a fit and proper person to be the holder of a vehicle recovery endorsement.

(2) Despite subclause (1), a person need not comply with paragraph (d) of that subclause if,—

• (a) at the close of 2 May 1999, the person held a Class NL licence; and

• (b) the person applies for a vehicle recovery endorsement before 3 May 2001.

(1) In determining whether the applicant for, or the holder of, an endorsement specified in column 1 of the table to this subclause is a fit and proper person for the purposes of this rule, the Agency may consider, and give such relative weight as the Agency considers fit to, the criteria in subpart 2 of Part 4A of the Act set out in column 2 of the table to this subclause in relation to that type of endorsement.

(2) The Agency may, for the purpose of determining whether or not a person is a fit and proper person for the purposes of this rule,—

• (a) seek and receive such information as the Agency thinks fit; and

• (b) consider information obtained from any source.

(3) If the Agency proposes to take into account any information that is or may be prejudicial to the person, the Agency must disclose that information to the person and give the person a reasonable opportunity to refute or comment on it.

(4) Nothing in subclause (3) requires the Agency to disclose any information the disclosure of which would be likely to endanger the safety of any person.

(5) Nothing in this clause limits or affects the provisions of sections 24 and 25 of the Transport Services Licensing Act 1989 in respect of any transport service driver.

(1) An application for a driver identification card required under section 19 of the Transport Services Licensing Act 1989 must be in accordance with the requirements of clause 9.

(2) The applicant must comply with the requirements of clauses 10, 11, 12, and 14.

(3) The applicant must produce a unique identifier as described in section 19(2)(c) of the Transport Services Licensing Act 1989 for approval by the Agency.

(1) A driver identification card issued to a person under section 19 of the Transport Services Licensing Act 1989 is the property of the Agency.

(2) A person must surrender his or her driver identification card as and when required under this rule.

(1) An applicant for a driver licence or an endorsement, or for the renewal of a driver licence or an endorsement, must either—

• (a) have the applicant's eyesight tested by a licensing agent; or

• (b) provide a licensing agent with a certificate issued by a optometrist or medical practitioner within 60 days of the date that it is produced to the licensing agent stating that the applicant's eyesight complies with the standards specified in subclause (2).

(2) An applicant to whom subclause (1) applies must,—

• (a) in the case of an applicant with vision in both eyes who applies to obtain a Class 1 or Class 6 driver licence, or a dangerous goods or special type vehicle endorsement,—

  • (i) have a visual acuity of at least 6/12 using both eyes and at least 6/18 using each eye separately; and

  • (ii) have a visual field of at least 140 degrees; and

• (b) in the case of an applicant with vision only in 1 eye who applies to obtain a Class 1 or Class 6 driver licence, or a dangerous goods or special-type vehicle endorsement,—

  • (i) have a visual acuity of at least 6/12 in 1 eye; and

  • (ii) have a visual field of at least 140 degrees in that eye; and

• (c) to obtain a driver licence of classes 2 to 5, or a passenger, vehicle recovery, driving instructor, or testing officer endorsement,—

  • (i) have a visual acuity of at least 6/9 using both eyes and at least 6/18 using each eye separately; and

  • (ii) have a visual field of at least 140 degrees.

(3) The minimum eyesight standards specified in subclause (2) may be met either with or without correcting lenses.

(4) If an applicant to whom subclause (1) applies fails an eyesight test administered by a licensing agent, the agent must advise the applicant that the applicant may provide a certificate in accordance with subclause (1)(b) as an alternative method of satisfying the requirements of subclause (2).

(5) A licensing agent is not required to administer an eyesight test to an applicant with vision only in 1 eye to whom subclause (1) applies, but must advise the applicant that the applicant must produce a certificate in accordance with subclause (1)(b) to satisfy the requirements of subclause (2).

(1) If an applicant for a driver licence or an endorsement, or for a renewal of a driver licence or an endorsement, has suffered from any medical condition or conditions (including any condition relating to eyesight) that has, to the applicant's knowledge, in the 5 years immediately preceding the date of application adversely affected the applicant's ability to drive safely, the applicant must—

• (a) state this fact on the application form; and

• (b) produce with the application form a medical certificate that complies with clause 44.

(2) If an applicant for a driver licence or an endorsement, or for a renewal of a driver licence or an endorsement, has suffered from any medical condition or conditions (including any conditions relating to eyesight) that could, to the applicant's knowledge, adversely affect the ability of the applicant to drive safely, but has not done so in the 5 years immediately preceding the date of application, the applicant must—

• (a) state this fact on the application form; and

• (b) produce with the application form a signed statement to this effect.

(1) The Agency may require any of the following persons to undergo a medical examination if he or she considers that there are reasonable grounds to require the person to undergo a medical examination in the interests of public safety:

• (a) an applicant for a driver licence:

• (b) an applicant for an endorsement:

• (c) an applicant for the renewal of a driver licence:

• (d) an applicant for the renewal of an endorsement.

(2) A licensing agent (other than the Agency) may, if the licensing agent considers that there may be grounds for requiring an applicant to be medically examined under subclause (1), refer any application for a driver licence or an endorsement, or for the renewal of a driver licence or an endorsement, to the Agency to enable the Agency to consider whether to require a medical examination under subclause (1).

(1) A medical examination required under clause 40(1) must be carried out by—

• (a) a medical practitioner, a optometrist, or a occupational therapist, nominated by the applicant; or

• (b) a medical practitioner, or a optometrist, or a occupational therapist, nominated by the Agency.

(2) The Agency may nominate a person under subclause (1)(b) only if—

• (a) the applicant fails to nominate a person under subclause (1)(a); or

• (b) the Agency is not satisfied that the person nominated by the applicant is appropriately qualified to undertake the medical examination.

(3) A person who is nominated to undertake a medical examination under subclause (1) must be a member of one of the class or classes of registered health professional that, in the opinion of the Agency, is appropriately qualified to undertake the examination in the particular case.

