kickingzebra
20th March 2006, 21:51
referring to pyrocam's thread as below...
http://www.kiwibiker.co.nz/forums/showthread.php?t=26540
Sorry, I can't help but use the story to illustrate, but reading it should roughly tell you how to go about applying for, and generally getting a limited license.
To start:
You don't actually lose your license until they serve you notice to that effect.
Potentially, they may be able to serve this on the side of the road, immediately after the event, If anyone knows the story regarding this, please post it here, or PM me, and I will.
As far as getting a limited license goes, It needn't cost $1500 or $5000 in lawyers fees! (cost me $300)
If it is your first loss of license, and you have a relatively clean driving record/criminal record there is a VERY good chance you can get a limited license.
Two years ago I lost my license on demerit points. 3 Month suspension.
It took them 4 months to get to me, LTSA lady served the license suspension letter, at my home. I had to make a time to be there, as she had tried 3 times, and after that it was to be referred to the police (implications of warrants and being stranded at the side of the road).
Point 1) Be available, if it has happened and don't shoot the messanger.
N.B If you are fortunate enough to clock up over 100 demerit points within two years, you will lose your license. Contrary to popular belief, The fines don't go away magically, BUT, it doesn't become a suspension until they serve you with the notice.
You may be able to control when they serve the notice on you somewhat by paying the fine earlier or later, but you cannot simply rock up to the Police station, and surrender your license to begin the 3 months as soon as possible, I know, I tried that!!
I was working a sales/estimating job at the time, and living 100 odd km away from where I worked.
the Law roughly states "A limited license may be granted where the loss of license is likely to cause, and I quote, "undue hardship to you OR someone whom your are responsible for" This is not neccesarily just for work purposes. If your Home situation is such, then that is equal a reason, EG my kids will not be able to participate in extra curricular events etc.
My Boss was sympathetic, and hence was prepared to write an affidavit, basically saying If he cannot drive, he has no job anymore.
I hunted around for a long time, trying to find out what the story was, the cheapest I could find a laywer to do the mulework for was $800.00
That was too much for me at the time, so with a LOT of running around, and phone calls, I learned that the person with the most power is the court REGISTRAR!!
Phone this person, and ask them for the form for application for limited license. If they tell you it doesn't exist, ask who can help you, if they say you'll have to phone a lawyer, they are lieing (or having a really bad day!) The form is there within easy reach of them, but it pays to establish its existance on the phone first with one person, remember their name, and go in and pick up the form from that person.
There is nothing to prevent you doing this, and preparing as soon as you realise the magic 100 demerit points have been reached, yet before they actually serve notice of such on you.
The form walks you through the process. Assuming you have a letter/affidavit from your Boss, or can (honestly) say I am a self employed salesman, I am a contract pizza delivery boy, I regularly have to drive across town at irregular hours for work reasons, and will lose my job if I cannot, Or, my wife depends on me to drive her to work in the coal mines as she is 12 months pregnant etc etc, my child has rhuematic arthritis, and I have to drive her to the shop to buy candy and any of these reasons will produce undue hardship for you, or the person you are responsible for (Grandparents, fostor children, children, family etc)
It helps if you can produce documentation to prove this, The more (letterheaded, official looking) documentation you can produce, the more genuine and well thought out your application looks.
So you fill out the form to the best of your ability (neatly!!) I suggest you take a photocopy of the form (and post it on here, sorry, I lost mine) before you write on it, so if you screw it up, you can start from scratch and not look like a plonker.
The form covers what hours and days you need to be able to drive in, what vehicles you will be driving in and what areas you will be driving in. The penalties for breaching conditions are $800 per breach, and the possibility of imprisonment/ much larger fines.
I suggest putting several vehicles in there, as if one needs to be serviced/is out of commission, you are breaking the terms of your license by driving anything else.
