201 Elizabeth Street
Sydney NSW 2000
99 William Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
Contact Armstrong Legal:
Sydney: (02) 9261 4555
If you get caught speeding in excess of 30 kilometres per hour you will receive a fine of $884 and 5 demerit points. However, what many people do not know is that the Roads and Maritime Services (RMS) hold a discretion to suspend your licence for a period of 3 months.
Depending on what type of licence you hold, the police also have the power to issue you with an immediate licence suspension for a period of 3 months.
If you are a provisional licence holder and exceed the speed limit by more than 30km/h the police have the power to issue you with an immediate licence suspension for a period of 3 months.
Section 224 (1)(c)(ii) of the Road Transport Act 2013 states:
(1) A police officer may give a driver a suspension notice (an "immediate licence suspension notice" ) in any of the following circumstances:
(c) if it appears to a police officer (whether or not the same police officer) that the driver has committed an offence against this Act or the statutory rules (other than a camera recorded offence within the meaning of Division 2 of Part 7.3) of:
(ii) exceeding a speed limit prescribed under this Act by more than 30 kilometres per hour but not more than 45 kilometres per hour, as the holder of applicable learner licence or applicable provisional licence for the class of vehicle being driven.
An immediate licence suspension is able to be appealed within 28 days of the date that the police suspended you.
Section 267 (1) and (2) of the Road Transport Act 2013 states:
(1) A person may appeal to the Local Court under this Part against an appealable decision made in relation to the person by another person (the "decision-maker") by filing a notice of appeal with the Court.
(2) Subject to section 268 (6), the notice of appeal must be filed with the Local Court:
To be successful in this appeal, you must show the Court that you have exceptional circumstance for why you need your licence.
Section 268 (5)(a) of the Road Transport Act 2013 states:
(5) In determining an appeal against a decision to give the appellant an immediate licence suspension notice, the Local Court:
(a) is not to vary or set aside the decision unless it is satisfied that there are exceptional circumstances justifying a lifting or variation of the suspension.
Exceptional circumstances are not met by only needing a licence for work, there will need to be additional compelling circumstances for the court to allow the appeal.
A further issue that provisional licence holders face, is that the 5 demerit points which apply once the fine is paid will in most circumstances, depending on whether you are a P1 or P2 licence holder, result in a demerit point suspension on the completion of the initial 3 month police disqualification. This suspension can also be appealed to the Local Court.
If you are a full licence holder and exceed the speed limit by more than 30km/h but is less than 45km/h the RMS hold a discretion to suspend your licence for 3 months. The RMS will notify you via a letter called a “Notice of Suspension”. Once this letter has been received, you have 28 days to appeal the decision of the RMS to the Local Court using the approved Local Court document. The 28 day period starts from the time that the RMS send the letter, this date is shown on the top left of the letter.
Section 267 (1) and (2) of the Road Transport Act 2013 states:
The Local Court, in determining whether they should allow or vary the appeal, take into account what seems just to the Court in the circumstances. Predominantly, the Court takes into consideration your traffic record and your need for a licence.
If you do not want to pay the fine or accept the demerit points you can elect for the infringement notice to be dealt with in the Local Court. Before you decide to follow this path, there are factors that need to be considered.
Yes. If any infringement notice is elected to be dealt with by the Local Court and the court convicts you of the offence then there can be the recording of a criminal conviction.
The consequences of having a criminal conviction recorded can be very serious. For example, many employers will conduct a background check on potential employees as part of the standard recruitment process including a police check. A police check would reveal if you have a criminal conviction recorded against your name, and the charge for which it was recorded. This may impact the employer's decision in whether or not to employ you.
In certain professions a criminal conviction may need to be reported to a regulatory body. For example, a member of the legal profession must report any criminal convictions to the relevant law society who will then make a determination as to whether that legal practitioner should be allowed to continue to practice law.
A criminal conviction may also inhibit future overseas travel. Most countries require visitors to obtain a visa prior to entering the country. As part of the visa process, you will more than likely need to disclose any criminal convictions. Depending on the policy of the particular country for which the visa is being sought, your visa may or may not be granted based on the person's criminal record.
It can be possible if you receive either a s10 (1)(a) of the Crimes (Sentencing Procedure) Act 1999 or s10 (1)(b) of the Crimes (Sentencing Procedure) Act 1999 from the Local Court, which means that the court has found you guilty of the offence but will not be proceeding to a conviction. If you receive a s10 (1)(a) the relevant charges will be dismissed, if you receive a s10 (1)(b) the Local Court makes an order discharging you on the condition that you enter into a good behaviour bond. Further, this means you will not have to pay a fine nor will any demerit points apply.
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.