BREAKING NEWS IN NSW IN CRIMINAL AND TRAFFIC LEGISLATION AND IT’S ENFORCEMENT
Monday, May 24, 2010 at 9:29AM In July 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 RTA 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 RTA 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 $1, 744 fine?
It seems that you will NOT get a letter of suspension from the RTA 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.