Case facts
Our client was an Irish National who had been driving in NSW on his overseas driver licence. In a period of 3 years, he accrued a total of 46 demerit points. He was able to do this as the demerit point system is not as automatically monitored for overseas drivers as it is for New South Wales drivers and our client’s offending had slipped through the cracks.
Eventually the Roads and Maritime Services (previously known as the RTA) caught up with him and his driver licence was suspended for a period of 12 months.
The appellant was gainfully employed in a position where his driver licence was crucial to his job. A loss of his licence would have meant termination of his employment. He sought expert traffic law advice from Nyman Gibson Miralis.
On instructions, we immediately lodged a licence appeal and arranged for our client to become enrolled at the Traffic Offender Intervention Program. The Traffic Offender Intervention Program is a program that aims at re-education and rehabilitation of licence holders to prevent re-offending.
Licence appeal
Nyman Gibson Miralis appeared with the client on the Licence Appeal in the Local Court. Submissions focussed on the legality of the Roads and Maritime Services to suspend our client’s licence for 12 months. Notably, the demerit point’s scheme states that an accrual of any amount of demerit points over 20 (even 46) results in a suspension period of 5 months. This is pursuant to section 33 of the Road Transport Act 2013 (NSW).
It was emphasised that the client did not seek to mitigate the seriousness of his record by blaming the RMS. But it was nonetheless the case that the 12 month suspension was not supported at law. Our client’s genuine need for a licence was pointed out and that he had engaged in active rehabilitation to curb any further offending by way his participation in the traffic offender program.
Case result
The Court agreed with the submissions made and also noted that the RMS need be more vigilant of their obligation to uphold the law and maintain uniformity. The Magistrate further noted that part of the RMS obligations is upholding the relevant law and it was the case that they did not do it on this occasion and instead had arbitrarily imposed an ultra vires suspension period not supported at law to compensate for the delayed suspension of our client.
The Magistrate reduced the suspension period from 12 months to 5 weeks. Our client was ecstatic with the result.
Nyman Gibson Miralis provides expert advice and representation in all areas of drink driving and traffic law.
Contact us if you require assistance.
