Police may immediately suspend and confiscate your 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 or committing other serious alcohol-related offences.
- A street racing offence.
- An aggravated burnout offence.*
- 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.
* The definition of an aggravated burnout includes a hoon driver's mates who willingly participate in, urge others to participate in, photograph or film to promote or organise hoon activity.
Police can suspend and confiscate a licence either on the spot or within 48 hours of a person being charged or issued a penalty notice for a relevant offence. This means that you may have to arrange for your vehicle to be collected by someone else.
Where a person is charged by Police with one of the offences, the suspension will remain until the offence is heard by a court. If you are convicted and disqualified by the court, the court may take into account the period you have served under suspension when imposing the disqualification period.
If you are issued a penalty notice for speeding in excess of 45 km/h over the limit, the suspension will apply for a period of six months.
If you are issued a penalty notice for speeding in excess of 30km/h but not more than 45km/h over the limit as the holder of a learner or provisional licence, or a learner driver driving unaccompanied by a supervising driver, the suspension will apply for a period of three months.
Camera-detected excessive speed offences are not included in the immediate licence suspension scheme. Roads and Maritime Services (RMS) may apply a suspension following payment of the penalty notice.
Demerit points and fines also apply to speeding offences.
A person has the right to appeal the suspension at a local court. The appeal must be lodged with a court within 28 days of being issued the suspension notice. Unless the court in the meantime orders otherwise, you must not drive unless the court upholds your appeal.
If you are a visiting driver and do not hold a NSW driver licence, your permission to drive in NSW can be withdrawn under the same provisions.
This plain English summary is only an interpretation of the legislation about immediate licence suspension. Reference should be made to the latest provisions in the law for any detailed information on the penalties of specific offences.