(4) A medical examination required under clause 40(1) must be carried out having regard to the document issued by the Agency entitled Medical Aspects of Fitness to Drive: A Guide for Medical Practitioners.

The Agency may decline to issue or renew a driver licence or endorsement or may issue or renew the licence or endorsement with conditions—

• (a) if an applicant refuses or fails to undergo an examination required under clause 40(1); or

• (b) if, following an examination required under clause 40(1), the Agency—

  • (i) is satisfied on medical grounds that the applicant is not a fit and proper person to be granted a driver licence or endorsement of the relevant class or type; or

  • (ii) considers that, in the interests of public safety, any driver licence or endorsement held by the applicant requires conditions that take into account any relevant physical or mental condition of the applicant.

The Agency must give written notice to an applicant whose application for the issue or renewal of a driver licence or endorsement has been declined under clause 42, or granted subject to conditions under that clause, of the rights of appeal given by section 106 of the Act.

(1) A person who is required by this rule to produce a medical certificate to any person must—

• (a) obtain, from a person who is a member of 1 or more of the class or classes of registered health professional qualified to issue the certificate, a certificate that states whether the person is medically fit to drive under the applicable class of licence or type of endorsement, having regard to the document issued by the Agency entitled Medical Aspects of Fitness to Drive: A Guide for Medical Practitioners; and

• (b) pay the appropriate fee (if any) specified in or assessed in accordance with regulations made under the Act.

(1A) In the case of a person applying for a driver licence of Classes 2 to 5, a Class 1 medical certificate issued under Part 2A of the Civil Aviation Act 1990 and Part 67 of the Civil Aviation Rules may be produced instead of a medical certificate described in subclause (1)(a).

(2) A medical certificate produced under this rule is valid only if it is issued within 60 days before the date on which it is produced.

(2A) A medical certificate produced under subclause (1A) may be—

• (a) the original certificate; or

• (b) a copy of that certificate certified by a solicitor of the High Court of New Zealand, a registrar of a District Court, a Justice of the Peace, or the medical practitioner who issued the certificate.

(3) A person who would otherwise be required by this rule to produce a medical certificate is not required to do so if—

• (a) the person has obtained, in the 5 years immediately preceding the date of application for the issue or renewal of a driver licence or endorsement, another driver licence or endorsement for which the person was required to produce a medical certificate to the same medical standards as required in subclause (1); and

• (b) the person provides the licensing agent with a signed statement that any adverse condition the person suffers from that may affect the person's ability to drive safely has not worsened since the medical certificate referred to in subclause (3)(a) was produced.

(4) Subclause (3) does not apply to a medical certificate required in respect of an applicant for a driver licence who is 75 years of age or over.

(5) This clause does not apply to a medical certificate issued under clause 38(1)(b).

(1) This clause applies if a medical certificate is required for the purposes of this rule.

(2) The person who issues the medical certificate must, as soon as practicable, give written notice to the Agency of his or her assessment if he or she assesses the applicant as not medically fit to drive a motor vehicle for which a driver licence is required.

(1) This clause applies if a medical certificate is required for a Class 1 or Class 6 licence and the applicant—

• (a) is 75 years of age or older; or

• (b) is 74 years of age or older and is renewing his or her licence under clause 67(5)(a).

(2) The person who issues the medical certificate may refer the applicant for an on-road safety test if he or she—

• (a) assesses the applicant as medically fit to drive under the applicable class of licence; but

• (b) has significant doubts about the applicant's ability to drive safely.

(3) This clause does not apply if a medical certificate is required only for the renewal of an endorsement on a Class 1 driver licence.

(1) An applicant for a driver licence—

• (a) of any of Classes 1L, 2L, 3L, 5L, or 6L; or

• (b) for a licence of any class if the applicant is required under any other provision of this rule to pass a theory test—

must pass the appropriate theory test approved by the Agency in relation to the class of licence sought.

(1A) Despite subclause (1), a person does not have to pass the appropriate theory test approved by the Agency if,—

• (a) at the close of 2 May 1999, the person held a Class LL licence; and

• (b) the person applies for a Class 3L or Class 5L licence before 3 May 2001.

(2) This clause is subject to clause 53.

An applicant passes a theory test approved by the Agency if the applicant answers correctly the number of questions required to be answered correctly as approved by the Agency.

A theory test must be conducted by a licensing agent or a testing officer.

(1) An applicant for a full Class 1 licence must take the standard full licence test (Class 1) in Part A of Schedule 6 or the alternative full licence test in Part B of Schedule 6 as determined by the testing officer.

(2) An applicant for a full licence of any of Classes 2 to 5 must take the full licence test (Classes 2 to 5) described in subpart 2 of Part E of Schedule 6.

(3) An applicant for a full Class 6 licence must take the standard full licence test (Class 6) in Part C of Schedule 6 or the alternative full licence test in Part B of Schedule 6 as determined by the testing officer.

(4) An applicant for a Class 6L licence must take the basic motorcycle handling skills test in Part D of Schedule 6.

(5) An applicant for a Class 1R or a Class 6R licence must, unless subclause (5A) applies, take the restricted licence test described in subpart 1 of Part E of Schedule 6.

(5A) If, in the opinion of the testing officer, the restricted licence test cannot be completed because of adverse road or weather conditions, the applicant for a Class 1R or Class 6R licence must take the licence test specified in subpart 2 of Part E of Schedule 6, using a vehicle to which the restricted licence relates.

(6) Except as provided in subclause (7) or clause 53, the applicant must take the practical driving test in a vehicle to which the class of licence sought relates in accordance with Schedule 3.

(7) An applicant may take the practical driving test in an appropriately configured or loaded vehicle of a class other than that to which the class of licence sought relates if the Agency approves the use of that other vehicle for the test.

(1) An applicant for a Class 1 or Class 6 licence must pass the on-road safety test if he or she is referred for the test under clause 44B.

(2) The applicant must take the test in a vehicle to which the class of licence sought relates in accordance with Schedule 3.

