As we have previously discussed in
other articles, in the state of NSW not only can the NSW police suspend a
driver from Driving, but Transport for NSW can also suspend a driver. In this
article we will be talking about the appeal process against the decision of
Transport for NSW to suspend a driver’s licence.
Is there a Time Limit to Lodge the
Appeal?
The Appeal against a Transport NSW
Licence Suspension should be lodged within 28 days of receiving the notice. If
the application is not lodged within 28 days, then the court will not be able
to hear the appeal and the suspension period will be served. Once an appeal of
this type has been lodged, the suspension period is stayed (placed on hold)
until the appeal is decided before the Local Court Magistrate.
Which Suspensions imposed by
Transport for NSW CAN be Appealed to the Local Court?
Any of the following Transport for
NSW Licence suspensions can be appealed to the Local Court:
1.
Appealing a
decision of Transport NSW to suspend a driver licence
for exceeding the speed limit by more than 30km/h
2.
Appealing a
decision of Transport NSW to suspend a driver’s licence
for exceeding the speed limit by more than 45km/h
3.
Appealing a
decision of Transport NSW to Suspend or Cancel a Learner
Driver or Provisional Driver’s Licence for exceeding
the demerit points limit
4.
Appealing a
decision of Transport NSW to suspend a driver for a Drink Driving
related offence for example, Novice, Special, Low range category
first offences.
5.
Appealing a
decision of Transport NSW to suspend a driver’s license in relation to a
(first offence) Drug Driving Offence.
Which Suspensions imposed by
Transport NSW which CANNOT be Appealed to the Local Court?
Any of the following Transport for
NSW Licence suspensions CANNOT be appealed to the Local Court:
·
You CANNOT
appeal the decision of Transport NSW to suspend an unrestricted driver’s licence for exceeding the demerit points threshold
but it should be noted that a person can elect to go on a good behaviour licence. (It should also be noted however that a person can
(alternatively) have the infringement notice dealt with in court by either
pleading guilty and seeking court leniency & asking that a conviction not
be recorded OR alternatively by contesting the infringement notice and pleading
not guilty however it is highly advised that a person seek legal advice prior
to doing so.
·
You CANNOT
appeal a decision of Transport NSW to impose a suspension for breaching a good behaviour licence. (It should also be noted however that a person can
(alternatively) have the infringement notice dealt with in court by either
pleading guilty and seeking court leniency & asking that a conviction not
be recorded OR alternatively by contesting the infringement notice and pleading
not guilty however it is highly advised that a person seek legal advice prior
to doing so).
How Does
the Court Determine an Appeal against the decision of Transport NSW to suspend
a driver’s licence?
Generally speaking, the court takes in a variety of factors as the appeal decision is
based on the following factors:
1.
Community
safety & the potential risk which can be posed to the community. (This is
the most important consideration)
2.
Traffic
Record of the Applicant & General Character of the Applicant
3.
Circumstances
in which the offence(s) were committed by the Applicant
4.
The
Applicant’s need for a licence
5.
Any other
factors which the Court sees fit.
It should be noted that the above
considerations are the main considerations which the court assesses in
determining such appeal as there is no actual test which the Court applies when
deciding appeals against the decision of Transport for NSW to suspends a
person’s driver’s licence.
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 27th 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
as a substitute for legal advice or even other professional advice. It should
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relationship.