201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000
If you hold a licence issued by the ACT Road Transport Authority, the Police have the power to immediately suspend your licence in the following circumstances:
If you hold a licence in another jurisdiction and the above circumstances apply, the police can suspend your right to drive in the ACT.
Yes, if you receive an immediate suspension notice, and you have a licence to drive a motor vehicle and ride a motor bike, both your right to drive and ride will be suspended.
You will also be prohibited from applying for another licence in the ACT while the notice is in effect.
An immediate suspension notice will cease to have an effect when one of the following occurs:
Yes, under section 61F of the Road Transport (General) Act 1999, you can apply to the ACT Magistrates Court for a stay of the suspension notice. If the Magistrate grants the order to stay the notice then your right to drive is no longer suspended.
An application for a stay must be lodged within 28 days after you have been issued with the immediate suspension notice.
The criteria for winning a stay are tough. You must show that there is an immediate need for a licence, and the need must be more than an inconvenience. For example, you require your licence for medical purposes or you require your licence to transport someone to medical appointments and public transport is not available to them.
If you are disqualified by the Court from holding an ACT licence, the period of licence suspension served due to the immediate suspension notice must be deducted from the disqualification period imposed by the Court. The Magistrate must be satisfied that the immediate suspension notice was complied with.
For example, if you were given an immediate suspension notice and, after serving two months of the notice you were then disqualified by the Court for driving for 6 months, you will then have 4 months of your disqualification period left to serve.
Interstate licence holders do not automatically get the benefit of a deduction from their disqualification period because their licences were not suspended, only their right to drive in the ACT. However, should the Magistrate be provided with evidence that your ability to drive has been affected, for example you live in NSW but work in the ACT, you can request to have the suspension period deducted from your disqualification period.
In Canberra, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.
Contact Armstrong Legal:
Canberra: (02) 6288 1100
Brisbane: (07) 3229 4448
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777