People who consider a fake licence often underestimate what the card changes. It does not make driving legal. The offence is driving without a licence, and a fake card adds the question of how you got it.
What section 31 covers
Section 31 of the Land Transport Act 1998 (reprint of 1 December 2020) makes it an offence to:
- drive on a road with an expired driver licence;
- drive without an appropriate driver licence;
- drive contrary to the conditions of your licence;
- fail to produce your licence for inspection without delay when an enforcement officer requires it;
- fail to surrender or return a licence when required to.
The maximum penalty on conviction is a fine not exceeding $1,000. “Without an appropriate licence” covers both having none and having one that does not entitle you to drive that vehicle, such as breaking learner or restricted conditions.
Disqualified, suspended or revoked
Section 32 is stricter. Driving while disqualified from holding a licence, while the licence is suspended or revoked, or contrary to an alcohol interlock, zero alcohol or limited licence is an offence. For a first or second offence the maximum is 3 months’ imprisonment or a fine of up to $4,500, and the court must disqualify for 6 months or more. For a third or later offence the maximum is 2 years or a fine of up to $6,000, with disqualification of at least a year. These are maximums.
That matters for conversion fraud. Where NZTA revokes a licence for false documents, as with the 440 commercial licences, driving afterwards falls under this section. See overseas licence conversion fraud.
What NZTA lists
Driven Car Guide, quoting NZTA, lists these consequences of driving without a valid and current licence:
| Consequence | Detail |
|---|---|
| Infringement fine | $400 |
| Court fine | Up to $1,000 if summonsed to court |
| Police action | Being forbidden to drive |
| Vehicle | Roadside seizure and impounding for 28 days |
| Insurance | Being declined cover, and an insurance claim declined |
We have not opened NZTA’s own page, so treat these as reported and check the current figures. The $1,000 court figure matches section 31.
Using a forged card on top
If a forged licence is used to show you are licensed, other offences can apply, such as using a forged document under the Crimes Act; see forged documents: the law. The legal position in any case depends on its facts, and a lawyer can advise.
The practical consequences people forget
- Insurance. NZTA, as quoted, lists declined cover and declined claims. A crash can then become your personal debt.
- Work. Drivers need to show a licence to employers and car hire firms.
The lawful way out
If you have been driving without a licence, the fix is to start the real process. How to get a driver licence covers it. If a licence has simply been lost or has expired, see lost, stolen or expiring licences.
Conditions are part of the licence
Section 31 also covers driving contrary to the conditions of your licence, so a genuine learner or restricted licence can still lead to an offence if you break its conditions. The AA says you must have your restricted licence with you when driving, and that under 20 a zero alcohol limit applies, so drink driving can lead to a charge and loss of licence. 1News reported that from 25 January 2027 zero alcohol limits will apply to all learner and restricted holders regardless of age. A converted motorcycle learner licence carries its own conditions: only LAMS-approved motorcycles, no passengers, no riding between 10pm and 5am and no towing, per NZTA’s factsheet.
Visitors and newcomers
govt.nz says visitors do not need a New Zealand licence to drive here but must meet some conditions, and that if you have been in New Zealand more than a year you need to convert an overseas licence to keep driving legally. NZTA’s factsheet says the period for an overseas car licence is up to 18 months from your last entry, reducing to 12 months from 1 November 2026. Once a New Zealand licence is issued, the overseas licence and any international driving permit stop being valid here. Driving after the permitted period without converting is driving without an appropriate licence. See converting an overseas licence.
Producing your licence
Failing to produce your licence without delay when an enforcement officer requires it is itself an offence under section 31. govt.nz notes you can be fined for driving without your licence on you, so replace a lost one promptly rather than driving and hoping.
Common questions
What is the penalty for driving without a licence in NZ?
Section 31 of the Land Transport Act 1998 sets a fine of up to $1,000. Driven Car Guide, quoting NZTA, lists a $400 infringement fine for being unlicensed, plus possible 28-day impoundment.
What if I drive while disqualified in NZ?
Section 32: for a first or second offence, up to 3 months’ imprisonment or a $4,500 fine, with disqualification of at least 6 months. Third or later offences carry up to 2 years or a $6,000 fine.
Does a fake licence make driving legal?
No. The AA says a fraudulent licence is the same as having no licence at all.
Can my car be impounded for driving without a licence?
Driven Car Guide, quoting NZTA, lists roadside seizure and impounding for 28 days among the consequences.
Will insurance pay out if I am unlicensed?
NZTA, as quoted by Driven Car Guide, lists being declined insurance and having an insurance claim declined.