The Law

The RTA may suspend a person’s licence for a number of reasons, including:

• through accumulation of demerit points over a 3 year period
• a speeding offence incurred for a provisional licensed driver
• exceeding the speed limit in excess of 30 km/h

However, when a driver loses their licence, they may lodge an appeal with the court to either quash the suspension or reduce the period of suspension for certain offences.

Where a driver loses their licence as a result of driving at a speed greater than 30km/h, they can appeal to the court who can remove the suspension or reduce it to a lesser period. In deciding whether to either quash or reduce the suspension, the court will take into account factors such as the character of the defendant (including their previous traffic record), the circumstances which surrounded the offence and their need for a licence. Medical reasons or the prospect of a defendant losing their job as a result of losing their licence due to a need to have access to a car can be taken into account by the court in determining the appeal. Mitigating factors such as the willingness of the defendant to attend at a traffic offender’s program may also lead to a greater possibility of a successful appeal.

While the suspension of a licence for a full-licensed driver as a result of the accumulation of too many demerit points cannot be appealed, there is the possibility of applying for a “good behaviour licence”. However, where an offence of two or greater demerit points is incurred, this will result in a period of suspension of the original suspension period being doubled or 6 months, whichever is the lesser. If an offence occurs while on a good behaviour licence there is no ability to conduct a licence appeal so the prospect of undertaking a licence appeal should be explored before a good behaviour licence is taken up.

For further information call one of our experienced Criminal Law solicitors for some free initial telephone advice on (02) 9525 8688