(3) If the applicant fails the test and his or her driver licence has expired or been revoked, a temporary driver licence issued under section 24(3) of the Act may be made subject to the condition specified in clause 16(1)(a).

(4) An applicant is not required to pass the on-road safety test if he or she is required to complete a practical driving test under clause 48.

(1) This clause applies to an applicant for a driver licence who—

• (a) is 80 years of age or over; and

• (b) failed his or her most recent attempt at the test in Part F of Schedule 6 before the commencement of this clause.

(2) The applicant must pass the on-road safety test in order to obtain his or her licence, in addition to the other requirements of this rule.

No practical driving test may be taken on a moped, all-terrain vehicle, tractor, or special-type vehicle.

An applicant passes a practical driving test in Schedule 6 if the applicant meets the standard set out in relation to that test in Schedule 6.

(1) A practical driving test may be conducted by a person who is—

• (a) a testing officer; and

• (b) either employed by, or under contract to,—

  • (i) the Authority; or

  • (ii) an agent of the Authority; or

  • (iii) the New Zealand Defence Force.

(2) Despite subclause (1), the basic motorcycle handling skills test specified in Part D of Schedule 6 may only be carried out by—

• (a) a person referred to in subclause (1); or

• (b) an approved motorcycle instructor.

(3) The Agency may approve a motorcycle instructor to conduct the test referred to in subclause (2).

A testing officer may terminate a practical driving test at any time during the course of the test if, in the opinion of the testing officer, the applicant—

• (a) commits an offence under section 35(1)(a) or (b) or section 36(1)(a) (relating to reckless or dangerous driving), or under section 37(1), section 38(1), or section 39(1) (relating to careless or inconsiderate driving) of the Act; or

• (b) is wholly or partly responsible for an accident; or

• (c) is unable, because of lack of driving ability, to carry out an instruction of the testing officer; or

• (d) exceeds the applicable speed limit by more than 10 km/h; or

• (e) fails to comply with give-way rules or give-way signs; or

• (f) fails to comply with traffic signals or stop signs.

(1) Subject to subclause (2), a person who is—

• (a) applying for the renewal of a driver licence where the person is the holder of more than 1 class of licence; or

• (b) applying for a replacement licence under clause 86; or

• (c) applying for a New Zealand driver licence of more than 1 class under clause 89,—

is only required to complete 1 practical driving test if the applicant completes the appropriate practical driving test in a vehicle to which the highest class of licence sought relates in accordance with Schedule 3.

(2) A person who is applying for a Class 6 licence in addition to any other class or classes of licence must complete the appropriate practical driving test on a motorcycle, in addition to completing the appropriate practical driving test in relation to the other class or classes of licence sought.

(3) Subject to subclause (4), a person referred to in paragraph (a) or paragraph (b) or paragraph (c) of subclause (1) is only required to complete 1 theory test if the person completes the appropriate theory test required for the highest class of licence sought.

(4) A person who is applying for a Class 6 licence in addition to any other class or classes of licence must complete the appropriate theory test required for a Class 6 licence in addition to completing the appropriate theory test in relation to the other class or classes of licence sought.

An applicant for a testing officer endorsement must complete the certification test in Schedule 7 to the standard specified in that schedule.

A person undertaking a test required under this Part must present to the person conducting the test either—

• (a) the person's photographic driver licence; or

• (b) identification in the form specified in clause 10(1).

(1) The Agency may direct that a person may drive a motor vehicle only if the person complies with 1 or more of the following conditions:

• (a) the person uses correcting lenses, an occluder covering 1 eye, aids to hearing, or artificial limbs, that the Agency considers are appropriate; or

• (b) the person drives the vehicle during periods, and under circumstances, that the Agency considers are appropriate given—

  • (i) the person's physical or mental condition at the time of application; or

  • (ii) the outcome of a review of the person's fitness to drive under clause 77(1); or

• (c) the vehicle is specially adapted or has specified features; or

• (d) the person consults with a medical practitioner, optometrist, or occupational therapist at intervals specified by the Agency.

(2) The Agency must notify a person on whose driver licence or endorsement conditions have been imposed under subclause (1) of the rights of appeal given by section 106 of the Act.

The Agency must impose a condition on a person's Class 1R licence permitting the person to drive only a motor vehicle with an automatic transmission if, when obtaining a Class 1R licence, the person passes the restricted licence test under clause 48(5) in a motor vehicle with an automatic transmission.

(1) In the case of an existing driver licence of a driver who is 80 years of age or over, a condition that the person is permitted to drive only a vehicle with automatic transmission, imposed as a result of passing a driving test in a vehicle with automatic transmission,—

• (a) does not apply unless subclause (2) also applies; and

• (b) must be removed from the driver licence of the applicant when he or she renews or replaces his or her licence unless subclause (2) applies.

(2) Despite subclause (1), a driver who is 80 years of age or over who renews or replaces his or her driver licence may be subject to a condition imposed on medical grounds that allows that person to drive only a motor vehicle with an automatic transmission.

A condition under clause 57 must be removed if the person to whom it applies,—

• (a) being less than 80 years of age, holds a restricted licence, and passes a full licence test under clause 48; or

• (b) being less than 80 years of age, passes a restricted licence test under clause 48(5) in a motor vehicle with a manual transmission.

• (c) [Revoked]

A condition under clause 57 does not apply if the person is driving a manual vehicle while accompanied by a person who—

• (a) holds, and has held for at least 2 years, a full licence of a class that authorises that person to drive that vehicle; and

• (b) is in charge of the vehicle; and

• (c) is seated in the front passenger seat or, if there is no front passenger seat available, is seated as close as is practicable to the driver.

(1) A driver licence that is obtained or renewed under this rule may be issued for a period of 10 years except that,—

• (a) if the person is at least 64 years of age but younger than 75 years of age at the date of the issue of the licence, the expiry date specified on the licence must be the date of the person's seventy-fifth birthday:

• (b) if the person is at least 75 years of age but younger than 80 years of age at the date of the issue of the licence, the expiry date specified on the licence must be the date of the person's eightieth birthday:

• (c) if the person is 80 years of age or over at the date of the issue of the licence, the expiry date specified on the licence must be the next birthday of the applicant that is a whole multiple of 2:

• (d) if a renewed licence is issued under clause 67(5) with an expiry date that is more than 10 years after the date of the issue of the licence, the licence expires on the date specified on the licence.

