polIce suspension

Police Suspension of Driver Licences in New South Wales

In New South Wales (NSW), police officers have the authority to immediately suspend a driver’s licence in certain serious circumstances involving road safety offences. This power is designed to protect the public from high-risk drivers and applies to a range of offences, including high-range drink driving, excessive speeding, street racing, and certain drug driving charges. These immediate suspensions are regulated by the Road Transport Act 2013 (NSW) and form part of the state’s broader strategy to ensure safer roads.

Legal Framework

Police suspension powers are conferred under Schedule 3, Clause 56 of the Road Transport Act 2013 (NSW). This provision enables police to suspend and confiscate a driver's licence on the spot if the driver is charged with a qualifying offence. The suspension takes effect immediately and remains in place unless it is overturned or modified by a court.

When Can Police Suspend a Licence?

A police officer may issue an immediate licence suspension in the following circumstances:

  • Drink Driving Offences: When a driver is charged with mid-range or high-range prescribed concentration of alcohol (PCA) offences.

  • Drug Driving Offences: Where a driver is found to have illicit drugs present in their oral fluid or blood.

  • Street Racing and Aggravated Burnouts: If a driver is charged with illegal street racing, burnouts, or other dangerous driving displays.

  • Excessive Speeding: Where the driver exceeds the speed limit by more than 45 km/h.

  • Refusal or Failure to Provide a Sample: If a driver refuses or fails to provide a breath, blood, or oral fluid sample when lawfully required to do so.

Duration and Effect of Police Suspensions

A police-issued suspension remains in effect until the matter is dealt with in court, or until a court makes an order to lift, reduce, or otherwise modify the suspension. In many cases, these suspensions are automatic and non-discretionary, meaning the police officer is required by law to issue the suspension once the relevant offence is detected or charged.

The duration of the suspension can vary depending on the type of offence, but in general:

  • The suspension takes effect immediately upon issue.

  • The licence is confiscated on the spot.

  • The suspension may remain in force until the court finalises the related offence.

Appealing a Police Suspension

A person who has been issued a police suspension has the right to appeal the suspension in the Local Court of NSW under Section 267 of the Road Transport Act 2013 (NSW). The court has the discretion to affirm, vary, or set aside the suspension based on the individual’s circumstances and the risk to public safety.

When appealing a police suspension, the court will consider:

  • The circumstances of the alleged offence (e.g. whether there was excessive speeding or a dangerously high BAC level).

  • The personal circumstances of the driver (such as reliance on a licence for employment, health, or caring responsibilities).

  • Any risk to the community if the person were allowed to continue driving.

It is important to note that simply needing a licence for work or family reasons is not sufficient on its own to overturn a suspension. The court must be persuaded that lifting the suspension would not pose an unacceptable risk to road safety.

Consequences of Driving While Suspended

Driving while under a police suspension is a criminal offence under Section 54 of the Road Transport Act 2013 (NSW). Penalties include:

  • Fines of up to $3,300 for a first offence

  • Imprisonment for up to 6 months

  • Further disqualification periods

  • Vehicle confiscation or impoundment in serious or repeat cases

As such, it is critical that drivers comply with the terms of their suspension and seek legal advice promptly if they wish to appeal.

Conclusion

Police suspension of a driver’s licence is a serious and immediate enforcement measure used to protect road users from drivers who commit high-risk offences. The Road Transport Act 2013 (NSW) grants police the authority to suspend licences on the spot for certain offences, with the aim of removing dangerous drivers from the road promptly.

If you have received a police licence suspension, it is essential to obtain legal advice as soon as possible. An experienced traffic or criminal lawyer can assist in assessing the merits of an appeal and representing you in court to seek the best possible outcome.

References

  • Road Transport Act 2013 (NSW) – Schedule 3, Clause 56 (police power to suspend licences)

  • Road Transport Act 2013 (NSW) – Section 267 (appeals against licence suspension)

  • Road Transport Act 2013 (NSW) – Section 54 (offence of driving while suspended)