Yet again, the RMS (when it was known as the Roads and Traffic Authority, or RTA) has come under fire. This time, the RMS refused to allow a motorist to have his licence back after the court determined disqualification period had expired. In other words, a District Court Judge determined what the appropriate disqualification was, giving the legitimate expectation to the driver that he could reapply for his licence once that period had expired. Neither party appealed – presumably because both the prosecution and defence were satisfied with the result. His Honour Judge Nicholson said, “It is of grave concern that any officer of the executive arm of the government would, without lawful authority, arbitrarily override or countermand any lawfully made court order.”
This was also the lead story on Channel 7 News Sydney on 20 January 2011.
The barrister involved in the decision was Alan Conwell. Dennis Miralis is a partner of Nyman Gibson Miralis and regularly incurs the wrath of the RMS by highlighting just some of the injustices suffered by motorists, including: faulty speed cameras, operation of radar and lidar in inappropriate circumstances and the infamous speed camera fiascos where speed cameras were installed, school zones were changed and nobody bothered to tell the public.