Did you know that in certain circumstances a driver of a motor vehicle, who may
otherwise have their licence suspended or possibly cancelled, may be able to apply to a
Court for a good behaviour licence?
And did you know that it may be possible to have a Court review a decision by the
Roads and Maritime Service (RMS- formally the RTA)? The Court may still impose a
penalty but it might be more lenient than the current penalty. In short it pays to get
advice if you are confronting this.
What is a good behaviour licence?
For unrestricted licence holders who accumulate 13 or more points in a three year
period a good behaviour licence may be a welcome solution for you. Rather than having
your licence suspended at this point, you may apply to RMS for a good behaviour
licence. This licence runs for a 12 month period and during this time you are only entitled
to accumulate 2 demerit points.
When do you need to apply?
If you have exceeded your demerit point limit you will be issued with a Notice of
Suspension by the RMS. The suspension notice will state the date on which your
suspension will start. It is essential that you apply for a good behaviour licence prior to
your licence suspension commencing.
When Can You Appeal a Licence Suspension?
You can appeal against a Licence Suspension in the following circumstances:
RMS suspension for exceeding the speed limit by 30kph or 45kph. In these
circumstances you will receive a suspension letter after paying the infringement
notice.
On the spot suspensions for offences such as mid-range drink driving, high range
drink driving, driving in a manner dangerous, speed dangerous, street racing,
burnout to name the most common offences.
A decision by the RMS to suspend a P1 or P2 provisional driver’s licence for loss
of demerit points
Note you cannot appeal a Licence Suspension for drivers with a ‘full licence’ as a result
of demerit points exceeding the limit.
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No second chances
There are no second chances with Licence Appeals, it is important to be properly
prepared the first time as the Court’s decision is binding.
You will need to know the Court process and should expect to be giving evidence. In
addition it is likely that you will need to gather supporting evidence. You will need to
seek legal help from a lawyer with experience in this field.
Time limits apply
You only have 28 days to lodge an Appeal after you receive the RTA notification letter or
find out that you are suspended.
Section 10 Orders
In general terms when a judicial officer makes an Order under this section it has the
effect of the offence being proven in Court against you but there is no finding against
you.
In these circumstances the RMS is not to impose demerit points where a Court orders
that a person not be convicted of a traffic offence under Section 10 of the Crimes
(Sentencing Procedure) Act. This means that you can elect to take a traffic infringement
notice to Court and ask the Court not to convict you. If you are successful in persuading
the Court to order a section 10 you will not accumulate demerit points for the traffic
offence and therefore your licence will not be suspended.
Do you know a driver who needs assistance?
Appealing decisions should not be taken lightly. Any applicant should ensure that they
have received fully informed legal advice as to how they should plead and how best to
maximise their chances of success with an application.
These matters require the assistance of a legal specialist who can not only advise as to
the merits of the application but also prepare the necessary documentation.
For any assistance call us on 02 9191 9293 or email mail@rnlegal.org.
