The idea of appealing an infringement notice is not technically correct, when you are seeking a review of a penalty notice to that the authority will withdraw and/or caution the offence in questions.

 

When reviewing your fine, Revenue NSW will take into account your personal circumstances. This means that you should tell us if there were extenuating circumstances that resulted in you receiving the fine and a clean driving record of 10 years.

 

You can request a review of an infringement notice if:

–        You believe there has been a mistake in issuing the penalty notice

–        you have extenuating circumstances, or

–        you are requesting leniency based on your driving history

 

If you’ve not paid the fine, you should try to make the request by the due date on the penalty reminder notice.

If you’ve already paid the fine you must Revenue NSW within 60 days from the date the penalty notice was issued.

The agency can withdraw the penalty notice, issue a caution, or confirm the infringement notice. If the penalty is to stand you can still elect to have the matter heard at court. You should talk to a traffic lawyer to discuss your options as each case is different.

A penalty notice can be appealed online.

 

Things to include to increase your chances of a successful review

  • Documentation supporting your case i.e. valid ticket
  • 10 year clear record
  • Directed to travel through by an authorised vehicle

What happens after I submit my review?

Once your request for review is received, a hold will be placed on the fine while we conduct a review. The review process can take some time if we require additional information from the issuing authority. You should include your email address and phone number in case Revenue NSW need to contact you. If Revenue NSW cannot contact you, they will review the fine based on the information we have. When the review is completed you will receive written advice of the outcome.

 

Can any infringement notice be reviewed?

You can make an application for any penalty notice, however there are a number of offences where your application to review will be rejected and the offence upheld due to the type of offence.

Ineligible caution infringement notices

For offences that attract demerit points, your driving history may be considered, however offences that pose serious safety risks are unlikely to be cautioned. You can refer to Review Assist for more guidance about possible outcomes.

Likely factors for a successful review

  • The offence did not take place, the fine has been issued in error
  • I was not responsible for the vehicle at the time of offence
  • For demerit offences, I have a good driving history and would like to ask for a caution
  • I had a medical emergency or crisis which explains why the offence took place
  • I have an intellectual disability, mental illness or cognitive impairment, or am homeless, and as such did not understand that I was committing an offence or was unable to control my conduct. You may be required to provide documents to support your claim.

Unlikely factors for a successful appeal

  • When the offence is a serious offence that posed a risk to public and/or road safety
  • Claim where you are unable to provide supporting documentation when requested
  • You were unaware of or misunderstood a particular rule, offence or restriction (such as sign posted parking restrictions)
  • An oversight that resulted in you committing an offence If you wish to dispute a fine on these grounds, you can elect to have your circumstances heard at court.

 

Things not considered

  • Did not see signs or the lights
  • Misreading speed
  • Lose my licence otherwise

 

What should I do if my appeal or review is unsuccessful?

If your review is unsuccessful there in nothing to prevent you from making application to have the matter heard at court. This option is not without risk and you should speak to a qualified traffic lawyer first.

Need legal advice? Catron Simmons can help.