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.’
crucial that you obtain legal advice upon receipt of that notice of suspension.
know you can appeal the suspension?!
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.
the test which the Court applies in considering as to whether your appeal
should he upheld or whether your appeal should be dismissed?
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.
does the Court consider in deciding whether a person is a fit and proper
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
The driving record of the Appellant
Whether the appellant has sat the Traffic
Offender’s Program (or any Driver Education Program).
Availability of public transport for the
The appellant’s need for a Drivers licence
are the possible outcomes?
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
the period of suspension.
Choose Nicopoulos Sabbagh Lawyers?
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.
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
*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