Disqualified driver finds loophole

A court case has highlighted a loophole in the law that could see thousands of disqualified drivers back on the road.

Lawyer Chris Comesky said a judge dismissed a case in Rotorua this week because Land Transport New Zealand (LTNZ) acted beyond its powers by sending a disqualification letter to a motorist who had exceeded his demerit points.

But Mr Comesky successfully argued the motorist should have been suspended - not disqualified.

Motorists who abuse the driving laws are given tickets with demerit points. If more than 100 points are clocked up within two years, they can lose their licences.

Following the Rotorua case, it appears licensed drivers can't be disqualified by the LTNZ if the wording of their disqualification letter is wrong.

Mr Comesky told TVNZ that could mean about 16,000 drivers who have been sent similar letters this year and ordered off the road could find themselves back behind the wheel.

"He's been disqualified when he should have been suspended ... police saw him driving ... they charged him.

"It didn't matter that he'd been driving at the end of the day because their use of the power was unlawful," Mr Comesky said.

Land Transport New Zealand claims the case doesn't open the floodgates for suspended drivers to get back behind the wheel because ultimately a suspension and disqualification mean the same thing.

LTNZ and the police won't comment further until the judge's full decision is out next week.

- NZPA