LICENCE APPEALS: What to do when you get a notice of suspension?

Posted by janelle.tarabay on 06 April 2017

You can receive a suspension of your licence if:

  1. You exceed your demerit points;
  2. You are caught speeding 30 km plus over the speed limit; or
  3. 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?

  1. 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. 
  1. If you are on your provisional licence and are caught speeding or accumulate all of your demerit points? OR
  2. 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.
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