RMS Technologies Page 9 Version 1.02 R325 Single Axis Controller/Driver Manual January 24, 2004 Using the R325 as a Driver Unit Only If using the R325 as a Driver only, be sure to connect the power supply last. Pin1: Connect Pin 1 to Pin 4 to use the internal +5VDC. By using the internal +5VDC the I/O’s will no longer be optically isolated. True RMS Bench Digital Multimeters Model 2831E MSRP $399 / 1 Yr Warranty. USB Virtual COM Drivers (Supports Windows 7/8/8.1/10) V6.7.5: CP210XUSBDriver.zip. If you've received a penalty notice but weren't the driver or person responsible for the offence, in order to transfer the penalty you'll need to nominate whomever was responsible. Some offences, such as camera detected offences and parking in a school zone, will apply demerit points to a driver licence, so it's important the correct person is.

Which licence suspensions can be appealed?

Learner, Provisional P1 or P2 drivers

• RMS licence suspensions for exceeding the demerit point limit
• RMS licence suspensions for speeding 30km/h or 45km/h over the limit (camera detected only)
• If you have been issued a suspension notice by the police you need to follow the process for immediate police suspensions.

P2 drivers who receive a suspension for unsafe driving behaviour must stay on their licence for an extra 6 months for every suspension they receive. For example if a P2 licence holder receives demerit point suspension, they will have to hold their P2 licence for the normal 24 months but will stay on their P2 for an extra 6 months, before being.

Unrestricted drivers

• RMS licence suspensions for speeding 30km/h over the limit
• RMS licence suspensions for speeding 45km/h over the limit (camera detected only)
• If you receive a notice of suspension for exceeding the demerit point limit or breaching a good behaviour licence you cannot lodge an appeal. See our FAQ below for further information. If you have been issued a suspension notice by the police you need to follow the process for immediate police suspensions.

What is the time limit for an appeal?

Suspension notices issued by the RMS are subject to a very strict timeframe of 28 days. The 28 day period begins when the notice of suspension is posted to you at the most recent address record on the RMS records. This date can be found on the top left corner of your suspension notice.

If you attempt to file an appeal outside of the 28-day timeframe, it will most likely be rejected. If you are able to file the appeal, the court may determine that it has no jurisdiction for the court to hear the matter and dismiss your appeal.

Steps in an RMS licence suspension appeal

The licence appeal process can be a difficult one if you are unprepared. It can be broken down into the following steps:

1. Receive an infringement notice for an excessive speed and/or an infringement which will result in you exceeding your demerit point threshold
2. Pay the infringement in full or enter into a payment plan. Or if you elected to have the matter heard by a court and were convicted. It is at this time the RMS will send you a notice of suspension.
3. Receive notice of suspension from RMS indicating that the RMS have made a decision to suspend your drivers licence
4. Draft and lodge an appeal against the decision of RMS to suspend your licence within 28 days. A court location and date will be allocated.
5. Attend court and proceed with the licence appeal hearing. After your case is heard the Magistrate will deliver their decision immediately.

There is no avenue of appeal if you are unhappy with the court’s decision. Retaining a lawyer to assist you with your appeal will help to give you your best chance, in all of the circumstances.

How is an RMS licence suspension appeal determined?

RMS licence suspension appeals are heard in the Local Court of New South Wales. Traditionally, they are heard at the closest Local Court to the address on your drivers licence. It is imperative to be prepared before the court hears your appeal. Being unprepared may result in the court dealing with the matter unfavourably and dismissing your appeal.

When you appeal the decision of the RMS to suspend your drivers licence, the court considers many things including whether or not you are a fit and proper person to hold a drivers licence, your traffic record and whether you have a need for a licence. The court can also consider the circumstances of the offences which have caused the suspension however they cannot redetermine your guilt or innocence.

This list is not exhaustive, and you should always seek legal advice if you are unsure.

Possible outcomes of an RMS licence suspension appeal

The Local Court has ability to exercise the same powers that the RMS had when they made the decision to suspend you. The 3 main outcomes of a licence appeal are:

That the appeal is allowed:

This means that you do not spend any time off the road, at all. If you are a provisional licence holder or learner appealing a demerit point suspension, the demerit points remain on your record, and they have the ability to count towards future suspensions.

The appeal is dismissed and varied:

This means that the court has seen fit to impose some period of suspension. The court can vary the period of suspension as much or as little as it deems appropriate.