(2) A driver licence that is replaced under this rule must be issued with an expiry date that is the same as the expiry date of the licence being replaced, except that if a replacement licence is issued under clause 74(4) with an expiry date that is more than 10 years after the date of the issue of the licence, the licence expires on the date specified on the licence.

(2A) Despite subclause (1), the Agency may extend the period of validity of a driver licence by not more than 1 year.

(3) The period of validity of a driver licence is not affected by the holder obtaining a driver licence or endorsement of any other class or type.

(1) A dangerous goods endorsement may be issued for a period of 5 years.

(2) Subject to subclause (3), a passenger, vehicle recovery, driving instructor, or testing officer endorsement may be issued for a period of 1 year or a period of 5 years.

(3) If a person who holds a passenger, vehicle recovery, driving instructor, or testing officer endorsement obtains an additional endorsement that is a passenger, vehicle recovery, driving instructor, or testing officer endorsement, the additional endorsement expires on the same date as the previous endorsement.

(4) A special-type vehicle endorsement expires on the same date as the holder's driver licence.

A driver licence (other than a temporary driver licence) must have the following features for the purposes of verifying or protecting the integrity of the licence:

• (a) physical characteristics that comply with International Standards Organisation 7810: Identification Cards—Physical Characteristics: 1995:

• (b) the following background colour:

  • (i) for a full driver licence, green:

  • (ii) for a restricted driver licence, yellow:

  • (iii) for a learner driver licence, blue:

  • (iv) for a limited licence, such background colour as the Agency considers desirable to protect the integrity of the licence:

  • (v) for a driver licence if the holder holds licences to which 2 or more of paragraphs (i) to (iv) apply, such background colour as the Agency considers desirable to protect the integrity of the licence:

• (c) the words “NEW ZEALAND DRIVER LICENCE”:

• (d) the word “LEARNER”, if the driver licence is a learner licence:

• (e) the words “LIMITED LICENCE”, if the driver licence is a limited licence issued under section 105 of the Act:

• (f) the word “RESTRICTED”, if the driver licence is a restricted licence:

• (g) an image of the New Zealand Flag:

• (h) a one-dimensional bar code containing the driver licence number, driver licence card number, and a quality control number:

• (i) 1 or more of the following:

  • (i) micro-printing:

  • (ii) special fonts:

  • (iii) a ghosted image of a photographic image:

  • (iv) a holographic image:

• (j) the expiry date of each endorsement held by the holder of the licence.

(1) A driver licence must display the following on the front of the licence:

• (a) the words “NEW ZEALAND DRIVER LICENCE”:

• (b) the word “LEARNER”, if the driver licence is a learner licence:

• (c) the word “RESTRICTED”, if the driver licence is a restricted licence:

• (d) an image of the New Zealand Flag:

• (e) a photographic image of the holder:

• (f) an image of the holder's signature:

• (g) the holder's name:

• (h) the holder's date of birth:

• (i) the original date on which the driver licence is issued:

• (j) the date on which the driver licence expires:

• (k) the word “Donor”, if the holder has agreed to be an organ donor:

• (l) the driver licence number and driver licence card number:

• (m) the holder's current address, if requested by the holder:

• (n) the classes to which the licence applies and the endorsements issued to the holder.

(2) A driver licence must display the following on the back of the licence:

• (a) the words “LIMITED LICENCE”, if the driver licence is a limited licence issued under section 105 of the Act:

• (b) an indication of any condition the holder must comply with while driving a motor vehicle:

• (c) the expiry date of each endorsement held by the holder of the licence:

• (d) a one-dimensional bar code containing the driver licence number, driver licence card number, and a production quality control number.

(3) An endorsement must be indicated on a driver licence in the following way:

• (a) for all endorsements other than a driving instructor endorsement, by the appropriate single letter specified in Schedule 4:

• (b) for a driving instructor endorsement, by the single letter specified in Schedule 4 followed by the appropriate driver licence class number specified in Schedule 3.

(1) A temporary driver licence must be—

• (a) printed on paper; and

• (b) signed by the holder; and

• (c) authenticated by a licensing agent.

(2) A temporary driver licence must display the following on the front of the licence:

• (a) the words “TEMPORARY NEW ZEALAND DRIVER LICENCE”:

• (b) the holder's name:

• (c) the holder's date of birth:

• (ca) the date on which the driver licence is issued:

• (d) the date on which the driver licence expires:

• (e) the driver licence number and driver licence card number (if known):

• (f) the classes of driver licence and types of endorsement issued to the holder:

• (g) an indication of any condition the holder must comply with while driving a motor vehicle.

(3) Despite subclauses (1) and (2), where a person is entitled to be issued with a driver licence under clause 113(2), a temporary driver licence may be issued in the form specified in subclause (4) instead of in the form specified in subclauses (1) and (2).

(4) A temporary driver licence to which subclause (3) applies may be issued by inserting on any driver licence, in force immediately before 3 May 1999, that is held by the person to whom the temporary driver licence is to be issued—

• (a) the words “TEMPORARY NEW ZEALAND DRIVER LICENCE”; and

• (b) the date on which the driver licence expires; and

• (c) authentication by the licensing agent.

(1) A driver identification card must be 105 mm high and 80 mm wide.

(2) A driver identification card must display the following on the front of the card:

• (a) a photographic image of the holder:

• (b) the holder's unique identifier:

• (c) a list of the endorsements held by the holder for which a driver identification card is required:

• (d) the expiry date of the driver identification card.

(3) A driver identification card must display the following on the back of the card:

• (a) the holder's name:

• (b) the licence number on the holder's driver licence:

• (c) the expiry date of each endorsement covered by the driver identification card:

• (d) an indication of any conditions with which the holder must comply when undertaking an activity for which an endorsement covered by the driver identification card is required.

