If you are a Learner or a Provisional Licence Holder and your licence is going to be suspended due to exceeding the demerit point limit, then prior to serving the licence suspension (imposed by Transport for NSW) you will receive a letter titled ‘Notice of Suspension.’
It is crucial that you obtain legal advice upon receipt of that notice of suspension.
Did you know you can appeal the suspension?!
The ‘notice of suspension’ letter can be appealed at any Local Court in NSW. It is critical that the suspension is appealed within the 28 days of receiving the notice of suspension. The Court will NOT accept, and the Court will NOT file any notice of suspension which is filed out of time.
What is the test which the Court applies in considering as to whether your appeal should he upheld or whether your appeal should be dismissed?
The Court applies the ‘fit and proper person’ test. So in effect, the court looks at whether the person facing the suspension is a ‘fit and proper person’ to hold a Drivers licence in NSW.
What does the Court consider in deciding whether a person is a fit and proper person?
The court takes into consideration the following matters, it should be noted that the list below is not exhaustive as this is only some of the factors which the court considers:
<![if !supportLists]>1. <![endif]>The driving record of the Appellant
<![if !supportLists]>2. <![endif]>Whether the appellant has sat the Traffic Offender’s Program (or any Driver Education Program).
<![if !supportLists]>3. <![endif]>Availability of public transport for the Appellant
<![if !supportLists]>4. <![endif]>The appellant’s need for a Drivers licence
What are the possible outcomes?
The following 3 outcomes are the outcomes which are available to a local Court Magistrate in matters where a Learner or Provisional Licence Holders has appealed a notice of suspension:
<![if !supportLists]>1. <![endif]>Allow the Appeal
<![if !supportLists]>2. <![endif]>Dismiss the Appeal
<![if !supportLists]>3. <![endif]>Vary the period of suspension.
Why Choose Nicopoulos Sabbagh Lawyers?
Nicopoulos Sabbagh Lawyers are leading in Traffic Law as our office appears on a regular basis in all Traffic Law matters at all Courts in NSW. No matter is too complex for the team!
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 17th March 2023.
*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.