Private and Company cars should be included, and I can't see any reason why a motorcycle would see your application treated any differently (perhaps leave out the fact that it can go 0 to 100 in 3 odd seconds...)
The area you will be driving in could be quite expansive, for me it was simple, I lived in Snells Beach, work office was in Henderson, and I was travelling as far south as the Bombay Hills from East coast to West coast. This became my desgnated driving area.
If you are a truck driver, you could quite rightly say the length and breadth of the North Island etc, but I suggest not pushing your luck.
I was generous on the hours I would be driving, basically saying I would leave Snells at 5am, and possibly not Return until 9pm. It did actually work out that way a few times.
Assuming all of your documentation matches up, and you can produce everything required in the form, then you go and visit the courthouse, pay a lodging fee ($300 when I did it in 2003) Hand over the paperwork (KEEP YOUR OWN COPIES!!) and then you will be given a court date. With me, this was two days later, so it wasn't a super long wait.
The court day comes, and you have to sit in open court for as long as it takes for them to get to your application, simply put, if you miss the reading of your name, there is going to be no show of getting the limited license, so don't miss it.
Dress up nicely ish, act subservient and sorry, and wait the day out, while all of the gang members and druggies are going through getting done for their things (and yet being strangely peaceable outside of the court?!?).
If you are genuine, and don't come across as a hardass (and the offences causing loss of license can be viewed as minimal, IE not drink driving repeat convictions) Then likely as not, when your file comes to the top of the pile, the judge will stand you up...
Point 2) Not in the Dock, as it is not a criminal matter!!
This may vary depending on who is running the courtroom that day, but I went to walk up to the dock, and was told by the Judge, stand where you are son, this is not a criminal matter.
He will read the facts of the application, a little of your history in losing said license, perhaps question you very slightly on the details of your application (have your copy at hand) and then he will tell you your application is granted, and perhaps outline the conditions under which it is to be granted, and tell you to take more care with your speed from now on.
As pointed out Below, the conditions you are now allowed to operate a motor vehicle under have been imposed by the Court, so any deviation from said conditions, if apprenhended, will become a criminal matter. This typically means nasty things like Prison, and Trial, and lawyers fees. (not neccesarily in that order)
Rubber stamp having been gained, you go and wait for the registrar to type up conditions etc, or if they are too busy, they will post these to you. This documentation procured, you go down to your nearest Driver Licensing Agency, present the paperwork, explain yourself to the person on the desk, pay about 60 bucks if I recall rightly for them to retest your eyes, take a photo, and write you out a temporary limited license.
The biggest pain in the ass, is you have to carry all court documentation with you whenever driving, (I recommend a zip lock folder or something like that in the glove box) and you must keep a log book of every single kilometre travelled.
That is pretty much Time, start point, destination, kilometres there. This will have to be produced if you are ever pulled up, and though I doubt the Officer would follow the maths of kilometres too closely, It pays to keep it right up to date, as if you don't, as above, you are risking criminal prosecution, and loss of limited license, with further disqualification for 6 months, and presumably, the court then has a lot of discretion as to how to punish you more.
All this having happened, you are free to drive again, and if you can see a reason for work to be done, and it fits within the conditions, then (assuming you are following the other road rules) you are safe and free to drive at will.
Don't do anything silly like (getting caught) breaking the speed limit again, during this time, as that is pretty much instant revocation of Limited License. (and grounds for criminal prosecution)
If you have read this far, congratulations!! Sorry for the drivel, but I know not other ways to speak!
If you are a lawyer, and are slightly annoyed that I am putting others off your business, Sorry, but I couldn't afford the $800 (Hell $360 was a step of faith!!) and I don't doubt there are others in the same predicament.
If you are doubly interested, and wish to correct me on any finer points of law, or jargon, or presentation, I will gladly amend this post. PM me if you want any more details, or I can help out any way.
Hope this helps and enlightens,
Point 3)The Machine is arbitrary, without heart or emotions, you just have to learn to work within it.
