SIGNIFICANT DEVELOPMENTS IN ROAD TRAFFIC OFFENCE PENALTIES IN NSW

Newsletter Article - 15 June 2012

In October 2011, the NSW Supreme Court handed down a decision, the effect of which was that the Court may not backdate licence disqualification periods to the date of the offence, as had been the common practice.  In Roads and Traffic Authority of NSW v Tamara O’Sullivan and others [2011] NSWSC 1258 (O’Sullivan), the Court held that the automatic period of disqualification provided for in the Road Rules 2008 (NSW) following a conviction for a speeding offence must commence on the date of conviction.  Similarly, it was held that licence disqualifications for other offences, including drink driving under the Road Transport (General) Act 2005 (NSW), commence from the date of conviction.

In circumstances where a road traffic offence has resulted in a licence confiscation, and the licence holder intends pleading guilty to that offence, a guilty plea should be entered at the first available opportunity in order to minimise the length of time of suspension of licence as same will now commence, in line with the decision in O’Sullivan, on the date of conviction and not the date of confiscation.

	Scott Chapman Partner Phone: 61 2 9228 9317 Scott_Chapman@tresscox.com.au
	Melanie Shea Solicitor Phone: 61 2 9228 9214 Melanie_Shea@tresscox.com.au

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