LICENCE SUSPENSION APPEAL
APPEALS TO NSW LOCAL COURT
A License suspension Appeal can be made to the NSW Local Court if the licence has been suspended for:
- speeding more than 30 km/hr over the speed limit,
- speeding more than 45 km/hr over the speed limit,
- driving with a low, special or novice range prescribed concentration of alcohol,
- driving with an illicit substance present in your oral fluid, blood, or urine, or
- an immediate licence suspension notice issued by Police officer.
A provisional or a learners driver licence holder can also appeal a suspension issued by Transport for NSW for accrual of too many demerit points.
FILING OF LICENCE SUSPENSION APPEAL
A licence suspension appeal must be filed prior to the commencement of the suspension period or within 28 days of receiving the notice if it is an immediate licence suspension notice.
TRANSPORT FOR NSW LICENCE SUSPENSION APPEAL
When determining a Transport for NSW licence suspension appeal, 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 a licence suspension 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 licence suspension appeal, 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 Courts 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 a Transport for NSW licence suspension appeal, the Road Transport Act 2013 creates the test which the Courts must apply for immediate licence suspension appeals.
When considering an immediate licence suspension appeals, the Court is:
- not to vary or set aside the suspension unless it is satisfied that there are exceptional circumstances justifying a lifting or variation of the suspension, and
- not 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.
For a consultation with a Traffic Lawyer, call AMA Legal on (02) 8610 3764.