Cheers
JD
http://www.kiwibiker.co.nz/forums/showthread.php?t=26540
Sorry, I can't help but use the story to illustrate, but reading it should roughly tell you how to go about applying for, and generally getting a limited license.
To start:
You don't actually lose your license until they serve you notice to that effect.
Potentially, they may be able to serve this on the side of the road, immediately after the event, If anyone knows the story regarding this, please post it here, or PM me, and I will.
As far as getting a limited license goes, It needn't cost $1500 or $5000 in lawyers fees! (cost me $300)
If it is your first loss of license, and you have a relatively clean driving record/criminal record there is a VERY good chance you can get a limited license.
Two years ago I lost my license on demerit points. 3 Month suspension.
It took them 4 months to get to me, LTSA lady served the license suspension letter, at my home. I had to make a time to be there, as she had tried 3 times, and after that it was to be referred to the police (implications of warrants and being stranded at the side of the road).
Point 1) Be available, if it has happened and don't shoot the messanger.
N.B If you are fortunate enough to clock up over 100 demerit points within two years, you will lose your license. Contrary to popular belief, The fines don't go away magically, BUT, it doesn't become a suspension until they serve you with the notice.
You may be able to control when they serve the notice on you somewhat by paying the fine earlier or later, but you cannot simply rock up to the Police station, and surrender your license to begin the 3 months as soon as possible, I know, I tried that!!
I was working a sales/estimating job at the time, and living 100 odd km away from where I worked.
the Law roughly states "A limited license may be granted where the loss of license is likely to cause, and I quote, "undue hardship to you OR someone whom your are responsible for" This is not neccesarily just for work purposes. If your Home situation is such, then that is equal a reason, EG my kids will not be able to participate in extra curricular events etc.
My Boss was sympathetic, and hence was prepared to write an affidavit, basically saying If he cannot drive, he has no job anymore.
I hunted around for a long time, trying to find out what the story was, the cheapest I could find a laywer to do the mulework for was $800.00
That was too much for me at the time, so with a LOT of running around, and phone calls, I learned that the person with the most power is the court REGISTRAR!!
Phone this person, and ask them for the form for application for limited license. If they tell you it doesn't exist, ask who can help you, if they say you'll have to phone a lawyer, they are lieing (or having a really bad day!) The form is there within easy reach of them, but it pays to establish its existance on the phone first with one person, remember their name, and go in and pick up the form from that person.
There is nothing to prevent you doing this, and preparing as soon as you realise the magic 100 demerit points have been reached, yet before they actually serve notice of such on you.
The form walks you through the process. Assuming you have a letter/affidavit from your Boss, or can (honestly) say I am a self employed salesman, I am a contract pizza delivery boy, I regularly have to drive across town at irregular hours for work reasons, and will lose my job if I cannot, Or, my wife depends on me to drive her to work in the coal mines as she is 12 months pregnant etc etc, my child has rhuematic arthritis, and I have to drive her to the shop to buy candy and any of these reasons will produce undue hardship for you, or the person you are responsible for (Grandparents, fostor children, children, family etc)
It helps if you can produce documentation to prove this, The more (letterheaded, official looking) documentation you can produce, the more genuine and well thought out your application looks.
So you fill out the form to the best of your ability (neatly!!) I suggest you take a photocopy of the form (and post it on here, sorry, I lost mine) before you write on it, so if you screw it up, you can start from scratch and not look like a plonker.
The form covers what hours and days you need to be able to drive in, what vehicles you will be driving in and what areas you will be driving in. The penalties for breaching conditions are $800 per breach, and the possibility of imprisonment/ much larger fines.
I suggest putting several vehicles in there, as if one needs to be serviced/is out of commission, you are breaking the terms of your license by driving anything else.
Private and Company cars should be included, and I can't see any reason why a motorcycle would see your application treated any differently (perhaps leave out the fact that it can go 0 to 100 in 3 odd seconds...)
