Driver’s License Suspension Appeals Lawyers

• • Issued by New South Wales Police Force for
    • Exceeding the speed limit by 30km/h or 45km/h
    • Drink Driving or Prescribed Concentration of Alcohol (PCA)
    • Driving under the influence
    • Serious Driving Offences
    • Street racing
    • Aggravated burnouts
    • Learner Drivers who are driving unaccompanied

Once you have filed your application with the court, you will receive a date on which the application will be heard. On this date, you will present your material and/or circumstances to the court.

During the hearing, the court will make an immediate determination of your grounds for appeal. In order to succeed, the court must be satisfied that there are exceptional circumstances for overturning the suspension for any Police issues Immediate Suspension.

Understanding Exceptional Circumstances

• Definition:

  • Exceptional circumstances refer to situations that are extraordinary, unusual, and distinguishable from ordinary cases. This can involve one factor or a combination of factors.

• Examples:

  • Circumstances beyond the common experiences of most drivers may qualify as exceptional.

• What Does Not Qualify:

  • Potential loss of employment, lack of transport, and childcare responsibilities are not considered exceptional circumstances as they are common to most drivers.
  • The court does not consider the circumstances of the offence itself in this context, as that is treated as a separate issue.

• • Administrative suspensions issued directly by Transport NSW for both offences and demerit points. Demerit Point offences can only be appealed by Learner and Provisional Licence Holders. All full licence holders must serve the suspension or apply to go onto a Good Behaviour Bond.

Learner and Provisional Drivers

1. Exceeding the Demerit Point Limit:

   • Learner and provisional drivers face suspension if they exceed the demerit point limit.

2. Speeding 30km/h or 45km/h Over the Limit:

   • Suspensions apply if learner or provisional drivers are caught speeding 30km/h or 45km/h over the limit.

Unrestricted Drivers

1. • Unrestricted drivers (i.e., those holding a full licence) can be suspended for speeding 30km/h or 45km/h over the limit.
   • Drink Driving or Prescribed Concentration of Alcohol (PCA)
   • Driving under the influence
   • Serious Driving Offences

Under the Road Transport Act 2013, there is no specific test prescribed for determining licence suspension appeals. However, in practice, the court generally considers several factors:

Factors Considered by the Court

1. Fit and Proper Person:
   • Whether the driver is deemed a fit and proper person to hold a licence.
2. Circumstances of the Offence:
   • The specific circumstances surrounding the offence that led to the suspension.
3. Criminal and Traffic History:
   • The driver's past criminal and traffic records.
4. Need for a Licence:
   • The driver's need for a licence, which may include employment, medical, or other significant personal reasons.

Good behaviour period

If you have an unrestricted licence and receive a suspension notice, you may be eligible to apply for a behaviour period. You need to apply before your suspension starts and meet the conditions of the good behaviour period for 12 months.

• If you need to take a Driver Knowledge Test, the good behaviour period will start after you have passed. If you do not pass before your suspension starts, all your licences will be suspended until you have passed.
• If you get 2 or more demerit points during the 12 months, all your licences will be suspended for double the original suspension period.
• After the 12 months, the demerit points on your suspension notice will be cleared from your licence, unless you:
  • get 1 demerit point during the 12 months
  • have other points not listed in your suspension notice.If these points take you over 13 demerit points, you may receive a new suspension notice.

Eligibility

You're eligible if:

• your suspension letter states you can apply for the good behaviour period
• the suspension period has not started
• you hold at least one unrestricted NSW Driver Licence.

You are not eligible if:

• your suspension letter does not mention the good behaviour period
• you only hold a provisional or learner licence.

• • Issued when a driver breaches the conditions of a good behaviour bond by Transport NSW. The suspension following a breach good behaviour licence is not appealable to the court; only the ticket that gives rise to the breach can be defended.

 Court Election on the Traffic Offence

A court election is the process of choosing to have a traffic offence decided in a court’s criminal jurisdiction. This allows the individual to have their case heard and judged by a magistrate or judge, rather than being dealt with administratively. By taking a ticket to court it is critical that a person understands that the penalty can be increased and there will also be court costs for each offence, the court also has a general power of disqualification in traffic matters.

A person can plead guilty or not guilty with or without an explanation.

