Exceed speed over 45 KM/H
If you get caught speeding in excess of 45 kilometres per hour you will receive a fine of $2,384 and 6 demerit points. The police also have the power to issue you with an immediate licence suspension for a period of 6 months.
The Offence Of Exceed Speed Over 45 Km/H:
If you exceed the speed limit by more than 45km/h the police have the power to issue you with an immediate licence suspension for a period of 6 months.
Section 224 (1)(c)(i) 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:
(i) exceeding a speed limit prescribed under this Act by more than 45 kilometres per hour
Appealing Immediate Licence Suspension
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:
- 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.
- Subject to section 268 (6), the notice of appeal must be filed with the Local Court:
- no later than 28 days after the date on which the decision-maker notifies the person of the appealable decision, or
- within such other period as may be prescribed by the statutory rules (whether for the class of decision concerned or generally).
To be successful in this appeal, you must show the Court that you have exceptional circumstance 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.
Electing Exceed Speed By More Than 45km/H Infringement To Be Decided In Court:
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.
- If convicted, it will show on your criminal record; and
- Regulation 10-2 (3) of the Road Rules 2014 states that if convicted, you will automatically be disqualified for 6 months and the Magistrate has the discretion to increase the disqualification period to whatever length of time they deem fit.
Will I Get A Criminal Record For Speeding?
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.
What Does It Mean To Have A Criminal Conviction Recorded?
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.
Is It Possible To Avoid A Criminal Record For A Speeding Offence?
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.
The RMS (RTA) will usually suspend or cancel a person’s drivers licence if it becomes aware that they have a medical condition that could affect their driving. The person can appeal against this decision.
When Do I Have To Notify The RMS Of My Medical Condition?
You are legally required to notify the RMS as soon as practicable about any “permanent or long term injury or illness that may impair your ability to drive safely.”
Failure to notify the RMS would have significant consequences if you are involved in an accident as a result of the condition. A person who is aware that they are suffering from a medical condition that impacts their driving, but chooses to continue driving, would be held to a much higher level of criminal responsibility should anything go wrong.
What Tests Can The RMS Require Me To Undergo?
The RMS can require the holder of a drivers licence to undergo a medical examination to confirm their medical fitness to drive.
The RMS can specify the particular doctor that they want to complete the examination.
They can also require you to undertake a practical driving test and complete a knowledge test to demonstrate your ability to drive safely.
The RMS can cancel or suspend your licence if you fail or refuse to undergo a test.
All of the above assessments can be required at any time (not just when you apply for your licence).
How Does The RMS Determine Whether A Person Is Medically Fit?
The RMS is guided by the Assessing Fitness to Drive Guidelines published by Austroads.
A copy of the publication can be found here
The Assessing Fitness to Drive Guidelines set out the medical standards for maintaining a licence in relation to a variety of conditions. Some of the most common conditions are epilepsy, sleep disorders (e.g. sleep apnoea) and eyesight deterioration/blindness.
The Assessing Fitness to Drive Guidelines set out the medical standards for a person to hold an unconditional licence. If the person fails to meet that level, the Guidelines set out the medical standards that a person must meet to be issued with a conditional licence. If the person fails to meet the conditional licence standard, usually the RMS will take action to suspend or cancel their licence.
Suspension And Cancellation Of A Person’s Licence For Medical Reasons
The RMS can cancel or suspend a person’s drivers licence if it appears that it would be dangerous for the person to drive a vehicle because of illness or incapacity.
The RMS must notify the person of this decision. The suspension or cancellation can operate immediately from the giving of that notice (i.e. the RMS does not need to provide a “warning period”).
The RMS must tell the person the reasons for the suspension or cancellation, and what action the person can take to have the licence returned.
Can I Appeal Against The Cancellation Or Suspension Of My Licence For Medical Reasons?
You can appeal to the Local Court against the suspension or cancellation of your licence on medical grounds.
You Must Act Quickly
Your appeal must be lodged within 28 days of notification of the suspension or cancellation. The law assumes you received the letter 4 working days after it is posted (even if that is not the case in fact).
If you miss the lodgement date you will not be able to appeal the decision.
Can I Keep Driving While Awaiting The Outcome Of My Appeal?
Unfortunately, if you are suspended on medical grounds, you will not be able to drive while awaiting the appeal.
What Can The Local Court Do?
The Court can:
- Allow your appeal. This means that your licence is returned to you.
- Disallow the appeal. This means that the RMS decision stands.
- Vary the RMS decision, for example by giving you a conditional licence.
What Do I Need To Do?
After your appeal has been lodged it is necessary to obtain sufficient medical evidence to satisfy the Local Court Magistrate that you meet the medical standards and are safe to drive. This can involve meeting with and obtaining reports from medical specialists. A lawyer can help you to decide what reports will assist your case.
WHERE TO NEXT?
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.