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Thursday
Dec052013

Breaking News in NSW in Criminal and Traffic Legislation and it's Enforcement

In July 2009

In 2009 the Minister for transport has changed the points system and the thresholds for speeding offences in NSW to the following:

0 to 10 over - 1 point

11 to 20 over - 3 points

21 to 30 over - 4 points

31 to 45 over - 5 points and 3 months non roadside suspension

Over 45 - 6 points and 6 months roadside suspension (discretionary)

This is better for those minor speeding offences particularly if you are holding a the two point Good Behaviour Licence.

Why am I sceptical then? Why skip the two pointer as logically it should have been awarded for the 10 – 20 offence and the four pointer is a huge penalty for an easy 20 over particularly in Double Demerit times.

I can’t help but think that the goal is to have everyone lose their licence in a state where a “work licence” is not available. Think about taxi drivers, salesmen, transport operators etc., who spend most of their lives in a vehicle and often drive more than 100,000 km per annum!

 

In May 2010

A Licence Appeal is an Appeal to a Local Court against the RMS suspension to a driving Licence in NSW.

The Court has power to waive, reduce, confirm or change the timing of the suspension and will take into account the circumstances of the offence, your driving record, hardship without a licence and any other factors such as finances and medical issues.

If you get booked for speeding say 30 over and pay the fine, you will get a letter of suspension from the RMS setting out the starting and finishing date of the suspension.

You can keep the plastic and resume driving when allowed – simple. But if unhappy or distressed you can take the letter to the Court office and seek a review by way of a Licence Appeal.

What happens if you get booked for speeding say 45 over and are suspended on the roadside and pay the $2, 000 fine?

It seems that you will NOT get a letter of suspension from the RMS as it relies on the handwritten notice received by you from the Police on the roadside which sets out the starting and finishing date of the suspension.

Can you apply for a Licence Appeal to review the Suspension – apparently not and of course that is very unfair as it removes your right of review.

If caught in that situation there is a way but you’ll need to contact me about that but it will mean two separate applications to a Court.

 

In July 2012

For years in NSW the Police have been able to suspend your licence on the roadside for Mid Range and higher drink drive offences and also for Street Racing or Aggravated Burnout plus confiscate the vehicle for three months first time and permanently on the second or subsequent conviction.

From July 2012 they can also suspend you for Major driving offences such as Drive Manner Dangerous, Speeding over 45 (30 over if you are a L or P Plater or L plater driving without an instructor) and suspend your registration on the spot and remove your number plates.

That means stuck on the side of the road without a licence or rego waiting for the tow truck.

 

In July 2013

The minister for transport has changed the law to allow lane filtering by motorcycles / scooters subject to the following:

1. Not allowed in school zones

2. At speeds less than 30 kph

3. Excludes L & P plate riders

4. Not allowed along kerbside or gutter