An exciting new era of public transport commenced in Newcastle on 17 February 2019 with the official opening of the city’s highly anticipated light rail network. With light rail services now underway, it is important for drivers, especially, to understand how to behave and be safe around trams and tram tracks. The following are some […]
On 28 October 2017, significant new driver disqualification laws came into force in New South Wales. Among the reforms was the abolition of the Habitual Traffic Offender (HTO) scheme. Under Division 3 (now repealed) of the Road Transport Act 2013, a person convicted of three major traffic offences within a 5-year period could be declared […]
The actions of Police in NSW are predominantly governed by the Law Enforcement (Powers and Responsibilities) Act 2002 (“LEPRA”). One such action governed by LEPRA is when Police are able to search a person if they do not have a warrant to do so. Section 21 of LEPRA sets out that a Police officer may, […]
From 1 July 2018 drivers who use their mobile phone whilst behind the wheel will face further risks following the commencement of the Road Transport Legislation Amendment (Road Safety) Act 2018 No 15. This amendment allows the NSW Police to utilise new camera technologies to detect drivers using a mobile phone and issue infringement notices […]
In NSW your licence may be suspended by either the Roads and Maritime Service (RMS) or the NSW Police. It is possible to appeal the suspension of your licence however, and the most common offences for which such appeals are made include: – The RMS suspending your licence for exceeding the speed limit by more […]
The terminology used in the legal industry regarding statements of evidence can be confusing. Phrases such as affidavit, statutory declaration and witness statement are thrown around and are often used interchangeably in common lexicon. This article explores the difference between these documents and how they are used within the legal system: 1. Affidavit An affidavit […]
In late October 2017, the NSW State Government passed a number of amendments to the Road Transport Act 2013 (the “Act”) which overhaul the system as it relates to driving disqualifications. The aim of the amendment is to reduce unlawful driving by giving people an opportunity to have their licences returned in certain circumstances where […]
There are many rules that govern the way in which vehicles are to be operated to maintain the safety of our roads, most of which are contained within the Road Rules 2014 (NSW). Many of these rules are well known to road users, however in this article, I will explore a few of the lesser […]
Time and time again when working in criminal law I have had clients approach me and say “mate, can’t you just get me a section 10?” This mystical section of the Crimes (Sentencing and Procedure) Act (the “Act”) seems to be one of the most well-known sections of legislation amongst the laymen of NSW, but […]
