Traffic law in NSW is a complex area of law as it is an area of law which is governed by a variety of legislation, and they include the following legislation (to name a few):
· The Road Transport Act 2013
· Road Transport (Vehicle Registration) Regulation 2017
· Road Transport (General) Regulation 2013
· Road Rules 2014
· Fines Act 1986
To better understand Traffic Law in NSW, it is critical that you understand the nature of your case, so for example, is it a fine which entails demerit points? or is it an appeal against the decision of Transport for NSW? Is the matter a Police suspension? Or has the matter been initiated by way of a Court Attendance Notice by the Police?
There are different types of ways in which a Traffic case comes before the Courts and as such type of traffic matter dictates how the court process is initiated.
HOW ARE TRAFFIC OFFENCES INITIATED IN NSW?
1. Court Election of a Traffic Infringement/ Infringement Notice:
A person who receives a ‘fine’ with respect to an infringement notice (and in most instances a traffic infringement notice) can elect Online to have the case determined at court. Once the person completes the Online process, they will be served (or in other words they will ‘receive’) a Court Attendance Notice from the Court. It is highly recommended that you seek legal advice prior to electing to take a matter to court.
2. Court Attendance Notice (CAN).
Once a person is charged by the Police (for example for Drink Driving or Driving with illicit substance in blood etc) the person will receive a CAN for the offence and the CAN will specify the Court location as well as a Court a date which the person must attend in the future. It should be noted that a person does not have to be ‘arrested’ to receive a CAN as the police can issue the person with a Future ‘CAN’ which will require a person to attend Court. It is highly recommended that you seek legal advice prior to going to Court.
An appeal can occur by way of lodging an Appeal against the decision of Transport NSW to suspend a Driver’s licence, a person can also appeal a decision of the Local Court for example by way of an Application to Remove a Driver Licence Disqualification and once an appeal is lodged at the Court Registry (Or online depending on the type of Appeal) then the person will be provided with a Court Date.
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.
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