At Nicopoulos Sabbagh Lawyers, throughout the years, we have dealt with minor to some of the most serious Traffic Offences in Sydney. Our Team of Sydney Traffic Lawyers practice in all areas of Traffic Law in NSW. Our team of Sydney Traffic Lawyers is available to always answer all your questions. For today’s topic, we will be discussing Police Suspensions for Exceed the Speed Limit.
In NSW, an immediate licence suspension by police for exceeding the speed limit by more than 45 km/h is governed by the Road Transport Act 2013 (NSW) and related regulations. Here are the key legal provisions you should be aware of:
Section 224 – Police Power to Issue Immediate Suspension Notice
- This section empowers a police officer to issue an immediate suspension notice if it appears to them that a driver has committed an offence of exceeding the speed limit by more than 45 km/h.
- The suspension takes effect immediately upon service of the notice and remains in force until either a fixed period (typically 6 months for this offence) expires or the court deals with the matter (e.g., through an appeal or the underlying offence hearing).
- The notice must be issued within 48 hours of the driver being stopped.
Section 266 – Right to Appeal Police Suspension
- This section confirms that the decision to issue an immediate suspension notice is an “appealable decision” under the Act.
- The appeal must be lodged with the Local Court within 28 days from the date the suspension notice was served (noting your client has already done this).
Section 268 – Local Court’s Powers and Restrictions on Appeal
- Section 268(1): The Local Court can hear an appeal against a police-issued suspension notice.
- Section 268(4A): The court may only set aside or vary the suspension if it is satisfied that “exceptional circumstances” exist to justify lifting or varying it.
Section 268(5)(b): The court is explicitly prohibited from considering the circumstances of the offence (e.g., the alleged speeding event itself) when determining whether exceptional circumstances exist.
- Outcomes: The court can:
- Allow the appeal (lift the suspension entirely).
- Vary the suspension (e.g., reduce the period).
- Dismiss the appeal (uphold the suspension as is).
- The court’s decision is final and binding, with no further appeal rights to a higher court.
Road Transport (General) Regulation 2021 (NSW)
- This regulation supports the Act by outlining procedural aspects, such as the form and service of suspension notices.
- It doesn’t directly alter the “exceptional circumstances” test but ensures the suspension process is administratively sound, which could be relevant if there’s a procedural defect (though this is rare).
Section 135 of the Road Transport (General) Regulation 2013 (NSW) (if applicable)
- If the person is also seeking a ‘stay’ of the suspension pending the appeal or the offence hearing, this section applies. The court must again find “exceptional circumstances” to grant a stay, considering factors like:
- The strength of the prosecution case for the offence.
- The applicant’s need for a licence.
- Public safety risks.
- NOTE: Filing an appeal does not automatically stay the suspension; it remains in force unless the court orders otherwise. This means that a person must NOT drive even after the appeal is filed as it will remain in force unless the Local Court makes orders otherwise.
Road Transport Act 2013 – Section 59 (TfNSW Suspension)
- If the person’s suspension is police-issued, if they pay the fine or are convicted later, Transport for NSW (TfNSW) may impose a separate suspension for the same offence. This is distinct from the police suspension and has different appeal considerations (not requiring “exceptional circumstances”). It is critical that you obtain legal advice regarding this.
Crimes (Sentencing Procedure) Act 1999 (NSW) (if relevant)
- If the person elects to contest the speeding offence in court (separately from the Police Suspension Appeal), a non-conviction outcome (e.g., Section 10 dismissal) could avoid further TfNSW suspension or demerit points. This doesn’t directly affect the police suspension appeal but is a strategic consideration.
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*This article correctly reflects the Laws of NSW as at 14th March 2025.
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