(4) A driver identification card may include 1 or more of the features specified in clause 62(i).

(5) An endorsement must be indicated on a driver identification card by the appropriate single letter specified in Schedule 4.

(1) An “L” plate must—

• (a) be a rectangle with sides at least 150 mm high and 110 mm wide; and

• (b) display the capital letter “L”, in black, on a yellow background.

(2) The letter “L” must—

• (a) be at least 100 mm high; and

• (b) be at least 60 mm wide.

(3) The width of each line of the letter “L” must be at least 20 mm.

(4) An “L” plate must be positioned—

• (a) so that it does not obstruct the driver's field of vision; and

• (b) so that it is visible at a distance of 50 m in daylight.

(5) An “L” plate must be attached in the following way:

• (a) in the case of a motorcycle, moped, or all-terrain vehicle, by attaching it to the rear of the vehicle:

• (b) in the case of a vehicle for which a Class 1 licence is required, other than a moped or an all-terrain vehicle, by attaching 1 plate visible to the front of the vehicle and another plate visible to the rear.

(1) The Agency may from time to time, on the application of the holder of a licence, whether made before or after the expiry of the licence, renew the licence.

(2) A person is entitled to have his or her driver licence renewed if the person—

• (a) makes an application in accordance with clause 9 and complies with the requirements of clauses 10 to 14; and

• (b) if the application is for the renewal of a licence of any of Classes 2, 3, 4, or 5, produces a medical certificate in accordance with clause 44; and

• (c) is 75 years of age or over and produces a medical certificate in accordance with clause 44; and

• (d) passes the on-road safety test, if referred for the test under clause 44B; and

• (e) in the case of a licence (excluding a Class 6 licence) that has been expired for more than 5 years, passes—

  • (i) the appropriate theory test under clause 45 for the highest class of driver licence that the person is applying to renew; and

  • (ii) the appropriate practical driving test for the highest class of driver licence that the person is applying to renew in accordance with clauses 48 and 51 or successfully completes a course approved under clause 93; and

• (f) in the case of a Class 6 licence that has been expired for more than 5 years, passes—

  • (i) the theory test for Class 6 under clause 45(1); and

  • (ii) the practical driving test for Class 6 under clause 48(3), (4), (5), or (5A).

(2A) Subclause (2)(e) and (f) do not override clause 68.

(3) If a person to whom subclause (2)(e) applies complies with subclause (2)(e)(i), the person's driver licence may be renewed subject to the condition specified in clause 16(1)(a).

(4) A condition imposed under subclause (3) continues in force until the person to whom it applies complies with subclause (2)(e)(ii).

(4A) If a person to whom subclause (2)(f) applies complies with subclause (2)(f)(i), that person may be issued with a Class 6L licence, subject to the conditions specified in clause 16(1)(d).

(5) A renewed driver licence may be issued with a new expiry date that would have applied had the licence been renewed on the expiry date if the licence is renewed,—

• (a) in the case of a driver who is 74 years of age or over, not more than 6 months before the expiry date; and

• (b) in all other cases, not more than 60 days before the expiry date.

(1) The Agency may, from time to time, on the application of a person who has been disqualified for more than 12 months, reinstate that person's licence.

(2) A person is entitled to have his or her driver licence reinstated if—

• (a) the person has served their disqualification, and there are no further subsequent periods of disqualification left to serve as of the date of application; and

• (b) the person complies with clause 67(2)(a); and

• (c) in the case of an applicant of 75 years of age or over, the person produces a medical certificate in accordance with clause 44; and

• (d) the person passes the on-road safety test, if referred for the test under clause 44B; and

• (e) in the case of an applicant for a licence of any of Classes 2, 3, 4, or 5, the person produces a medical certificate in accordance with clause 44; and

• (f) in the case of an applicant for a licence of any of—

  • (i) Classes 1, 2, 3, 4, or 5, the person passes—

    • (A) the appropriate theory test under clause 45 for the highest class of driver licence the person is applying to reinstate; and

    • (B) the appropriate practical driving test for the highest class of driver licence the person is applying to reinstate in accordance with clauses 48 and 51; or

  • (ii) Classes 2, 3, 4, and 5, the person completes a course approved under clause 93 (if any); and

• (g) in the case of an applicant for a Class 6 driver licence, the person passes—

  • (i) the theory test for a Class 6 licence under clause 45(1); and

  • (ii) the practical driving test for a Class 6 licence under clause 51 or clause 48(3), (4), (5), or (5A), as appropriate.

(3) If a person to whom subclause (2)(f) applies complies with subclause (2)(f)(i)(A), the person's driver licence may be reinstated subject to the condition specified in clause 16(1)(a).

(4) A condition imposed under subclause (3) continues in force until the person to whom it applies complies with subclause (2)(f)(i)(B) or subclause (2)(f)(ii).

(5) If a person to whom subclause (2)(g) applies complies with subclause (2)(g)(i), the person's driver licence may be reinstated subject to the conditions specified in clause 16(1)(c) and (d).

(6) The conditions imposed under subclause (5) continue in force until the person to whom they apply complies with subclause (2)(g)(ii).

(1) The Agency may reinstate the licence of a person who—

• (a) has been, but is no longer, subject to—

  • (i) a period or periods of suspension for any period (other than under section 95 of the Act); or

  • (ii) a period or periods of disqualification of not more than 12 months; and

• (b) has applied to have the person’s licence reinstated.

(2) A person is entitled to apply to have his or her driver licence reinstated if the person has served his or her suspension or disqualification, and there are no further subsequent periods of suspension or disqualification left to serve as at the date of application.

(3) To have the licence reinstated, the person must comply with clauses 9, 10, 11, and 14.

(4) A licence that is reinstated under subclause (3) will retain the expiry date of the licence being reinstated.

(5) Despite subclause (4), if a licence being reinstated has expired or will expire within the following 12 months, the person must also comply with clause 67.

