If your driver licence is suspended in New South Wales, then you may be able to appeal to the Local Court of New South Wales to have the suspension period reduced or even overturned.
The following licence suspensions can be appealed:
- A decision by the Roads & Maritime Service (RMS) to suspend your licence for exceeding the speed limit by more than 30 km/hour and less than 45 km/hour;
- A decision by the RMS to suspend a provisional driver’s licence for loss of demerit points; and
- A decision by the Police to suspend your driver licence for exceeding the speed limit by more than 45 km/hour.
Most importantly, you must lodge your appeal within twenty eight (28) days of being served with the notice of suspension.
On hearing the appeal, the Local Court, essentially, can do one of three things:
- Dismiss the appeal;
- Set aside the suspension; or
- Vary the suspension.
The Roads Transport Act is the relevant legislation and section 268(5)(a) provides that the Court is not to vary or set aside the decision to suspend your licence unless it is satisfied that there are exceptional circumstances justifying lifting or variation of the suspension.
In our experience at the Local Court in Albury, the most relevant consideration is whether you are a fit and proper person to hold a licence. Your need for a licence may also be a relevant consideration.
If you have any questions regarding licence suspension appeals, you should contact the experienced lawyers and solicitors at Burt & Hanke Legal servicing Albury, Wodonga and surrounding areas.