Using phone while driving: An example of reckless driving
Pursuant to section 224 of the Roads Transport Act NSW 2013, Police may immediately suspend and confiscate your driver’s licence for the following offences:
- A serious driving offence causing death or grievous bodily harm
- Speeding in excess of 45 km/h over the speed limit
- Middle or high range prescribed concentration of alcohol (PCA) or committing other serious alcohol-related offences
- A street racing offence
- An aggravated burnout offence. The definition of an aggravated burnout includes a driver’s associates who willingly participate in, urge others to participate in, photograph or film to promote or organise “hoon activity”
- Speeding in excess of 30km/h over the speed limit whilst the holder of a learner or provisional licence
- Driving unaccompanied by a supervising driver whilst the holder of a learner licence.
If you have received a Camera-detected speeding infringement 30km/h or 45km/h over the speed limit, then the immediate suspension will not apply. The Roads and Maritime Service (RMS) * will send you a Notice of Suspension at a future date.
If you have had your driver’s licence suspended for one of the offences listed above, the suspension will remain until the offence is heard by a court. The court may take into account the period you have served under suspension when imposing the disqualification period.
It is also important you do not drive under any circumstances, until the appeal is decided by the Court.
Driving whilst suspended is a serious criminal offence, and carries up to 18 months gaol, a mandatory disqualification period of 12 months, and a maximum $3,300 fine.
The assistance of an experienced traffic lawyer is important when considering appealing an immediate licence suspension to the Local Court. There are strict time limits of 28 days which apply to appeal. Our traffic solicitors regularly appear before the Local Court to quash or reduce the periods of suspension on appeal.
Mina Wassef is a criminal defence lawyer working from our Parramatta office. He travels to all courts in NSW and can assist you with any type of police charges or appeals against licence suspensions.
* Note: The Roads and Maritime Service (RMS)* is the government department formerly known as the Roads and Traffic Authority (RTA).