RMS Licence Appeals

With annual increases in the number of highway patrol vehicles, red light cameras and speed cameras, it is now common for many people to be issued penalty notices for a number of traffic offences, most of which carry demerit points. If you accumulate enough demerit points, your licence is likely to be suspended by Roads and Maritime Serivces (RMS). In some cases, your licence can be suspended on the spot by police. McGirr & Associates is experienced in dealing with appeals related to these decisions.

The following decisions of the RMS and police can be appealed in the Local Court:

  • The RMS suspends a P1 or P2 provisional driver licence for loss of demerit points

  • The RMS suspends your licence for exceeding the speed limit by more than 30 or more than 45 kilometres an hour

  • The police suspend your licence on the spot for exceeding the speed limit by more than 45 kilometres an hour (a police suspension). This suspension can be quite oppressive as it operates in addition to any suspension the RMS might apply independently.

  • The police temporarily seize your number plates for 3 months for excessive speed offences.

In circumstances where the RMS has suspended you for excessive speed (more than 30kmh, but not more than 45kmh), it can be beneficial to appeal as the court has the discretion to allow the appeal (you keep your licence) or vary the suspension period (you could be back on the road sooner). Of course, the court may agree with the RMS and maintain the original suspension. This is why it is important to have experienced legal representation from Paul FC McGirr - call now on 0405 508 099.

Reforms to Driver Disqualifiation System

The NSW Government passed legislation that came into effect in October 2017 allowing drivers who have been disqualified pursuant to certain offences to apply to have their disqualifications lifted earlier after complying for at least two years. The reforms also abolish the Habitual Offender scheme which had previously imposed automatic lengthy disqualifications and was extremely punitive, particularly for drivers in rural and regional areas with no alternative transport options. This means that there is now light at the end of the tunnel for many disqualified drivers providing they have demonstrated an ability to comply with lengthy disqualifications for at least two years. Contact Paul FC McGirr on 0405 508 099 for advice on next steps.