(6) A licence that is reinstated under subclause (5) will be issued with an expiry date as if the person had applied to renew the licence under clause 67.

(1) A person who is absent from New Zealand, imprisoned, or an in-patient in hospital on the day that the person's driver licence expires, and who continues to be unable to renew his or her licence for that reason until more than 5 years after the driver licence expired, is not required to pass the tests specified in clause 67(2)(e) or (f) to renew the person's driver licence if the person—

• (a) applies to renew the licence within 90 days after the date that the person first returned to New Zealand, or was released from prison or discharged from hospital; and

• (b) provides a statement signed by the person that the person was overseas, imprisoned, or an in-patient in hospital when the driver licence expired and for a period of more than 5 years after that.

(2) [Revoked]

The Agency may from time to time, on the application of the holder of an endorsement, renew the endorsement.

(1) Application may be made to renew a passenger, vehicle recovery, driving instructor, testing officer, or dangerous goods endorsement with the expiry date that would have applied had the licence been renewed on the expiry date.

(1A) An application under subclause (1) must be made—

• (a) before the fifth anniversary of the date of expiry of the endorsement; and

• (b) not more than 60 days before the date of expiry of the endorsement.

(2) A person is entitled to have his or her passenger, vehicle recovery, driving instructor, or testing officer endorsement renewed, for a period of 1 year or 5 years from the date of the expiry of the endorsement, or the date of renewal, whichever is later, if—

• (a) the person makes an application in accordance with clause 9 and complies with the requirements of clauses 10, 11, 13, and 14; and

• (b) in the case of an application for the renewal of an endorsement that was issued for a period of 5 years, the person produces a medical certificate in accordance with clause 44; and

• (ba) in the case of an application for the renewal of an endorsement that was issued for a period of less than 5 years, the person produces a medical certificate in accordance with clause 44 if the person has not, within the 5 years immediately preceding the date of the application, produced a certificate that complies with the requirements of clause 44; and

• (c) the person consents to the carrying out of checks as to whether or not the person is a fit and proper person to be the holder of the endorsement and consents to the carrying out of those checks from time to time during the period of validity of the endorsement; and

• (d) the Agency is satisfied in accordance with clause 35(1) that the person is a fit and proper person to be the holder of the endorsement.

(3) A person is entitled to have his or her dangerous goods endorsement renewed, for a period of 5 years from the date of the expiry of the endorsement, or the date of renewal, whichever is later, if the person—

• (a) makes an application in accordance with clause 9 and complies with the requirements of clauses 10, 11, 13, and 14; and

• (b) produces a certificate of successful completion by the person of an approved course of the appropriate type specified in clause 93(b)(iii) that is issued less than 60 days before the date of the application for the renewal.

(1) An application for the renewal of a special-type vehicle endorsement may be made before or after the date of expiry of the endorsement.

(2) A person is entitled to have his or her special-type vehicle endorsement renewed if the person—

• (a) makes an application in accordance with clause 9 and complies with the requirements of clauses 10, 11, 13, and 14; and

• (b) if the endorsement has been expired for more than 5 years, produces a certificate of successful completion by the person of an approved course of the appropriate type specified in subparagraphs (v) to (viii) of clause 93(b) that is issued less than 60 days before the date of applying for the renewal.

A person who is absent from New Zealand, imprisoned, or an in-patient in hospital on the day that the person's passenger, vehicle recovery, driving instructor, or testing officer endorsement expires, and who continues to be unable to renew his or her endorsement for that reason until more than 5 years after the endorsement expired, may apply to renew the endorsement in accordance with clause 70(2) if the person—

• (a) applies to renew the endorsement within 90 days after the date that the person first returned to New Zealand, or was released from prison or discharged from hospital; and

• (b) provides a statement signed by the person that the person was overseas, imprisoned, or an in-patient in hospital when the endorsement expired and for a period of more than 5 years after that.

(1) The Agency may from time to time, on the application of the holder of a driver identification card, made before or after the expiry of the card, renew the card.

(2) A person may apply for the renewal of a driver identification card by—

• (a) making an application in accordance with clause 9; and

• (b) complying with the requirements of clauses 10, 11, 12, and 14.

(1) The Agency may, on the application of the holder of a driver licence or a driver identification card, issue a replacement driver licence or driver identification card.

(2) The holder of a driver licence or a driver identification card must apply for a replacement driver licence or driver identification card, as the case may be, if—

• (a) it is lost, stolen, destroyed, defaced, mutilated, or becomes illegible; or

• (b) the holder's name is changed from that recorded on the licence and in the person's driver licence records, or on the driver identification card; or

• (c) in the opinion of the Agency, the holder's appearance has changed significantly from that recorded on the licence or driver identification card.

(3) A person is entitled to be issued with a replacement driver licence or driver identification card if the person—

• (a) makes an application in accordance with clause 9 and complies with the requirements of clauses 10 to 14; and

• (b) either surrenders the previous licence or driver identification card to the licensing agent in a legible form or provides the licensing agent with a signed statement stating, as appropriate, that—

  • (i) the applicant does not have the previous driver licence or driver identification card and the circumstances in which it was lost or destroyed; or

  • (ii) the driver licence or driver identification card that the applicant has surrendered in a defaced, mutilated, or illegible form is the applicant's previous driver licence or driver identification card.

(4) If—

• (a) a driver licence being replaced is due to expire within 12 months of the date of the application for the replacement licence; and

• (b) the applicant will be younger than 64 years on the date that the licence is due to expire,—

the replacement licence may be issued with an expiry date that is 10 years after the expiry date of the licence being replaced.

(5) A driver identification card that is replaced under this clause must be issued with an expiry date that is the same as the expiry date of the card being replaced.

(1) The Agency may, on the application of the holder of a driver licence or a driver identification card, issue a replacement licence or driver identification card to a person who surrenders a driver licence under section 30 of the Act, or delivers a driver licence or driver identification card to the Agency under clause 84 or clause 85, for those classes of licence or types of endorsement held by the person (if any) that have not been revoked or surrendered.

