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
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