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Sydney NSW 2000
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Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
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Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000
Contact Armstrong Legal:
Sydney: (02) 9261 4555
In NSW, section 224 of the Road Transport Act 2013 gives NSW Police the power to issue an on-the-spot suspension of a driver's licence in certain circumstances. The effect of this is that you are suspended from driving from the moment your receiving the notice: either for a specified period of time or until the determination of the Court. This is commonly referred to as a 'Police Suspension'.
The circumstances in which Police can exercise this power are set out in an exhaustive list contained in section 224(1) of the Act. Police can issue an immediate notice of suspension to a person who:
Has been charged by Police with:-
Issued with a Penalty Notice by Police for:-
If Police wish to serve you with an immediate notice of suspension it must be done within 48 hours of the charge being laid or the penalty notice being issued for one of the above offences.
NSW Police have the power to suspend driving licence privileges where a licence has been issued by a road transport authority in another jurisdiction. This means an interstate or international driver cannot drive in NSW upon withdrawal of their privileges in NSW, but they can drive in another state until the reciprocation of the suspension catches up with them. This is different to the Immediate Notice of Suspension issued to the holder of a NSW licence. If you hold a NSW Driver’s Licence, on being issued an Immediate Notice of Suspension, your licence will be suspended and should be surrendered to NSW Police, you will not be permitted to drive in NSW or any other jurisdication.
If you have been issued with an Immediate Notice of Suspension, you have the right to lodge an appeal against that Notice.
This must be lodged in and heard in a Local Court of NSW.
Refer to our page on Police Suspension Appeals for information on the procedure and tests for this type of appeal.
In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.