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.
*Please
note that this page or any other pages on our website (including any other
social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered
as a substitute for legal advice or even other professional advice. It should
also be noted that accessing of this information from this website does not create a client-lawyer
relationship.