The area you will be driving in could be quite expansive, for me it was simple, I lived in Snells Beach, work office was in Henderson, and I was travelling as far south as the Bombay Hills from East coast to West coast. This became my desgnated driving area.
If you are a truck driver, you could quite rightly say the length and breadth of the North Island etc, but I suggest not pushing your luck.
I was generous on the hours I would be driving, basically saying I would leave Snells at 5am, and possibly not Return until 9pm. It did actually work out that way a few times.
Assuming all of your documentation matches up, and you can produce everything required in the form, then you go and visit the courthouse, pay a lodging fee ($300 when I did it in 2003) Hand over the paperwork (KEEP YOUR OWN COPIES!!) and then you will be given a court date. With me, this was two days later, so it wasn't a super long wait.
The court day comes, and you have to sit in open court for as long as it takes for them to get to your application, simply put, if you miss the reading of your name, there is going to be no show of getting the limited license, so don't miss it.
Dress up nicely ish, act subservient and sorry, and wait the day out, while all of the gang members and druggies are going through getting done for their things (and yet being strangely peaceable outside of the court?!?).
If you are genuine, and don't come across as a hardass (and the offences causing loss of license can be viewed as minimal, IE not drink driving repeat convictions) Then likely as not, when your file comes to the top of the pile, the judge will stand you up...
Point 2) Not in the Dock, as it is not a criminal matter!!
This may vary depending on who is running the courtroom that day, but I went to walk up to the dock, and was told by the Judge, stand where you are son, this is not a criminal matter.
He will read the facts of the application, a little of your history in losing said license, perhaps question you very slightly on the details of your application (have your copy at hand) and then he will tell you your application is granted, and perhaps outline the conditions under which it is to be granted, and tell you to take more care with your speed from now on.
As pointed out Below, the conditions you are now allowed to operate a motor vehicle under have been imposed by the Court, so any deviation from said conditions, if apprenhended, will become a criminal matter. This typically means nasty things like Prison, and Trial, and lawyers fees. (not neccesarily in that order)
Rubber stamp having been gained, you go and wait for the registrar to type up conditions etc, or if they are too busy, they will post these to you. This documentation procured, you go down to your nearest Driver Licensing Agency, present the paperwork, explain yourself to the person on the desk, pay about 60 bucks if I recall rightly for them to retest your eyes, take a photo, and write you out a temporary limited license.
The biggest pain in the ass, is you have to carry all court documentation with you whenever driving, (I recommend a zip lock folder or something like that in the glove box) and you must keep a log book of every single kilometre travelled.
That is pretty much Time, start point, destination, kilometres there. This will have to be produced if you are ever pulled up, and though I doubt the Officer would follow the maths of kilometres too closely, It pays to keep it right up to date, as if you don't, as above, you are risking criminal prosecution, and loss of limited license, with further disqualification for 6 months, and presumably, the court then has a lot of discretion as to how to punish you more.
All this having happened, you are free to drive again, and if you can see a reason for work to be done, and it fits within the conditions, then (assuming you are following the other road rules) you are safe and free to drive at will.
Don't do anything silly like (getting caught) breaking the speed limit again, during this time, as that is pretty much instant revocation of Limited License. (and grounds for criminal prosecution)
If you have read this far, congratulations!! Sorry for the drivel, but I know not other ways to speak!
If you are a lawyer, and are slightly annoyed that I am putting others off your business, Sorry, but I couldn't afford the $800 (Hell $360 was a step of faith!!) and I don't doubt there are others in the same predicament.
If you are doubly interested, and wish to correct me on any finer points of law, or jargon, or presentation, I will gladly amend this post. PM me if you want any more details, or I can help out any way.
Hope this helps and enlightens,
Point 3)The Machine is arbitrary, without heart or emotions, you just have to learn to work within it.
Cheers
JD