In NSW both the NSW police and TFNSW (Transport for NSW) can suspend a person’s Drivers Licence.

 

Today 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 against the decision of TFNSW?

The Appeal against a TFNSW 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?

 

The court considers a variety of factors some of them (to name a few) include the following factors:

 

1.     Community safety & the potential risk which can be posed to the community. (This is the most important consideration)

2.     Whether the Applicant has sat and completed a Traffic Offenders Program

3.     Traffic Record of the Applicant & General Character of the Applicant

4.     Circumstances in which the offence(s) were committed by the Applicant

5.     The Applicant’s need for a Driver licence

6.     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 18th November 2024.

 

*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 relationship.

 

 

 

 

 

 

 

 

 

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