If you are a provisional licence holder or learner appealing a demerit point suspension, the relevant demerit points are reset after the period of suspension imposed and will no longer they have the ability to count towards future suspensions.

The appeal is dismissed:

This means that the court has not seen fit to show leniency to you. You will be required to serve the period of suspension indicated on your notice of suspension (usually either 3 or 6 months). The suspension period will commence immediately, unless the court specifically orders otherwise.

The RMS and court will not send you another notification warning you that your licence is suspended. If you are caught driving after being suspended, you will not be able to defend the matter on the basis that the RMS did not send you another letter notifying you of the suspension period.

Remember, there is no avenue of appeal if you are unhappy with the courts decision. Retaining a lawyer to assist you with your appeal will help to give you your best chance, in all of the circumstances.

Driver knowledge tests

If you have had two or more suspensions in the last 5 years, regardless of the length of that suspension, the RMS may require you to sit the Driver Knowledge Test before you are able to recommence driving.

Warning of this will usually come on your second (or subsequent) suspension notice, as is relevant, during the 5 year period.

You will not be reminded after court, and if you are caught driving without having done the Driver Knowledge Test you won’t be able to defend the matter successfully on the basis that you didn’t know you had to do it.

Extension of provisional periods

At a minimum, everyone must hold a P2 licence for 24 months. Every suspension period you receive (either from the RMS or Police) will add an extra 6 months to that 24 month period.

This means, if your licence is suspended twice whilst you hold your P2 licence, you will be required to hold that P2 licence for 36 months before you can progress to your unrestricted licence.

Similarly, any time your P1 or P2 licence is suspended, the period of suspension is not counted towards the total minimum time required for that class of licence.

This means, that if you are a P1 licence holder is suspended for 6 months, that 6 month period does not count towards the 12 month total minimum period that you have to hold that licence.

Why choose Astor Legal

Astor Legal are experts in traffic and criminal law. All of our lawyers are experienced in RMS licence suspension appeals. Our lawyers will take the stress out of an unfamiliar and complex process. We will work with you to prepare your matter and then represent you at court. We ensure that every relevant matter is brought to the attention of the court to maximise the likelihood of a successful appeal. Take advantage of our obligation free case assessment and find out how we can get the best outcome for your matter.

Frequently Asked Questions

Once you’ve held your provisional P1 licence for at least 12 months, you can apply for a provisional P2 licence.

Getting your P2 licence

To apply for your P2 licence you must:

• Have held your P1 licence for at least 12 months
• Pay the licence and test fees, unless you’re eligible for a concession.

Most customers can apply for a P2 licence online. If you apply online you must make sure you have the correct P plates to display while you are driving.

If your P1 licence was issued before 20 November 2017, you may need to complete a Hazard Perception Test (HPT) to progress to a P2 licence.

Once you pay the required fees and pass the driving test (if required), you’ll receive a temporary licence to drive with until your new card arrives.

Your P2 licence is valid for 36 months. After 24 months, you can upgrade to a full unrestricted licence, as long as you haven't been suspended for unsafe driving behaviour.

P2 drivers who receive a suspension for unsafe driving behaviour must stay on their licence for an extra 6 months for every suspension they receive. For example if a P2 licence holder receives demerit point suspension, they will have to hold their P2 licence for the normal 24 months but will stay on their P2 for an extra 6 months, before being able to apply for a full licence. Each separate suspension delays the P2 licence holder an extra 6 months. P2 drivers who do not get a suspension are not affected by these changes.

Rules for P2 drivers

Drivers Rms Test

In addition to complying with the NSW Road Rules, you must:

• Display P plates (green P on a white background) clearly on the outside of the front and back of the vehicle. The letter P on the plate must not be hidden. If you’re towing a trailer, a P plate must be on the back of the trailer
• Observe the posted speed limit and never drive over the maximum speed limit of 100 km/h
• Not have any alcohol in your system when you drive a vehicle. It’s also illegal to drive under the influence of drugs
• Not supervise a learner driver
• Ensure all occupants, including yourself, are in a seat with a seatbelt or an approved restraint fitted, with each passenger using the seatbelt or restraint
• Not use any mobile phones, including hand free devices or loudspeaker, while driving or while your vehicle is stopped but not parked

Failure to follow any of these rules is an offence and carries heavy penalties, including loss of licence.

You must comply with these NSW rules when you are driving interstate or overseas. You should also make yourself aware of any licensing or driving laws that another jurisdiction may apply to you as a visiting novice driver.

