Speeding offences – when you can appeal and what you need to do for your appeal?

It is important to note that if your licence is suspended you only have 28 days to lodge an appeal. If your licence is suspended by police, you have 28 days from the date your licence is suspended. If you receive a notice of suspension form the Roads and Maritime Services (RMS) you have 28 days from the date you receive the notice of suspension.

So, what can you appeal?

Depending on whether you hold a P1 or P2 provisional driver’s licence or an unrestricted licence there are differences in relation to the types of suspensions you can appeal.

Unrestricted licence holders CAN appeal:

  1. An on the spot decision by police to suspend your licence for exceeding the speed limit by more than 45km/h; and
  2. A decision by the RMS to suspend your licence for exceeding the speed limit either by more than 30km/h or more than 45km/h.

Unrestricted licence holders CANNOT appeal:

  1. A decision by the RMS to suspend an unrestricted driver’s licence for an accumulation of demerit points.

P1 or P2 provisional licence holders CAN appeal:

  1. A decision by the RMS to suspend your P1 or P2 provisional driver’s licence for an accumulation of demerit points (4 points for P1; 7 points for P2);
  2. An on the spot decision by police to suspend your licence for exceeding the speed limit by more than 30km/h and more than 45km/h; and
  3. A decision by the RMS to suspend your licence for exceeding the speed limit by more than 30km/h and more than 45km/h.

Whilst unrestricted licence holders cannot appeal a licence suspension for an accumulation of demerit points, they can apply for a ‘good behaviour’ licence. A good behaviour licence means that you will have 2 demerit points remaining on your licence for a period of 1 year. If you accrue these demerit points during this time, your licence will be suspended for twice the original period of suspension.

P1 and P2 provisional licence holders CANNOT apply for a good behaviour licence.

What happens when you appeal to the court?

You MUST ensure that you have lodged an appeal less than 28 days after you received your licence suspension, or the court will not hear your appeal.

When the court hears your appeal there are 3 potential outcomes:

  1. Allow the appeal;
  2. Dismiss the appeal; and
  3. Dismiss the appeal but vary the suspension period.

Allowing the appeal – if the court allows your appeal, it means that your licence is no longer suspended and you can continue driving.

Dismissing the appeal – if the court dismisses the appeal, it means that your licence will continue to be suspended for the remainder of the suspension period issued by either the police or the RMS.

Dismissing the appeal, but varying the suspension period – if the court dismissed the appeal, but varies the suspension period, it means that your licence will continue to be suspended, but for a period of time indicated by the court.

 

For more information on appealing a licence suspension, contact the team at Conditsis on (02) 4324 5688.

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