“Life in the fast lane” is the title of one of the Eagles’ biggest hits from the 1970s. Unfortunately however, it is also a turn of phrase that can be used to describe the driving habits of many drivers.
If you have, to quote Meatloaf, been driving “like a bat out of hell” and had your licence suspended, in certain circumstances you are able to appeal a licence suspension made by either Transport for NSW (TfNSW) or the Police. Examples of appellable decisions include:
– TfNSW licence suspensions for exceeding the speed limit by more than 30 but less than 45 kilometres per hour;
– Police on the spot licence suspensions for exceeding the speed limit by more than 45 kilometres per hour; and
– TfNSW decisions to suspend P1 or P2 provisional drivers licence for loss of demerit points.
An appellant only has 28 days from receiving the suspension letter from TfNSW to lodge an appeal. The appeal form can be obtained from the Local Court registry or Local Court website. If you do not lodge your appeal within the 28 day time limit, you will be prohibited from appealing and will have to serve the suspension.
You must show the Court that circumstances exist that justify the lifting or varying of the suspension. Generally, appellants need to show:
– that they are of good character and thus a fit and proper person to hold a licence;
– that they require their licence for work and/or family purposes;
– that their driving behaviour does not expose the community to an excessive risk; and/or
– that there are other exceptional circumstances that are relevant to the appeal.
To help in this process it is advisable to compile a number of strong references that attest to your good character, including a reference from your employer explaining your need for a licence in your job. You will also need to complete the Traffic Offenders Intervention Program to demonstrate a willingness to improve future driving behaviour.
If you have a licence issue that you need help with please contact Everingham Solomons because Helping You is Our Business.
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