In New South Wales, speeding offences can lead to significant penalties including demerit points, fines and even suspension of your driving licence. The consequences of driving over 30km/h above the speed limit are particularly severe.

Penalties

The increased risk to public safety of speeding over 30km/h above the speed limit is reflected in hefty penalties, including:

• A fine (currently $1,133 for class A and class B vehicles).
• 5 demerit points added to your driving record.
• A licence suspension period of:
  • For provisional licence holders (P1 and P2) – 3 months;
  • For unrestricted licence holders – 3 months.

Can I appeal a licence suspension?

Yes, if your licence is about to be or has been suspended due to speeding over 30km/h, you have the right to appeal the suspension.

There are two ways to appeal your suspension (or have the fine determined):

1. Elect for the charge to be dealt with in Court (not recommended)

After committing the offence, you will receive an infringement notice in the mail with a fine. You can elect for that notice to be dealt with before the Local Court. If you elect to do that, to avoid having your licence suspended you would have to receive a non-conviction for the offence.

We do not recommend this action unless there were exceptional circumstances as to why you committed the offence (e.g. duress, avoiding a crime, medical episode  etc).

Why we don’t recommend this option

• It is much harder to argue;
• If convicted (which is likely), you will automatically be disqualified for 3 months. The Magistrate has the discretion to increase the disqualification period to whatever they deem fit. You do not get the opportunity to appeal the suspension per the below option if this occurs. You will instantly begin serving your suspension; and
• The fine can increase to $2,200.

2. Appeal the Transport for NSW licence suspension (recommended)

Once you receive the infringement notice and you pay the fine (thereby accepting responsibility), Transport NSW will send you a letter within 28 days notifying you that your licence is going to be suspended for 3 months. That letter outlines that you can appeal the decision to suspend your licence by following the links to lodge the appeal.

Why we recommend this option

The Court has the power to reduce the 3 months suspension period. A Magistrate is generally more likely to give you a shorter suspension period than no penalty as per option 1.

• You are more likely to get your licence back sooner; and
• You avoid a larger fine.

Preparing your appeal

It is important to be aware of and prepare for the factors the Court is likely to look at when assessing your appeal.

Personal Hardship

If a licence suspension means that you won’t be able to care for a dependant or you will most likely lose your job, this should be raised. Evidence of this such as a letter from your employer or medical records will support this submission.

Traffic Offenders Program:

You will not get a decent reduction in your suspension period without having completed this course. It can be done in person or online at a pace that matches your circumstances.

Driving Record

If you have a good driving record with minimal fines, this shows the Magistrate that you have strong prospects of not committing a further offence. If you have a poor history, be prepared to address that and provide good reasons why its going to change.

Need for a licence

Don’t rely heavily on this. Everyone needs a licence. Outline your need for a licence in the context of your family responsibilities, occupation and other commitments.

Here to Help

Navigating the legal process for appealing a licence suspension can be complex. Seeking professional legal assistance can improve your chances of a successful appeal. Contact us to help you understand your rights, to prepare your case, and to represent you in court.