You can receive a suspension of your licence if:
- You exceed your demerit points;
- You are caught speeding 30 km plus over the speed limit; or
- The police suspend your licence on the spot due to excessive speed.
A situation our clients commonly find themselves in is: you are faced with a loss of licence, you need your licence, you can’t afford to lose it for 3 months…So what do you do?
- If you are on your full licence (unrestricted licence) and you accumulated more than 13 demerit points?
- Luckily, you have a second chance, when you receive your Notice of Suspension you can elect to go on a good behaviour licence.
- This means you get to keep your licence on the basis that you did not commit any infringements which carry 2 or more demerit points.
- If you do commit that infringement you will lose your licence for double the time (usually 6 months).
- If you have breached your good behaviour licence, it is important to not pay the fine until you receive legal advice as there is still one last chance.
- If you are on your provisional licence and are caught speeding or accumulate all of your demerit points? OR
- If you are on your full licence and are caught speeding over 30 kilometres per hour?
- You will receive a notice of suspension and are not eligible for a good behaviour licence.
- You can either complete the suspension, or if you have a significant need for your licence you can appeal your suspension to the Local Court.
- This is called a Licence Appeal. This involves appealing the RMS decision to suspend your licence, it doesn’t question whether you have committed the infringement or not.
- In a Licence Appeal you have three potential outcomes: the suspension is quashed completely, the suspension is varied in length or .
- When the court considers your appeal it considers your overall traffic record, your circumstances surrounding the infringement and your need for a licence.
- It is important that before you lodge the licence appeal that you consider these issues, and contact a lawyer for their advice.
If the police suspend your licence on the spot due to excessive speed?
- You can take the matter to court, however, it is a much more difficult test.
- It must be demonstrated that there are “exceptional circumstances” before the suspension will be varied or lifted by a court.