(2) A driver identification card that is replaced under this clause must be issued with an expiry date that is the same as the expiry date of the card being replaced.

(1) A person to whom a replacement driver licence or driver identification card has been issued under clause 74 must surrender the person's previous driver licence or driver identification card to the Agency if the previous driver licence or driver identification card subsequently comes into the person's possession.

(2) A person who has been issued with a replacement driver licence or driver identification card must advise the Agency if that person becomes aware that another person has the previous driver licence or driver identification card.

(1) The Agency may, if it considers that the holder of a class of driver licence or a type of endorsement may not be a fit and proper person to continue to hold that class of licence or type of endorsement and that further information would assist the Agency to make a determination, require the person to do 1 or more of the following:

• (a) undergo a medical examination, pass a test, or successfully complete a course approved under clause 93 that the person would be required to undergo, pass, or complete as an applicant for the class of licence or type of endorsement held:

• (b) produce any certificate that the person would be required to produce as an applicant for the class of licence or type of endorsement held:

• (c) undergo any other medical examination, pass any other test, or successfully complete any other course approved under clause 93 that the Agency considers to be relevant and reasonable in the circumstances, having regard to the classes of licence and types of endorsement (if any) held by the person.

(2) A test, medical examination, or course required under subclause (1) must be carried out by a medical practitioner, optometrist, occupational therapist, testing officer, or approved course provider nominated by—

• (a) the applicant or holder of the driver licence or endorsement; or

• (b) the Agency.

(3) The Agency may nominate a person under subclause (2)(b) only if—

• (a) the person required to undertake the test, medical examination, or approved course fails to nominate a person under subclause (2)(a); or

• (b) the Agency is not satisfied that the person nominated by the person required to undertake the test, medical examination, or approved course is appropriately qualified to carry out the test, medical examination, or approved course.

(4) A person who is nominated to carry out a medical examination under subclause (2) must be a member of one of the class or classes of registered health professional that, in the opinion of the Agency, is appropriately qualified to carry out the examination in the particular case.

(5) A medical examination required under subclause (1) must be carried out having regard to the document issued by the Agency entitled Medical Aspects of Fitness to Drive: A Guide for Medical Practitioners.

(1) A requirement under clause 77(1) must be issued in a notice and must state—

• (a) the reasons for the requirement; and

• (b) one of the following:

  • (i) the date, time, and place of the required medical examination or test (if applicable) and the date by which, and the place at which, any required certificate must be produced; or

  • (ii) that the holder of the driver licence or the endorsement must contact the Agency within a stated period to arrange the date, time, and place of the required medical examination or test and the date by which, and the place at which, any required certificate must be produced, if applicable; or

  • (iii) the date by which the approved course must be completed; and

• (c) that, if the person does not comply with the Agency’s requirement, the Agency has the power to impose conditions, or revoke the relevant driver licence or endorsement in accordance with clause 82; and

• (d) the details of any requirement imposed under clause 77(2)(b).

(2) A notice issued under subclause (1) must be in writing and must be delivered to the person to whom it concerns more than 5 working days before any date, or the expiry of the period, specified in the notice under subclause (1)(b).

(1) A person required to undergo a test or medical examination, or to complete an approved course, or to produce a certificate under clause 77 must either—

• (a) comply with the requirement, and pay the appropriate fee (if any) specified in or assessed in accordance with regulations made under the Act; or

• (b) surrender the person's driver licence (including any endorsement held by the person), and the person's driver identification card (if any).

(2) A person may surrender a driver licence under subclause (1)(b) by notifying the Agency of that fact and delivering the driver licence and driver identification card (if any) to the Agency.

(1) The Agency may, if it considers that allowing a person to continue to hold a driver licence is, for medical reasons, a significant risk to public safety, issue a notice suspending that person's driver licence until a medical examination has been completed and reviewed.

(2) A notice issued under subclause (1) must be in writing and must—

• (a) state the date and time from which the driver licence is suspended (which must not be earlier than the date and time that the notice is delivered to the person); and

• (b) state the reasons for the suspension of the driver licence; and

• (c) state the period of suspension of the driver licence; and

• (d) outline the rights of appeal given by section 106 of the Act.

(3) The period of suspension of a driver licence specified under subclause (2)(c) must not exceed the period that, in the opinion of the Agency, will reasonably be required to determine whether conditions should be imposed on the licence or the licence should be revoked.

(4) The Agency may at any time withdraw a suspension imposed under this clause.

(1) A driving instructor endorsement is suspended in part if the holder ceases to hold 1 or more, but not all, of the classes of driver licence that formed part of the prerequisites under Part 5 for obtaining that endorsement.

(2) An endorsement is suspended if the holder ceases to hold all of the classes of driver licence that formed part of the prerequisites under Part 5 for obtaining that endorsement.

(1) A person may be issued with a notice under subclause (2) if—

• (a) the person fails to comply with a requirement under clause 77 in the manner specified in clause 78(1)(b); or

• (b) the person fails to pass a test or successfully complete an approved course that the Agency has required the person to undergo or complete; or

• (c) the Agency is satisfied that the person has ceased to be a fit and proper person to hold an endorsement; or

• (d) in the opinion of a optometrist, a medical practitioner, or a occupational therapist, the person is one whose physical or mental condition is such that, in the interests of public safety, the person—

  • (i) should not be permitted to drive motor vehicles of a specified class or classes; or

  • (ii) should only be permitted to drive motor vehicles subject to such limitations as may be warranted by the mental or physical condition of the licence holder; or

• (e) the person is the holder of a driving instructor endorsement and fails to comply with clause 25; or

• (f) the person holds a testing officer endorsement and fails to comply with clause 32; or

• (g) the person is the holder of a passenger endorsement and has been prohibited from holding or obtaining a passenger endorsement under section 29A of the Act.

(2) The Agency may, if it considers it appropriate to do so, issue 1 or more of the following notices to a person to whom this clause applies:

• (a) a notice revoking a driver licence:

• (b) a notice revoking an endorsement:

• (c) a notice imposing conditions on the use of an endorsement of a kind specified in clause 56(1):

• (d) a notice imposing conditions on the use of a driver licence of a kind specified in clause 56(1).

