LICENSE & SPEEDING APPEALS (NSW)
In NSW, some decisions of the RMS around licensing and speeding can be appealed to the Local Court of NSW. Some other types of decisions made by the RMS cannot be appealed.
If you think you have lost all of your points (demerit) on your license, you should obtain your traffic record and confirm with the RMS. Once you have confirmed whether or not you have no demerit points and your license is to be suspended, you should seek advices from a Solicitor.
Decisions that can be appealed?
The following decisions of the RMS and NSW Police can be appealed in the Local Court:
- A decision by the RMS to suspend your license for exceeding the speed limit by 30 km or more than 45 kms an hour.
- A decision by the RMS to suspend a P1 or P2 (provisional) driver’s license for loss of demerit points.
- A decision by the Police to suspend your license (on the spot) for exceeding the speed limit by more than 45 kms.
Certain other decisions cannot be appealed, for example, to suspend an unrestricted drivers license for loss of demerit points (although there may be other options available). A decision by the RMS to suspend your interlock drivers license or if a drive on a good behaviour license breaches the good behaviour bond.
You only have 28 days after receiving the letter from the RMS notifying you of the suspension to lodge your appeal. Under law, you are assumed to have received the letter 4 working days after it is posted. If you do not lodge your application in time, the Court cannot hear your matter. Once your appeal is lodged, generally you are able to continue to drive until your appeal is heard.
What is considered?
In taking your license appeal (for example excessive speed suspension) to Court, the Court can do either:
- Allow your appeal (keep your license);
- Disallow your appeal (the decision of the RMS stands); or
- Reduce the suspension period (for example from 3 months to 4 weeks).
The Court will consider in making their decision:
- The circumstances of the offence;
- Your traffic record/and character;
- Your need for a license.
In order to be successful in your license appeal , you must show exceptional circumstances justifying a lifting or variation of the suspension. The court here will consider:
- The strength of the prosecution case (ie RMS/Police);
- Your need for a license;
- The danger to the community if an order is made; and
- Any other matter the Local Court considers relevant.
If you are in this position and you are unsure what to do next, please do not hesitate to contact Bale Boshev Lawyers on (02) 49 691 522.