It is trite to say that driving and the ability to drive is privilege and not a right. According to data collected by Transport for NSW, from 2024 to 12 May 2024 there has been 127 lives lost to driving related incidents. While not always clear, speeding and fatigue usually play a role in driving incidents thus the licencing regulatory bodies treat driving offences as serious infringements by imposing fines and suspensions.

A license suspension can be appealed to the Local Court if the suspension is a result of:  

1. speeding more than 30 km/hr over the speed limit,
2. speeding more than 45 km/hr over the speed limit,
3. driving with a low, special or novice range prescribed concentration of alcohol,
4. driving with an illicit substance present in your oral fluid, blood, or urine, or
5. an immediate licence suspension notice issued by police officer.

A Transport for NSW suspension for accrual of demerit points can also be appealed to the Local Court but only if the appellant holds a provisional drivers licence or a learner drivers licence.

According to Criminal Lawyers Penrith, AMA Legal, a notice of licence suspension appeal must be filled  prior to the commencement of the suspension period or within 28 days of receiving the suspension if you are subject to an immediate licence suspension notice issued by the NSW Police.

According to Criminal Lawyers Penrith, AMA Legal, 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 to services NSW for a good behaviour licence.

To be eligible for a good behaviour period, you must have an unrestricted driver’s licence, the suspension letter issued must state that you can apply for a good behaviour period, and you must do so prior to the suspension period starting.

A person is not eligible for a good behaviour period if the letter advising the suspension does not mention the good behaviour period or the person is the holder of a provisional drivers licence or a learner drivers licence.

If the person on a good behaviour period accrues more than 2 demerit points, then their driver’s licence will be suspended for double the original suspension period.

You may also elect the penalty notice which would lead to the accrual of more than 13 demerit points and have the matter dealt with at Court by pleading not guilty and having the Court adjudicate the matter or by pleading guilty and convincing the Court to not record a conviction.

When considering whether to record a conviction, the Court will review the person’s traffic history, the circumstance of the infringement and other factors to determine whether discretion should be exercised to not record a conviction.

If a penalty notice is elected in Court and the person is convicted, the conviction will form part of not only the person’s traffic history but also their criminal history/record.

TRANSPORT FOR NSW SUSPENSION

According to Criminal Solicitors Penrith, AMA Legal, when hearing 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:

1. setting aside the decision, or
2. varying the decision, or
3. dismissing the appeal, or
4. making such others deemed appropriate by the Court in the circumstances.

WHAT WILL THE COURT CONSIDER

When determining Transport for NSW suspension appeals, the Court can consider and give appropriate weight to any of the following:

1. community safety,
2. appellant’s traffic history and criminal history,
3. appellant’s need for a driver’s licence, and
4. any other matter deemed appropriate by the Court.

According to Penrith Criminal Lawyers | AMA Legal 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

The Road Transport Act 2013 creates the test which the Courts must apply when they are determining immediate licence suspension appeals.

When considering such appeals, the Court:

• will not vary or set aside the suspension unless the court is satisfied that there are exceptional circumstances setting aside or varying the suspension, and
• is not, for the purposes of immediate licence suspension appeal, to take into account the circumstances of the offence which lead to the issuance of the immediate licence suspension.

The appellant’s need for a driver’s licence for insignificant purposes falls short of showing exceptional circumstances. If the appellant requires their driver’s licence for work or other important commitment such as transporting themselves or family members to and from hospital for treatment and public transport is not an option, then it can be argued that such circumstances are exceptional. The test creates a high threshold which is not easily overcome.