Driving offences and their penalties

This factsheet outlines some traffic enforcement measures used to help make our roads safer.

It explains driving penalties, including fines and being disqualified or suspended from driving. It gives you an overview of driver licence suspension at the roadside and vehicle impoundment at the roadside.

More information

For more detail, see the following factsheets:

Also refer to the Land Transport Act 1998, which sets out specific rules for traffic fines and penalties.

Drink-driving

Drink-driving is considered a serious offence and carries tough penalties, especially for repeat offenders. Third and subsequent offenders face maximum fines of $6,000, prison terms of up to two years, and a one year minimum disqualification from driving.

If you cause injury or death while drink-driving, you can be fined up to $10,000 for driving carelessly while under the influence (no breath or blood test needed); up to $20,000 where a breath or blood-alcohol test shows you were over the limit and you could be sentenced to prison.

Speeding

Speeding fines increase progressively from $30 for speeds less than 10 km/h over the limit, to a maximum fine of $630 for speeds up to 50 km/h over the limit.

If your speed is more than 50 km/h over the limit you could be charged with careless, dangerous or reckless driving, and at more than 40 km/h above the speed limit you could also get a 28-day licence suspension.

Driver licence disqualification or suspension

If you've been disqualified or suspended from driving by the courts, you're not entitled to hold your driver licence and must surrender it to the court, the Police or the NZ Transport Agency (NZTA).

If you're caught driving while disqualified, the vehicle you're driving will be seized and impounded for 28 days. It doesn't matter whether it's your car or not. Driving while disqualified or contrary to the conditions of a limited licence carries a maximum fine for a third or subsequent offence of $6,000, and the period of imprisonment is up to two years. Note that when deciding the penalty, judges may take account of aggravating factors, such as repeat offending and the degree of intoxication of drink-drivers.

Limited licences

If losing your licence is going to seriously affect you (eg cause you to lose your job or cause a great deal of trouble for other people), you may be able to get a limited licence. A limited licence lets you drive, but only under very strict conditions. However, there are restrictions on who can get one – applications are considered by a court on a case-by-case basis. See Factsheet 50 Driver licence disqualifications and suspensions to find out more.

You'll need to see a lawyer to apply for a limited licence. They'll get the documents ready and present them to the court when your application is heard. If your application is granted, make sure you only drive when and where you're allowed to. You must have the court order and limited licence with you when you're driving.

Getting your licence back

The process to follow to get your licence back is set out in Factsheet 50 Driver licence disqualifications and suspensions. The factsheet also gives more detail about limited licences and other aspects of driver licence disqualification or suspension.

If you were disqualified for more than 12 months, you'll need to resit the appropriate tests to regain the licence classes you held previously.
If you only hold an overseas driver licence, you won't be allowed to drive again in New Zealand until you have a New Zealand driver licence.
If you were disqualified after convictions for repeat driving offences involving drugs or alcohol and one was a specified serious offence, you'll have to prove you've dealt with your drug or alcohol problem before you can get your licence back.

Suspension of your licence at the roadside

If you're caught committing a serious driving offence that puts the lives of other road users at risk, the Police can suspend your licence, on the spot, for 28 days.

This is called roadside licence suspension, but it can happen anywhere:

At the side of the road if you're pulled over for speeding at more than 40 km/h above the permanent speed limit (does not apply to speed camera offences).
Wherever you are if a breath test you have provided shows you have more than 650 micrograms of alcohol per litre of breath, or a blood sample shows you had more than 130 milligrams of alcohol per 100 millilitres of blood when you were tested. If you have been convicted of specified breath or blood alcohol offences in the past four years, being anywhere over the limit is enough for your licence to be suspended.
Wherever you are if you have failed or refused to take a blood test for excess blood alcohol, or refused to supply a blood sample.

For more details, read Factsheet 62 Suspension of your licence at the roadside.

Impoundment of your vehicle at the roadside

Your vehicle will be impounded if you're caught driving when:

you've been disqualified from holding or obtaining a driver licence
your driver licence has been suspended or revoked
you don't hold (or have never held) a licence, or your licence has expired, and you have been forbidden to drive by a Police officer until you have obtained or renewed your driver licence
you've been caught driving in an unauthorised race or other 'boy racer' activities.

Your vehicle will be impounded if it is being used in a transport service and:

the transport service operator has been disqualified from holding or obtaining a transport service licence
the relevant transport service licence has been suspended or revoked
the transport service operator doesn't hold (or never held) a transport service licence and has been forbidden to operate.

If a vehicle you're driving is impounded, the Police will call for a tow truck to take it to a storage facility. At the end of the 28-day impoundment period, you'll have to pay the towing and storage fees before you can get the vehicle back.

To find out more, read Factsheet 63 Impoundment of your vehicle at the roadside.

General driving offences

Maximum fines set by a court for general driving offences range from $2,000 for driving an unsafe vehicle, to up to $20,000 for reckless or dangerous driving causing injury or death to another person, or for failing to stop after a crash where someone is killed.

Not wearing a safety belt carries an infringement fee of $150.

Where you can find out more

Email us: info@nzta.govt.nz.
Call our contact centre: 0800 699 000.
Write to us: NZ Transport Agency, Private Bag 6995, Wellington 6141.

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