What is a Police Suspension?
A Police Suspension occurs automatically when you are pulled over and fined for some speeding offences.
What is a Notice of Suspension?
A Notice of Suspension is issued by Transport for NSW and will inform you of the date on which your licence will be suspended.
Depending on the type of Suspension you face, there are different mechanisms in place to contest the Suspension.
Police Licence Suspension Offences
A Police Suspension occurs automatically when you are pulled over and fined for some speeding offences.
These offences vary based on the type of licence you hold.
Unrestricted drivers
- Speeding 45km/h over the limit (not camera detected)
Learner, Provisional P1 or P2 drivers
- Speeding 30km/h over the limit (not camera detected only)
- Speeding 45km/h over the limit (not camera detected only)
What should I do if I have a Police Licence Suspension?
If you are facing a Police suspension, the only way to avoid any time off the road would be to elect to take the matter to Court.
How do I contest a Police Suspension?
If your driver’s licence has been suspended by the Police and you want to have the matter determined in court, you need to make an application to the Local Court within 28 days of receiving the ‘on the spot’ suspension.
Notice of Suspension NSW
A Notice of Suspension will be sent to you by Transport for NSW.
It will inform you of the date on which your licence will be suspended.
These suspensions do not require a Court election, but rather a Licence Appeal.
Again, the type of decisions that can be subject to a licence appeal varies based on the type of licence you hold.
Notice of Suspension NSW Offences
Unrestricted drivers
- Transport for NSW licence suspensions for speeding 30km/h over the limit
- Transport for NSW licence suspensions for speeding 45km/h over the limit (camera detected only)
Learner, Provisional P1 or P2 drivers
- Transport for NSW licence suspensions for exceeding the demerit point limit
- Transport for NSW licence suspensions for speeding 30km/h or 45km/h over the limit (camera detected only)
Good Behaviour Licence drivers
- If you receive a notice of suspension for exceeding the demerit point limit or breaching a good behaviour licence you cannot lodge a licence appeal.
For more information on how licence appeals operate, see our Blog.
Breach of a Good Behaviour Licence
If you hold a Good Behaviour Licence, any traffic infringement for which you accrue 2 or more demerit points within the 12 months of the holding of that licence will result in your breaching the conditions of this licence.
The only way to avoid spending any time off the road in these circumstances would be to challenge the Speeding Fine by electing to have the matter heard in Court.
The options available to you would be:
- Plead not guilty and defend the offence; or
- Plead guilty and seek to have the matter dealt with under section 10 of the Crimes (Sentencing Procedure) Act (NSW) 1999.
Need help with a licence suspension?
Traffic Law in NSW is complex and can often have a number of underlying considerations that might not be evident.
Hamilton Janke Lawyers are recognised as Leading Traffic Lawyers in NSW and will be able to explain to you the way to deal with your matter.
If you or someone you know needs advice or representation for a licence appeal, contact the team at Hamilton Janke Lawyer 24 hours a day, seven days a week by calling 4038 1666.
Written By
James Janke
James Janke is founding partner at Hamilton Janke Lawyers, and has more then decade of experience as a Criminal Defence Lawyer. Admitted to both the Supreme Court of New South Wales and High Court of Australia
Reviewed By
Drew Hamilton
Drew Hamilton is founding partner at Hamilton Janke Lawyers. Admitted to the Supreme Court of New South Wales as a Solicitor and also listed on the High Court of Australia register.