(3) A notice issued under subclause (2) must—

• (a) state the date and time from which the driver licence or endorsement is revoked, or has conditions attached to it (which must not be earlier than the date and time when the notice is delivered to the person); and

• (b) state, as appropriate, the period during which the person may not apply for a driver licence, or an endorsement; and

• (c) state the reasons for the revocation of the driver licence or endorsement or the imposition of conditions on the use of the driver licence or endorsement; and

• (d) outline the rights of appeal given by section 106 of the Act.

(4) A notice issued to a person under subclause (2) may apply to a particular class of licence or type of endorsement or to every class of driver licence or type of endorsement held by the person.

(5) The period specified under subclause (3)(b) must not exceed a period that the Agency considers to be reasonable in the circumstances.

(1) An endorsement is revoked if the holder does not, within 5 years after the endorsement is suspended under any provision, again become the holder of a driver licence of the class or classes that formed part of the prerequisites under Part 5 for obtaining that endorsement.

(2) A revocation of a driving instructor endorsement under subclause (1) has effect in respect of—

• (a) all classes of driver licence if the holder does not, within 5 years after the endorsement was suspended, again become the holder of at least 1 class of the classes of driver licence that formed part of the prerequisites under Part 5 for obtaining that endorsement; or

• (b) each class of driver licence that formed part of the prerequisites under Part 5 for obtaining that endorsement if the holder does not, within 5 years after the endorsement was suspended in respect of that class of driver licence, again become the holder of that class of licence.

The holder of a driver licence or an endorsement that has been suspended or revoked under any provision, on receiving notice of the suspension or revocation, must, in addition to complying with section 19 or section 30 of the Act, immediately surrender any driver identification card held by the person by delivering the card to the Agency.

The holder of a driver licence or an endorsement may surrender 1 or more classes of driver licence or 1 or more types of endorsement—

• (a) by notifying the Agency that the person is surrendering 1 or more classes of driver licence or 1 or more types of endorsement; and

• (b) by delivering the driver licence and driver identification card (if any) to the Agency.

(1) A person who has surrendered 1 or more classes of driver licence or 1 or more types of endorsement under clause 85 may apply to the Agency for reinstatement of the classes of licence or types of endorsement in accordance with subclause (4), subclause (5), subclause (6), or subclause (7), as the case may be.

(2) The Agency may reinstate a surrendered driver licence or an endorsement in accordance with this clause.

(3) Before reinstating a surrendered driver licence or an endorsement, the Agency may require the applicant to satisfy 1 or more of the requirements in clause 77(1).

(4) The Agency may reinstate a surrendered driver licence, even if the licence has expired, provided—

• (a) the driver licence has not been surrendered for more than 5 years; and

• (b) the driver licence has not been expired for more than 5 years; and

• (c) the applicant complies with the applicable requirements in clause 67(2)(a), (b), (c), and (d) (which relates to the renewal of a driver licence).

(5) The Agency may reinstate a surrendered special-type vehicle endorsement, even if the endorsement has expired, provided—

• (a) the endorsement has not been surrendered for more than 5 years; and

• (b) the endorsement has not been expired for more than 5 years; and

• (c) the applicant complies with clause 71(2)(a) (which relates to the renewal of special-type vehicle endorsements).

(6) The Agency may reinstate a surrendered passenger, vehicle recovery, driving instructor, or testing officer endorsement, even if the endorsement has expired, provided—

• (a) the endorsement has not been surrendered for more than 5 years; and

• (b) the endorsement has not been expired for more than 5 years; and

• (c) the applicant complies with clause 70(2) as it relates to the endorsements referred to in this subclause.

(7) The Agency may reinstate a surrendered dangerous goods endorsement only if—

• (a) the endorsement has not expired; and

• (b) the applicant complies with clause 70(3) (which relates to the renewal of a dangerous goods endorsement).

(1) A person whose driver licence or endorsement has been revoked on medical grounds may apply for a replacement driver licence or replacement endorsement of the same class or type as the licence or endorsement that was revoked, if—

• (a) the person provides the Agency with a medical certificate issued in accordance with clause 44 stating that the person is now medically fit to drive; and

• (ab) the person passes the on-road safety test, if referred for the test under clause 44B; and

• (b) the Agency notifies the person that it is satisfied that the person's medical condition has improved.

(2) A person who satisfies the requirements of subclause (1) is entitled to be issued with a replacement driver licence of the appropriate class or a replacement endorsement of the appropriate type if—

• (a) the person makes an application in accordance with clause 9 and complies with the requirements of clauses 10 to 14:

• (b) the person consents to the carrying out of checks as to whether or not the person is a fit and proper person, if the endorsement is an endorsement for which a fit and proper person check is required, and consents to the carrying out of those checks from time to time during the period of validity of the endorsement; and

• (c) the person is, in the opinion of the Agency, a fit and proper person, in accordance with the criteria specified in the table to clause 35(1), to be the holder of an endorsement of that type; and

• (d) in a case where the period since the driver licence or endorsement was revoked is more than 12 months, the person—

  • (i) passes the appropriate theory test or tests under clause 45 for the class of driver licence that the person is applying to have replaced; and

  • (ii) passes or successfully completes the appropriate practical driving test in accordance with clauses 48 and 53 for that class of driver licence, or the applicable course specified in clause 93 for that type of endorsement.

(3) If a person to whom subclause (2)(d) applies complies with subclause (2)(d)(i), the Agency may, if the person has applied for a replacement driver licence, issue a replacement licence subject to the condition specified in clause 16(1)(a).

(4) A condition imposed under subclause (3) continues in force until the person to whom it applies complies with subclause (2)(d)(ii).

If a driver licence expires during the period while the licence is suspended, or while the holder is disqualified from obtaining a licence, the licence must not be renewed until after the expiry of the period of suspension or disqualification.