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    RMS Suspension Appeals

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      RMS Licence Suspension Appeals

      Appealing a licence suspension issued by the RMS can be a complex task given the various types of appeals and tests that need to be satisfied. There are also different types of documents to be prepared and arguments that need to be made depending on the type of appeal. 

      The Roads and Maritime Services (RMS) is the driver licencing authority in New South Wales. They issue and suspend licences, and keep records relating to infringements and demerit points. The RMS can issue a notice of suspension for a number of reasons. If you’ve received a licence suspension notice it is important to check that you can appeal. It is also important to act quickly as there are limited time frames to lodge an appeal.

      You can also see a selection of our recent results for licence appeals at the bottom of this page. 

      Astor Legal can help you get back on the road sooner. We are traffic law experts and regularly appear in licence suspension appeals in courts all over New South Wales. The decision of the court in these appeals is final and cannot be appealed any further. Make sure you give yourself the best chance of success and contact us today. 

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        Which licence suspensions can be appealed?

        Learner, Provisional P1 or P2 drivers

        • RMS licence suspensions for exceeding the demerit point limit
        • RMS licence suspensions for speeding 30km/h or 45km/h over the limit (camera detected only)
        • If you have been issued a suspension notice by the police you need to follow the process for immediate police suspensions.

        Unrestricted drivers

        • RMS licence suspensions for speeding 30km/h over the limit
        • RMS licence suspensions for speeding 45km/h over the limit (camera detected only)
        • If you receive a notice of suspension for exceeding the demerit point limit or breaching a good behaviour licence you cannot lodge an appeal. See our FAQ below for further information. If you have been issued a suspension notice by the police you need to follow the process for immediate police suspensions.

        What is the time limit for a licence appeal?

        Suspension notices issued by the RMS are subject to a very strict timeframe of 28 days. The 28 day period begins when the notice of suspension is posted to you at the most recent address record on the RMS records. This date can be found on the top left corner of your suspension notice.

        If you attempt to file an appeal outside of the 28-day timeframe, it will most likely be rejected. If you are able to file the appeal, the court may determine that it has no jurisdiction for the court to hear the matter and dismiss your appeal.

         

        How to file a licence suspension appeal

        The licence appeal process can be a difficult one if you are unprepared. It can be broken down into the following steps:

        1. Receive an infringement notice for an excessive speed and/or an infringement which will result in you exceeding your demerit point threshold
        2. Pay the infringement in full or enter into a payment plan. Or if you elected to have the matter heard by a court and were convicted. It is at this time the RMS will send you a notice of suspension.
        3. Receive notice of suspension from RMS indicating that the RMS have made a decision to suspend your drivers licence
        4. Draft and lodge an appeal against the decision of RMS to suspend your licence within 28 days. A court location and date will be allocated.
        5. Attend court and proceed with the licence appeal hearing. After your case is heard the Magistrate will deliver their decision immediately.

        There is no avenue of appeal if you are unhappy with the court’s decision. Retaining a lawyer to assist you with your appeal will help to give you your best chance, in all of the circumstances.

         

        Grounds for appealing licence suspension?

        The grounds for appealing a licence suspension include:

        • your need for a licence
        • your traffic record
        • the circumstances of the offence
        • whether you will lose your employment
        • any medical issues you have
        • whether you are a fit and proper person to hold a drivers licence
        • whether you have completed the traffic offender program

        Licence suspension appeals are heard at the closest Local Court to the address on your drivers licence. It is imperative to be prepared before the court hears your appeal. Being unprepared may result in the court dealing with the matter unfavourably and dismissing your appeal.

        When you appeal the decision of the RMS to suspend your drivers licence, the court considers many things including whether or not you are a fit and proper person to hold a drivers licence, your traffic record and whether you have a need for a licence. The court can also consider the circumstances of the offences which have caused the suspension however they cannot redetermine your guilt or innocence.

        This list is not exhaustive, and you should always seek legal advice if you are unsure.

         

        Possible outcomes of an RMS licence suspension appeal

        The Local Court has ability to exercise the same powers that the RMS had when they made the decision to suspend you. The 3 main outcomes of a licence appeal are:

        That the appeal is allowed:

        This means that you do not spend any time off the road, at all. If you are a provisional licence holder or learner appealing a demerit point suspension, the demerit points remain on your record, and they have the ability to count towards future suspensions.

        The appeal is dismissed and varied:

        This means that the court has seen fit to impose some period of suspension. The court can vary the period of suspension as much or as little as it deems appropriate.

        If you are a provisional licence holder or learner appealing a demerit point suspension, the relevant demerit points are reset after the period of suspension imposed and will no longer they have the ability to count towards future suspensions.

        The appeal is dismissed:

        This means that the court has not seen fit to show leniency to you. You will be required to serve the period of suspension indicated on your notice of suspension (usually either 3 or 6 months). The suspension period will commence immediately, unless the court specifically orders otherwise.

        The RMS and court will not send you another notification warning you that your licence is suspended. If you are caught driving after being suspended, you will not be able to defend the matter on the basis that the RMS did not send you another letter notifying you of the suspension period.

        Remember, there is no avenue of appeal if you are unhappy with the courts decision. Retaining a lawyer to assist you with your appeal will help to give you your best chance, in all of the circumstances.

        Driver knowledge tests

        If you have had two or more suspensions in the last 5 years, regardless of the length of that suspension, the RMS may require you to sit the Driver Knowledge Test before you are able to recommence driving.

        Warning of this will usually come on your second (or subsequent) suspension notice, as is relevant, during the 5 year period.

