Licence Suspended? Steps to get it back sooner
The following is general information and not a substitute for legal advice. If you need advice on prospects of your Licence appeal and representation in Court for your traffic matter contact Eric Navea Legal. Early legal advice is important.
In NSW, certain traffic offences can result in Transport for NSW recording demerit points against your Driver’s licence. Too many points and Transport for NSW have the power to suspend or cancel your licence for a period of time. NSW Police also have broad power to suspend driver’s licences as well regardless of how many demerit points you have. Generally Police will immediately suspend a licence upon charging a person with a particular driving offence (eg Drink Driving).
The process of suspending a person’s driver’s licence is an administrative decision, thus the legislation has created a process of appeal and review to ensure that the power to suspend a driver’s licence is appropriately used. Through this process a person may be able to have the suspension set aside (no suspension) or have the period of suspension reduced. There is no guarantee of success, and appeal may also result in affirmation of the original decision to suspend the licence.
Who makes the decision to suspend your licence (ie: TfNSW vs NSW Police) and what licence you hold will govern the appeal procedure and the legal tests that are applied. This guide will only go through a decision by TfNSW to suspend a licence.
I’ve received a Letter saying my driver’s licence is about to be suspended? What should you do first?
TfNSW are required by law to give you notice of their decision to suspend or cancel your driver’s licence. This will come in the form of a letter in the mail (so its important that you keep you address updated). The letter will tell you information such as:
when the suspension will commence.
the period of time you licence will be suspended.
the last date when you can legally lodge you appeal to the Local Court.
The reasons for the decision to suspend your licence including a list of the offences and demerit points that relate to the decision.
whether you have a right to lodge an appeal with the Local Court.
We recommend that you consult a lawyer as soon as you get the notice letter to assist you with your options. You may not have to appeal rather you could apply for a good behaviour licence instead (which is generally the cause of unrestricted licence holders). They can lodge the appeal on your behalf once they are engaged.
If you decide to appeal the decision, you must lodge your appeal by the deadline specified in the notice letter. This is a strict deadline. If you are late the Local will not have jurisdiction to hear the appeal and be automatically dismissed. At the end of the lodging process you will recevie a Notice of Listing which provides you with the Court location and date.
I’ve got a date for the appeal what happens next?
Usually the Court date will be one that is after the suspension was suppose to commence. For an appeal against a decision by tfNSW to suspend a drivers licence with the Local Court you are allowed to continue driving until the matter is heard and finalised by the Local Court. For all other cases this will not be the same. An experienced traffic lawyer can assist you with you right to drive while the appeal is pending.
You and your lawyer must attend court on the court location and date on your Notice of Listing. Failing to appear in person will result in automatic dismissal of the appeal.
Avoid driving to Court on the day. In the worst case scenario, the Magistrate will affirm the decision to suspend you from driving. In that case, the suspension begins immediately. Be prepared to take public transport or alternative travel arrangements.
Once you have your Notice of listing you should start thinking about the evidence that you need to bring to court with you. This is were experience and expertise matters. Eric Navea Legal helps our clients to maximise their chance of success with professional representation and diligent preparation.
In Court, the magistrate is allowed to consider any circumstances that they see fit to decide the appeal. This includes but not limited to:
the need for a driver’s licence,
the impact of loss of licence upon 3rd parties, and
steps to rehabilitate.
These types of appeals do not consider the correctness of any offences that resulted in demerit points. However the circumstances behind those offences may be relevant to the appeal.
Once the Local Court has made its decision, that decision is final. Generally there are no other courts you can appeal to, unless there was some error of law by the Magistrate.
What Happens at the end of your Suspension?
If your licence was “suspended” you do not need to reapply for your licence at the end of the suspension period. If suspension was the result of demerit points, the points remain on your traffic record but become “inactive”. In effect you demerit point count returns to zero unless you have accumulated more points after receiving the notice of suspension.
Before you get back in the driver’s seat we recommend you check the status of your licence on the Services NSW app or visit a Service NSW centre to confirm.
If TfNSW have cancelled your licence or you have been disqualified from holding a licence you will need to re-apply for your licence at the end of the period of cancellation or disqualification. If NSW police confiscated your licence, you will need to re-apply as well. When you re-apply for your licence, and depending on the circumstances that resulted in the cancelation or disqualification you may have to complete education course of meet other conditions (eg medical examination) before the licence is issued to you.
As always if your unsure consult an lawyer with experience and expertise in these matters.
