“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.
As Willie Nelson famously put it, being on the road is a source of freedom and enjoyment for many people. More than this though, having a licence is crucial for people in rural and regional areas, given the tyranny of distance and lack of public transport alternatives.
Despite the importance of a drivers licence, many people lose it for significant periods of time due to poor behaviour on the roads. Previous legislation in this area meant that any driver who committed three relevant offences within a five year period could be declared a Habitual Traffic Offender (HTO). The effect of HTO declaration was that the Roads and Maritime Services would impose a further five-year licence disqualification on top of any disqualification imposed by the court.
Although the HTO scheme has been abolished since 2017, under the Road Transport Amendment (Driver Licence Disqualification) Act 2017 (NSW), there are many people who still have years, if not decades of licence disqualification to serve under the old scheme.
All is not lost however, as applications can be made to the Court to quash old HTO declarations under clause 65 of schedule 4 of the Road Transport Act 2013 (NSW).
Such an application will be successful only if:
• a certified copy of the person’s driving record is provided to the Court;
• the offender has served the minimum disqualification period (two or four years depending on the offence);
• the offender has not been convicted of any further serious driving offences; and
• the magistrate determines that “the disqualification imposed by the declaration is a disproportionate and unjust consequence having regard to the total driving record of the person in the special circumstances of the case”.
If you require assistance in relation to licence disqualification or other traffic matters, our team of experienced solicitors at Everingham Solomons can assist you because Helping You is Our Business.
I have recently joined Everingham Solomons working in the litigation team.
My professional qualifications include graduating with a Bachelor of Commerce, Bachelor of Laws and a Graduate Diploma in Education from the University of New England. I also hold a Graduate Diploma in Legal Practice through the College of Law. I have been admitted as a Solicitor to the Supreme Court of New South Wales and the High Court of Australia.
Previous to joining Everingham Solomons, I have worked in the finance and education sectors, as well as in other law firms.
Although I have only recently commenced working at Everingham Solomons, my connection to the firm is strong, having been the recipient of the inaugural Sir Adrian Solomons Memorial Law Bursary in 1998. In fact, my sister Laura, who is now also a solicitor, won the same bursary the following year – a “Daley Double” so to speak. Working at Everingham Solomons some twenty odd years after receiving the Bursary completes the circle. It is personally rewarding to work for Everingham Solomons given the support they provided me via the Law Bursary when I was a local high school and university student.
On a personal note, my interests include equestrian pursuits, particularly Australian Stock Horses and polocrosse as well as spending time with my family.
Tamworth is a great place to work and live. I am looking forward to providing excellent legal service as part of the Everingham Solomons team, because Helping You is our Business.
“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.