Demerit points

Demerit points apply to P2 drivers. Your P2 licence will be suspended or refused if you reach or exceed 7 demerit points. P2 drivers who receive a suspension for unsafe driving behaviour must stay on their P2 licence for an extra 6 months for every suspension they receive.

Speeding offences

If you commit any speeding offence you’ll receive a minimum of 4 demerit points. A suspension or refusal period also applies for any excessive speed offence (more than 30km/h over the speed limit).

Passenger conditions

If you’ve been disqualified for any driving offence committed on or after 11 July 2005, when your disqualification period ends you must not carry more thanone passenger at any time while driving. This condition will apply for 12 months. This is known as the ‘one passenger condition’.

You may apply for an exemption by attending a service centre in person, completing the P1/P2 passenger or vehicle exemption form and paying the application fee.

Exemptions from the one passenger condition will only be granted in exceptional circumstances. You must provide reasons why your situation is exceptional.

If an exemption is granted, it will be limited to specific circumstances such as employment, and may also be limited to certain vehicles.

You must notify Transport for NSW within 14 days if you have changed any circumstances which affect your exemption, including if you no longer require the exemption, or if the exemption letter needs replacing. A further fee may apply.

More information

See the Frequently asked questions, or contact us for more information.

Prohibited vehicles

Prohibited vehicle conditions apply to provisional licence holders to keep novice drivers safe on our roads.

From 1 August 2014, a high performance vehicle is defined as a vehicle which:

• Has a power to tare mass ratio (PMR) of greater than 130 kilowatts per tonne or
• Has had a significant engine modification (PDF, 262Kb), or
• Is listed in the Transport for NSW document Novice Driver- High Performance Vehicle Restrictions as a high-performance vehicle.

Please go to the Prohibited vehicles- definitions page to see how the PMR is calculated.

Note: An exception from the prohibited vehicles condition applies if:

1. You obtained a provisional licence before 1 Aug 2014 and continue to hold that licence, and
2. The vehicle you are driving is now prohibited under the above definition, but was not previously prohibited under the previous definition.

You must not drive a banned vehicle unless you have been issued with an exemption.

You may apply for an exemption by attending a registry or service centre in person, completing the P1/P2 passenger or vehicle exemption form and paying the application fee.

An exemption from the prohibited vehicle condition may be granted if:

• A prohibited vehicle needs to be driven for genuine employment purposes
• A 4-wheel-drive vehicle with power to tare mass ratio (PMR) greater than 130 kilowatts per tonne is required by a country driver who has no practical alternative

If an exemption is granted, you must carry the exemption letter issued by Transport for NSW while driving the vehicle.

You must notify Transport for NSW within 14 days if you have changed any circumstances which affect your exemption, including if you no longer require the exemption, or if the exemption letter needs replacing. A further fee may apply.

Need help?

For guidance about which vehicles you can and cannot drive, enter a vehicle's details into the P1/P2 vehicle search.

For more information, please see the Frequently asked questions, or contact us. You can also read the announcement by the Minister for Roads and Freight.

Definitions

See Prohibited vehicles - definitions for detailed information and definitions of terms related to prohibited vehicles.

Upgrading to a heavy vehicle licence

If you hold a P2 licence, you can upgrade to a heavy vehicle licence of classes LR, MR or HR. See Getting a heavy vehicle licence for more information.

Progressing to a full licence

Drivers Msi

Once you’ve held your P2 licence for at least 24 months, you can progress to the next licence stage and apply for a full driver licence.

If your licence is suspended

Rms Drivers Licence Renewal

Any period that your P2 licence is suspended is not counted towards your full licence. P2 drivers who receive a suspension for unsafe driving behaviour must stay on their P2 licence for an extra 6 months for every suspension period, before you can apply for a full licence.

Court disqualification

If you’re disqualified from driving by a court while on your P2 licence, your licence will be cancelled immediately and permanently. In these circumstances, the time you’ve accumulated is forfeited. This means that when the disqualification period ends, you’ll have to apply for a new P2 licence and complete the 24 months again, before you can apply for a full licence.

Liquor Act offences

Rms Drivers Licence Check

It’s an offence under section 129 of the Liquor Act 2007 to use false documents to gain access to licensed premises or to purchase alcohol. If you’re convicted of such an offence while holding a P2 licence, you’ll be required to hold your P2 licence for an additional 6 months, therefore 30 months in total.