        You will not be reminded after court, and if you are caught driving without having done the Driver Knowledge Test you won’t be able to defend the matter successfully on the basis that you didn’t know you had to do it.

        Extension of provisional periods

        At a minimum, everyone must hold a P2 licence for 24 months. Every suspension period you receive (either from the RMS or Police) will add an extra 6 months to that 24 month period.

        This means, if your licence is suspended twice whilst you hold your P2 licence, you will be required to hold that P2 licence for 36 months before you can progress to your unrestricted licence.

        Similarly, any time your P1 or P2 licence is suspended, the period of suspension is not counted towards the total minimum time required for that class of licence.

        This means, that if you are a P1 licence holder is suspended for 6 months, that 6 month period does not count towards the 12 month total minimum period that you have to hold that licence.

         

        Why choose Astor Legal

        Astor Legal are experts in traffic and criminal law. All of our lawyers are experienced in RMS licence suspension appeals. Our lawyers will take the stress out of an unfamiliar and complex process. We will work with you to prepare your matter and then represent you at court. We ensure that every relevant matter is brought to the attention of the court to maximise the likelihood of a successful appeal. Take advantage of our obligation free case assessment and find out how we can get the best outcome for your matter.

         

        Frequently Asked Questions

        Successful licence suspension appeals

        • Licence Appeal Allowed Despite Over 50 Prior Offences

          Astor Legal were successful in another licence appeal at Downing Centre Local Court.

          We appeared for a client who was facing a 3 month suspension for speeding over 30km/hr. Our client had an unenviable traffic record with over 50 previous offences listed.

          Despite this, we were able to persuade the Magistrate that he had a strong need for a licence based on his employment as a truck driver and had made some significant changes in his life including starting a family and remaining offence-free for a number of years. We argued that these factors could outweigh our client’s record and allow the court to extend him some leniency.

          The result?

          Our client faces no suspension at all and can continue to drive.

        • No Convictions for Breach of Good Behaviour (x4)

          Astor Legal recently appeared at Wollongong District Court on behalf of a client who had breached a good behaviour licence with four speeding offences.

          Our client was a single mother and primary carer of two young children. She also worked full-time as a HR professional.

          Her traffic record was not good. She had accumulated a number of traffic offences, particularly in the last 2 years. This resulted in her facing a demerit point suspension.

          Rather than appeal the suspension at that point, she elected to go on a good behaviour licence.

          Regrettably, whilst on her good behaviour licence, she incurred four speeding infringements. Each of these would have been a breach of the good behaviour licence had she paid them. This would have led to her facing a 6-month suspension (ie. Double the original suspension).

          Her only option was to appeal all four fines to Court and persuade a Magistrate not to record a conviction for all matters.

          In the Local Court she was dealt with pursuant to Section 10A of the Crimes (Sentencing Procedure Act) 1999. This meant that the fines were waived but she still incurred the demerit points.

          Following this an appeal was lodged to Wollongong District Court.

          We undertook significant preparation for the appeal by providing her with our character reference and apology letter guide.

          She was able to use this to prepare references and an apology letter clearly setting out her need for a drivers licence as she had sole parental responsibility for her children. She also was required to transport her elderly parents who had a number of health ailments.

          She also required her licence to attend face to face meetings and consultations with clients.

          The severity appeal proceeded and we called her to give evidence from the witness box. She was able to explain that all four offences occurred within a few days of each other at the same location where she had not been aware of the speed limit.

          We also tendered a video of the area where the offences occurred. This showed that there was no signage as to the speed limit.

          We led evidence that since the offences she had downloaded a speed advisor app on her phone to ensure there would not be any re-offending.

          We made submissions stressing the extenuating circumstances of the offences and imploring the Court not to record convictions for all offences.

          Despite the prosecution vigorously opposing these submissions, we were able to persuade the Presiding Judge to deal with all matters pursuant to a conditional release order without conviction.

          As such, our client remains able to drive. She was overjoyed with the result.

        • Licence Appeal Successful for Multiple Speeding Offences

          Astor Legal appeared at Windsor Local Court for a young lady who was facing a 3 month suspension for multiple speeding offences.

          Our client had a number of infringements on her traffic record, even though she was still only a P1 licence holder.

          At Court the Magistrate dismissed a number of similar licence appeals for people with far better traffic records.

          Despite this, we were able to persuade the Magistrate that she had a strong need for a licence and had significant responsibilities which she required her licence for.

          The result?

          Our client faces no suspension at all and can continue to drive.

        • Licence appeal for speeding over 45km/hr successful

          Our client is a 23 year old University student who also works part-time as a pizza delivery driver.

          He was stopped by police when they clocked him travelling at 155km/hr in a 60km/hr zone. This is well over double the speed limit. He was issued with an immediate police suspension notice for a period of 6 months.

          Our client’s traffic record was not good. He had a number of prior speeding offences on his record. He informed us that he needed his licence for his pizza delivery job, as that was his only source of income.

          We began by providing him with our character reference and apology letter guide as well as referring him to the 6 week PCYC Traffic Offender Program. As we explain in our traffic sentencing guide, this course is more intensive than the regular 2 day course.

          To lift or vary an immediate police suspension, one is required to show that ‘exceptional circumstances’ exist.

          In Court, the Magistrate dismissed a number of other licence appeals which involved far less serious examples of speeding. However, our specialist traffic lawyers were able to persuade the Magistrate that it was appropriate to reduce the suspension from 6 months to ‘time served’.

          This meant that our client could continue immediately reapply for his licence and recommence his job.

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