Outcomes:

• Criminal Conviction:
  • Any resulting conviction from this process is recorded as a criminal conviction, which has long-term consequences for the individual’s criminal record.
  • The penalty can also be increased and there are court costs for each offence proven.
• Non-Conviction Orders:
  • When an infringement is court-elected and dealt with by a non-conviction order under the Crimes (Sentencing Procedure) Act, demerit points are not incurred against the licence.
  • However, seeking non-conviction orders merely to avoid demerit points is considered improper and impermissible by the court.
  • Be cautious: Courts do not favour non-conviction orders used solely to avoid the operation of other legislative provisions, such as the demerit point system.

• • Imposed when fines remain unpaid within the specified timeframe by Revenue NSW and Transport NSW: These suspensions are temporary until you enter into a payment plan or pay your outstanding debt.

When you receive a fine, you will usually have 21 days to pay.

If you don't pay, you will be sent a reminder notice, which gives you another 28 days to pay the fine.

If you still don't pay the fine, you will get an overdue fine from Revenue NSW.

When you get an overdue fine, additional costs of $65.00, or $25.00 if you are under 18 (as at 1 July 2024), are added to the amount you owe.

You have 28 days to pay your overdue fine, if you receive it by post.

If you don’t pay the overdue fine in full by the due date or apply for a payment plan, Revenue NSW can take recovery action against you. This can include directing Transport for NSW to:

• suspend your driver's licence
• cancel any motor vehicle registration in your name
• suspend your visitor driver privileges.

If Transport NSW cancels, suspends, varies, or refuses your licence for medical reasons, you will receive a letter of notice that includes:

• Start Date: When the licence change takes effect.
• Reasons for the Decision: Explanation of why the decision was made regarding your licence i.e. medical condition that could impair their ability to drive safely.
• Actions to Lift the Decision: Steps you can take to have the decision withdrawn or lifted, if applicable.

Notifying the Transport NSW of Medical Conditions

Legal Requirement to Notify:

• You must notify the Transport NSW as soon as practicable about any "permanent or long-term injury or illness that may impair your ability to drive safely."

Consequences of Failing to Notify:

• Significant legal consequences can arise if you are involved in an accident due to the condition and had failed to notify Transport NSW.
• Drivers aware of their medical condition but continue driving are held to a higher level of criminal responsibility if an accident occurs.

Decision Considerations

When making the decision, the following factors are evaluated:

• Medical Advice: Recommendations from your doctor or other medical specialists.
• Austroads Fitness to Drive Standards: Guidelines assessing fitness to drive.
• Nature of the Driving Task: Including the class of your licence.

If additional information is required from your medical specialist, you will be instructed to provide the notice to your specialist and request the necessary information be sent to Transport NSW.

Removing a Suspension, Cancellation, Variation, or Refusal

Steps to Apply for Removal:

1. Consult Your Doctor or Specialist:
   • Take the letter of notice to your doctor or specialist.
2. Provide Additional Medical Information:
   • The notice will specify what type of medical specialist to see, the information they need to provide, and whether you need to sit a practical driving assessment or driver knowledge test.

Decision Process: Once your medical specialist sends their advice, Transport NSW will review it and get back to you with a decision as soon as possible. All legal notices are sent by priority post.

Appealing a Change to Your Licence

You have the right to appeal the decision to cancel, suspend, vary, or refuse your licence.

How to Lodge an Appeal:

• Deadlines: File the appeal within 28 days of the date on the notice.
• Methods: File the appeal online or visit a NSW Local Court.
• Fee: A fee is payable to the court when lodging an appeal.

Important Considerations:

• Effect of Lodging an Appeal:
  • Lodging an appeal will not stop the decision from taking effect, but it may overturn the decision if the court rules in your favour.

Local Court's Role in Appeals

The Local Court can:

1. Allow the Appeal:
   • Return the licence to the appellant.
2. Disallow the Appeal:
   • Uphold the RMS decision.
3. Vary the RMS Decision:
   • Issue a conditional licence or modify the terms of the suspension/cancellation.

Understanding these procedures and your rights can help you effectively manage changes to your driver licence due to medical reasons. Seeking expert legal guidance from Catron Simmons Lawyers can assist you in navigating these processes and ensuring compliance with all requirements.