If you hold a P1 provisional Class C driver licence and have been caught driving more than 30 km/h but not more than 45 km/h over the speed limit, you may face a licence suspension. For a P1 driver, losing your licence can have serious consequences, particularly where you need to drive to work, an apprenticeship, TAFE or university, or to meet family responsibilities.
The good news is that, in appropriate circumstances, you may be able to appeal the suspension to the Local Court.
Importantly, however, an appeal against your licence suspension is different from defending the speeding charge.
Police suspension or Transport for NSW suspension?
There are different ways a P1 licence can be suspended.
A police officer may impose an immediate suspension following a serious speeding offence. Alternatively, Transport for NSW may subsequently suspend your licence following a speeding offence or because of demerit points.
These are different decisions and the applicable appeal process can depend on how your licence was suspended. Police-imposed immediate suspensions must generally be appealed within 28 days. A Transport for NSW suspension must also be appealed within the applicable time limit, and you should act promptly rather than waiting until the suspension is due to start.
Appealing the suspension is not defending the speeding charge
One of the most important things to understand is that a licence suspension appeal is not the same as fighting the speeding offence.
The Local Court generally does not decide whether you were guilty of the speeding offence as part of an appeal against the suspension. The Court is dealing with the suspension decision and whether there are grounds to lift or vary it.
If you want to dispute the speeding allegation itself, that is a separate matter which should be considered carefully with your solicitor.
You should therefore obtain legal advice about both issues rather than assuming that appealing your suspension will make the speeding charge disappear.
What are exceptional circumstances?
For an immediate police suspension, the Local Court cannot simply lift or vary the suspension because losing your licence is inconvenient. The Court must be satisfied that there are exceptional circumstances justifying a change to the suspension.
This means that your solicitor needs to identify and present the particular circumstances that make your situation exceptional.
Depending on the circumstances, relevant matters may include:
- losing your employment if you cannot drive;
- an apprenticeship or traineeship requiring you to travel;
- attending university or TAFE;
- significant caring responsibilities;
- living in an area with limited public transport;
- medical appointments or other important commitments;
- serious financial consequences from being unable to drive;
- the effect of the suspension on your family;
- your previous driving history; and
- a genuine and substantial need for your licence.
The fact that you need your licence for work is important, but hardship alone does not automatically mean that the Court will lift the suspension. The evidence needs to demonstrate why your circumstances are exceptional.
Why evidence matters
A successful appeal is not simply about telling the Magistrate that you need your licence.
Supporting evidence can be important. Depending on your circumstances, this might include an employer’s letter, apprenticeship or TAFE documentation, evidence concerning caring responsibilities, medical documentation, financial information or other material demonstrating the practical consequences of losing your licence.
A solicitor can help identify what evidence is relevant and present it in a way that addresses the legal test.
Do not drive while suspended
You should be extremely careful not to drive while your licence is suspended.
Driving while suspended is a separate offence and can result in further penalties, including disqualification and potentially imprisonment in serious circumstances.
The effect of lodging an appeal can also differ depending on whether the suspension was imposed by police or Transport for NSW. A police suspension generally remains in place while the appeal is waiting to be heard, whereas a Transport for NSW suspension may be stayed once the appeal is properly lodged. You should obtain legal advice before driving.
Get advice about your P1 licence suspension
If your P1 licence has been suspended after a speeding offence, do not assume that you simply have to accept the suspension.
There may be a right to appeal to the Local Court, but strict time limits apply and the Court will require proper grounds for interfering with the suspension.
Here to Help
Mid Mountains Legal assists clients with licence suspension matters throughout the Blue Mountains. If you have received a suspension, contact us now so that your circumstances can be considered and you can understand your options.
This article provides general information only and is not legal advice. The law and your options will depend on the particular circumstances of your case.
