Licence Appeals
The Following Decisions of the RTA and Police CAN be Appealed to the Local Court:
1. A decision by the RTA to suspend your licence for exceeding the speed limit by more than 30 or more than 45 kilometres an hour.
2. A decision by the RTA to suspend a provisional drivers licence for loss of demerit points
3. A decision by the police to suspend your licence (on the spot) for exceeding the speed limit by more than 45 kilometres an hour.
The Following Decisions Can NOT be Appealed:
1. A decision by the RTA to suspend an unrestricted drivers licence for loss of demerit points
2. A decision by the RTA to suspend your interlock drivers licence
Licence Appeals - Excessive Speed Suspension Appeals
A person who's licence is suspended by the RTA because they exceeded the speed limit by either 30 or 45 kilometres an hour can appeal to the Local Court. The decision of the court is final and binding on you and the RTA.
The court can either:
1. Allow your appeal (this means that you keep your licence)
2. Disallow your appeal (this means that you will be suspended for the time set by the RTA)
3. Reduce the suspension period
Licence Appeals - What You Have to Prove
There is no real test that the court applies when deciding the appeal. However, the court does not permit review of your guilt or innocence of the offence or the imposition of the fine. Generally the court will make a decision based on 3 main areas:
The circumstances of the offence
Your traffic record / Character
Your need for a licence
Lodging Your Licence Appeal
You only have 28 days after receiving the letter from the RTA notifying you of the suspension to lodge your appeal. If you do not receive this letter than you may apply 28 days after finding out that you are suspended. Any Local Court will assist you in completing the appeal documents. If you would like assistance completing the documents please do not hesitate contacting us on 9261 4555.
Once you lodge an appeal you are able to continue to drive until your appeal is heard.
To read more information about speeding appeals click the following link: Speeding appeals
Provisional Licence Excessive Demerit Point Suspension Appeal
Where a provisional licence holder exceeds more than 4 demerit points the RTA may suspend their licence. Where a provisional P2 licence holder exceeds 7 demerit points the RTA may suspend their licence. The RTA‘s decision to suspend in each case can be appealed to the Local Court.
The decision of the court is final and binding on you and the RTA.
The court can either:
1. Allow your appeal (this means that you keep your licence)
2. Disallow your appeal (this means that you will be suspended for the time set by the RTA
3. Reduce the suspension period
Provisional Licence Appeals - What You Have to Prove
There is no real test that the court applies when deciding the appeal. However, the court does not permit review of your guilt or innocence of the offence or the imposition of the fine. Generally the court will make a decision based on 3 main areas:
The circumstances of the offence
Your traffic record / Character
Your need for a licence
Provisional Licence Appeals - Lodging Your Appeal
You only have 28 days after receiving the letter from the RTA notifying you of the suspension to lodge your appeal. If you do not receive this letter than you may apply 28 days after finding out that you are suspended. Any Local Court will assist you in completing the appeal documents. If you would like assistance completing the documents please do not hesitate contacting us on 9261 4555.
Once you lodge an appeal you are able to continue to drive until your appeal is heard.
Licence Appeals Concerning Police Officer Suspension Notice
A police officer has the power to issue you with a suspension notice if you have been served with a penalty notice or been charged with the offence of exceeding the speed limit by more than 45 kilometres per hour. The suspension notice remains in force suspending your licence for 6 months.
You can lodge an appeal against the police officers decision to issue the suspension notice at the Local Court. The court can either:
1. Allow your appeal (this means that you keep your licence)
2. Disallow your appeal (this means that you will be suspended for the time set by the RTA
3. Make an order as to the court seems justWhat you have to prove
To be successful in your licence appeal you must show exceptional circumstances justifying a lifting or variation of the suspension. When determining whether exceptional circumstances exist the court is to take into account the following:
1. The strength of the prosecution evidence
2. Your need for a licence
3. The potential danger to the community if an order is made
4. Any other matter the Local Court considers to be relevant.
You only have 28 days from the date of issue of the suspension notice to lodge your appeal.
Habitual Traffic Offender Declaration Appeals
An application can be made to have the habitual traffic offender declaration quashed (set aside) or the disqualification period reduced.
If the Court reduces the period of disqualification, you can not reduce it shorter than 2 years.
How Do I Apply to Have the Declaration Quashed (set aside) on a Licence Appeal?
An application can be made to the Court that convicts the person of the relevant offence.
A copy of the relevant application form can be obtained from any Local Court or by contacting Lionel Rattenbury on 92614555 or via email lrattenbury@armstronglegal.com.au.
Licence Appeal - What do I have to demonstrate to the Court to be successful in my application?
You have to establish that the disqualification imposed by the declaration is a disproportionate and unjust consequence having regard to your total driving record and the special circumstances of the case.
If you would like to discuss your chances of having a declaration set aside please do not hesitate to contact Lionel Rattenbury on 9261 4555.
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