Traffic law is a complex area of law and it is critical that you seek advice from lawyers who
have a wealth of experience in this area of law. In this article, we will be
talking about ‘Police Licence Suspensions’ in the state of NSW.
Section 266 of the Road Transport Act allows the police to
issue an immediate (on the spot) Licence Suspension Notice. This ‘on the spot’
police licence suspension notice can be appealed at the Local Court in NSW!
Section 224 of the Road Transport Act empowers the police to
issue an immediate licence suspension if any of the (below) factors apply
within 48 hours of the driver being stopped by the police.
It should be noted that the driver
must not drive for the entire time which is fixed in the notice of suspension
unless that Suspension Notice has been set aside by the Court following a successful
Appeal to the Local Court due to the Court’s finding of ‘Exceptional
Circumstances.’ (We will delve into this below).
Section 224 When immediate licence suspension notice may be issued by police officer
(1)
A police officer may give a driver a suspension notice (an
"immediate licence suspension notice" ) in any of the following
circumstances—
(a)
if the driver is charged by a police officer (whether or not the same police
officer) with an offence involving the death of, or grievous
bodily harm to,
another person caused by the use of a motor
vehicle, being an offence that
comprises–
(i) the crime of murder or manslaughter, or
(ii)
an offence against section
33, 35(2), 52A or 54 of the Crimes
Act 1900 ,
(a1)
if it appears to a police officer (whether or not the same police officer) that
the driver has committed an offence against section
110(1), (2) or (3),
(b)
if the driver is charged by the police officer or another police officer with an
offence against section
110(4) or
(5), 112(1), 115 or 116(2) or clause 16(1)(b), 17(1)(a1) or (2) or 18(1)(a), (b) or (e) of Schedule 3,
(c)
if it appears to a police officer (whether or not the same police officer) that
the driver has committed an offence against this Act or the
statutory rules (other
than a camera
recorded offence within
the meaning of Division 2 of Part 7.3) of–
(i) exceeding a speed limit prescribed under this Act by
more than 45 kilometres per hour, or
(ii)
exceeding a speed limit prescribed under this Act by more than 30 kilometres
per hour but not more than 45 kilometres per hour, as the holder of an applicable
learner licence or applicable
provisional licence for
the class of vehicle being driven or as the holder of a foreign
driver licence,
(d)
if it appears to a police officer (whether or not the same police officer) that
the driver has committed an offence against the
statutory rules of
being the holder of an applicable
learner licence driving
unaccompanied by a supervising driver.
For more information, please visit: http://www5.austlii.edu.au/au/legis/nsw/consol_act/rta2013187/s224.html
How Does the Court Determine An Appeal Of A Police Licence Suspension?
When a person lodges an appeal to set
aside a police suspension the court cannot set aside the police licence
suspension unless there are ‘Exceptional Circumstances.’
What are ‘Exceptional Circumstances?’
‘Exceptional Circumstances’
can be a combination of factors or alternatively they can be a single
factor. So this
means that when the court is determining whether (or not) ‘exceptional
circumstances’ exist the court takes into account the following factors:
·
The danger
(or potential danger) to the community if an order is made
·
The need
for a licence; and
·
Any other
matter the court may consider as relevant.
It should be noted that there is a
time limit of 28 days from the date of the issue of the police suspension. This means that if a person does not lodge
the appeal in time within the 28-day window then the court will not be able to
hear the appeal.
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 19th October 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
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