In the state of NSW, Transport for NSW can cancel or even suspend a person’s driver’s licence if Transport for NSW becomes aware of a medical condition which could affect a person’s driving abilities. It should be noted that this decision is appealable in the Local Court provided that the Appeal is lodged within 28 days as detailed in the notice (notice of suspension or cancellation) from the Transport for NSW.
Transport for NSW has the power to require a holder of a driver’s licence to undergo medical examination for the purpose of confirming whether a person is medically fit to drive.
Further to this, Transport for NSW can also require a person to undertake a Driving Knowledge Test (DKT) or even undertake a Practical Driving Test so that the person can demonstrate to Transport for NSW his or her ability to drive a vehicle safely.
If it appears that it would be dangerous for a person to drive a vehicle due to an illness or a medical condition (or due to any incapacity as detailed in the medical report(s)) then Transport for NSW will notify that person of their decision to cancel or suspend the person’s driver’s licence.
It should be noted that the suspension (or cancellation) period will operate immediately after the Transport for NSW gives a person notice. It should also be noted that a person can appeal to the Local Court against the Transport for NSW decision to suspend or cancel a driver’s licence on medical grounds and the appeal must be lodged within 28 days of receiving the suspension (or the cancellation) notice.
If an appeal is lodged with the Court Registry and the person is awaiting the outcome of the Court, the person will NOT be able to drive while waiting for their appeal to be heard by the Local Court.
Once the appeal is lodged it is critical that sufficient medical evidence is obtained from medical practitioners so that the Court is satisfied that the medical standards have been met and that a person can drive safely.
It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.
Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 8th November 2022.
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