LICENCE SUSPENSION APPEAL | TRAFFIC LAWYERS SYDNEY
Licence Appeals
You can appeal a license suspension to the Local Court if your licence has been suspended for:
- for speeding more than 30 km/hr over the speed limit,
- for speeding more than 45 km/hr over the speed limit,
- for driving with a low, special or novice range prescribed concentration of alcohol,
- for driving with an illicit substance present in your oral fluid, blood, or urine, or
- an immediate licence suspension notice issued by police officer.
You can also appeal a suspension issued by Transport for NSW for accrual of too many demerit points but only if you hold a provisional or a learners driver licence.
You must file your licence suspension appeal prior to the commencement of the suspension period or within 28 days of receiving the notice if you are subject to an immediate licence suspension notice.
If you hold an unrestricted NSW driver’s licence and have accrued more than 13 points, you cannot appeal the suspension to the Local Court, however you can apply for a good behaviour period through Services NSW.
You can also elect the penalty notice which would lead to the accrual of more that 13 demerit points beyond and have the matter dealt with at Court by
TRANSPORT FOR NSW SUSPENSION
- When determining Transport for NSW suspension appeals, the Court can only exercise such powers as the decision-maker could have exercised under the road transport legislation when making that decision.
- The Court can determine such an appeal by:
- setting aside the decision, or
- varying the decision, or
- dismissing the appeal, or
- making such other order as seems just to the Court in the circumstances.
WHAT WILL THE COURT CONSIDER
- In determining Transport for NSW suspension appeals, the Court may consider and afford appropriate weight to any of the following factors:
- community safety,
- appellant’s traffic history and criminal history,
- appellant’s need for a driver’s licence, and
- any other matter deemed appropriate by the Court.
- The Court have long held that the ability to drive is not a right but a privilege and treat such appeals with that principal.
IMMEDIATE SUSPENSION OF LICENCE
Unlike the determination of Transport for NSW suspension appeals, the Road Transport Act 2013 creates the test which the Courts must apply to immediate licence suspension appeals.
- When considering such appeals, the Court is:
- not to vary or set aside the decision unless it is satisfied that there are exceptional circumstances justifying a lifting or variation of the suspension, AND
- not, for the purposes of any such appeal, to take into account the circumstances of the offence with which the person making the application is charged, unless the statutory rules provide to the contrary.
- The exceptional circumstances test creates a high threshold and usually the appellant’s need for a driver’s licence for insignificant purposes falls short of reaching such a threshold.
The above should not be treated as legal advice but general information.
For a free consultation with a Traffic Lawyer in Sydney, call AMA Legal on (02) 8610 3764.
