Traffic / RTA Matters

If the Road Traffic Authority (“RTA”) want to suspend your unrestricted licence due to the loss of all your demerit points you are no longer able to appeal the decision, but appeals to overturn licence suspension in a number of other areas still exist.

 
 Appealing a suspended license 

There are three areas where you may have a right to appeal a decision to suspend your licence:  

 Exceeding the Speed limit by more than 30 kilometres or more than 45 kilometres an hour.

If you have been caught speeding over 30 kilometres an hour of the designated sped limit, there is a three month licence suspension. If you are caught driving over 45 kilometres an hour of the designated speed limit, then   six month licence suspension is imposed. 

There are two ways that you may have been caught speeding. The first is by an actual police officer or highway patrol. You are usually issued with a penalty on the spot by the police officer. 

The other way is through fixed speed cameras. The use of these cameras has increased in recent times and you may have noticed them around when you were driving. These speed cameras have been faulty in the past. If you have received a penalty and do not recall speeding at all, it may not be fairly imposed. Sometimes there are problems with the calibration of the cameras. Sometimes there are other technical problems. 

If you have received such a penalty, you may not be guilty. If you wish to contest it or you are seeking legal advice, ring the experts. Antwan Lawyers can assist you with sound legal advice about your rights and your responsibilities in accordance with the Law. 

 An on the spot licence suspension for exceeding the speed limit by more than 45 kilometres an hour. 

If you exceed the speed limit by more than 45 kilometres an hour a Police Officer has the power to give you a suspension notice which will suspend your licence for six months.  

What to do:

If you have been issued with a speeding fine from a police officer, you may be able to appeal the decision to suspend your license. An appeal to the Local Court is required to be filed by you electing on the back of the penalty to go to court. You have 28 days after the suspension notice to appeal the decision.  

When the matter comes before the court, the Court will take into account a number of factors including:  

•   The evidence  
•   Your need for a driving licence for work or to get to regular   medical appointments etc.
•   Any other matter the court feels is relevant.  

It s important that you have the best possible legal representation when the matter comes before the court so that your case can be put forward to the court with the view of achieving the best possible result for you. At Antwan Lawyers, we pride ourselves on good advice and solid positive results from appeals. 

 Suspension of a Provisional Licence for demerit point loss. 

Provisional licence holders cannot exceed the loss of 4 demerit points and Provisional (P2) licence holders 7 points.  If a Provisional Licence Holder exceeds the prescribed amount of points, the RTA may suspend their licence.  

What to do:  

If you are guilty of any of the above you may be able to appeal the decision to suspend your licence issued by the RTA. Usually, the RTA will write to you and inform you of their decision to suspend your licence. You must appeal the decision within 28 days of the date of the letter received from the RTA. The appeal usually takes place in a local court. When the matter comes before the Court, the Courts will take into account a number of factors including:  

 

• any extenuating circumstances which lead to your excessive speed. 
  
• Your previous good driving record and/or good character
  
• Your need for a driving licence for work or to get to regular medical appointments etc.  

 

You have 28 days after being notified by the RTA to appeal their decision.  

Local Court Magistrates see many people everyday who are facing licence suspension. An experienced lawyer at Antwan Lawyers will be able to prepare your case effectively so that you receive the best possible result from a court appeal. It is best to give a lawyer time to prepare your case rather than seeking legal advice days/hours before your matter is to be heard. Call Antwan Lawyers today for assistance with your RTA matter 

 Appealing a habitual offender driving suspension 

An habitual offender driving suspension can be imposed for accumulating three convictions for serious offences within a period of five years. This is usually done by the RTA. 

The list of serious offences includes:  

• Driving at a dangerous speed or in a dangerous manner;
• furious driving;
• reckless driving;
• negligent driving where death or grievous bodily harm is occasioned;
• drink and drug driving offences; an
• driving whilst disqualified

What to do:

A Habitual Traffic Offender declaration can either be quashed (dismissed altogether) or reduced by the Court. The Court will take into account a number of factors including: 

• The proportion between the offence and the length of the disqualification;
• The special circumstances of the case; and
• Your prior driving record. 

Antwan Lawyers can assist with applications to the Local Court on an application to appeal a habitual offenders declaration by the RTA. It is important to lodge your appeal within 21 days of the date of the declaration from the RTA. This is usually embodies in a letter from the RTA to you

Contact Antwan Lawyers today to protect yourself and your license on  

1300 268 386. 

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