224When immediate licence suspension notice may be issued by police officer

#### 224 When immediate licence suspension notice may be issued by police officer 224 When immediate licence suspension notice may be issued by police officer (cf Gen Act, ss 205(1)–(2), (4) and (7) and 206(1)–(2B), (4) and (5)) > > (1) A police officer may give a driver a suspension notice (an immediate licence suspension notice) in any of the following circumstances— > > > > > (a) if the driver is charged by a police officer (whether or not the same police officer) with an offence involving the death of, or grievous bodily harm to, another person caused by the use of a motor vehicle, being an offence that comprises— > > > > > > > (i) the crime of murder or manslaughter, or > > > > > > > (ii) an offence against section 33, 35(2), 52A or 54 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (a1) if it appears to a police officer (whether or not the same police officer) that the driver has committed an offence against section 110(1), (2) or (3), > > > > > (b) if the driver is charged by the police officer or another police officer with an offence against section 110(4) or (5), 112(1), 115 or 116(2) or clause 16(1)(b), 17(1)(a1) or (2) or 18(1)(a), (b) or (e) of Schedule 3, > > > > > (c) if it appears to a police officer (whether or not the same police officer) that the driver has committed an offence against this Act or the statutory rules (other than a camera recorded offence within the meaning of Division 2 of Part 7.3) of— > > > > > > > (i) exceeding a speed limit prescribed under this Act by more than 45 kilometres per hour, or > > > > > > > (ii) exceeding a speed limit prescribed under this Act by more than 30 kilometres per hour but not more than 45 kilometres per hour, as the holder of an applicable learner licence or applicable provisional licence for the class of vehicle being driven or as the holder of a foreign driver licence, > > > > > (d) if it appears to a police officer (whether or not the same police officer) that the driver has committed an offence against the statutory rules of being the holder of an applicable learner licence driving unaccompanied by a supervising driver. > > > (2) An immediate licence suspension notice may be given to a driver at any time within 48 hours of— > > > > > (a) the driver being issued with a penalty notice for the offence concerned, or > > > > > (b) the driver being charged with the offence concerned. > > > (3) An immediate licence suspension notice for the purposes of this section is a notice in a form approved by Transport for NSW that informs that driver of the following— > > > > > (a) the relevant suspension information for the driver concerned that is referred to in subsection (4), > > > > > (b) the driver’s right of appeal under Part 7.8. > > > (4) The relevant suspension information for an immediate licence suspension notice for a driver is as follows— > > > > > (a) if the driver holds a driver licence issued in this jurisdiction and is charged with an offence referred to in subsection (1)(a), (a1), (b), (c) or (d)—a statement to the effect that any driver licence held by the driver is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until the charge is heard and determined by a court (or until the charge is withdrawn), > > > > > (b) if the driver is an authorised visiting driver and is charged with an offence referred to in subsection (1)(a), (a1), (b), (c) or (d)—a statement to the effect that the driver’s authority to drive in this jurisdiction is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until the charge is heard and determined by a court (or until the charge is withdrawn), > > > > > (b1) if the driver holds a driver licence issued in this jurisdiction and is issued with a penalty notice for an offence referred to in subsection (1)(a1)—a statement to the effect that any driver licence held by the person is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until whichever of the following happens first— > > > > > > > (i) a period of 3 months elapses after the date on which the offence is alleged to have been committed, > > > > > > > (ii) if the driver elects to have the matter determined by a court in accordance with Part 3 of the [Fines Act 1996](/view/html/inforce/current/act-1996-099)—the matter is heard and determined by a court or a decision is made not to take or continue proceedings against the person, > > > > > > > (iii) a decision is made not to enforce the penalty notice, > > > > > (b2) if the driver is an authorised visiting driver and is issued with a penalty notice for an offence referred to in subsection (1)(a1)—a statement to the effect that the driver’s authority to drive in this jurisdiction is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until whichever of the following happens first— > > > > > > > (i) a period of 3 months elapses after the date on which the offence is alleged to have been committed, > > > > > > > (ii) if the driver elects to have the matter determined by a court in accordance with Part 3 of the [Fines Act 1996](/view/html/inforce/current/act-1996-099)—the matter is heard and determined by a court or a decision is made not to take or continue proceedings against the person, > > > > > > > (iii) a decision is made not to enforce the penalty notice, > > > > > (c) if the driver holds a driver licence issued in this jurisdiction and is issued with a penalty notice for an offence referred to in subsection (1)(c) or (d)—a statement to the effect that any driver licence held by the person is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until whichever of the following happens first— > > > > > > > (i) a period of 6 months (in the case of an offence referred to in subsection (1)(c)(i)) or 3 months (in the case of an offence referred to in subsection (1)(c)(ii) or (d)) elapses after the date on which the offence is alleged to have been committed, > > > > > > > (ii) if the driver elects to have the matter determined by a court in accordance with Part 3 of the [Fines Act 1996](/view/html/inforce/current/act-1996-099)—the matter is heard and determined by a court or a decision is made not to take or continue proceedings against the person, > > > > > > > (iii) a decision is made not to enforce the penalty notice, > > > > > (d) if the driver is an authorised visiting driver and is issued with a penalty notice for an offence referred to in subsection (1)(c) or (d)—a statement to the effect that the driver’s authority to drive in this jurisdiction is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until whichever of the following happens first— > > > > > > > (i) a period of 6 months (in the case of an offence referred to in subsection (1)(c)(i)) or 3 months (in the case of an offence referred to in subsection (1)(c)(ii) or (d)) elapses after the date on which the offence is alleged to have been committed, > > > > > > > (ii) if the driver elects to have the matter determined by a court in accordance with Part 3 of the [Fines Act 1996](/view/html/inforce/current/act-1996-099)—the matter is heard and determined by a court or a decision is made not to take or continue proceedings against the person, > > > > > > > (iii) a decision is made not to enforce the penalty notice. > > > (4A) If a driver is given an immediate licence suspension notice under subsection (1) in relation to an offence against section 110, other than a driver issued with a penalty notice for an offence under section 224(1)(a1), and the driver is subsequently charged with an offence against section 111A, the licence suspension continues until— > > > > > (a) the charge for the offence against section 111A is withdrawn or heard and determined by the court, and > > > > > (b) any other charges for which the immediate licence suspension notice was given are withdrawn or heard and determined by the court. > > > (5) Particulars of each immediate licence suspension notice given under this section are to be forwarded to Transport for NSW immediately after the notice is given. > > > (6) For the purposes of this section— > > > > > (a) a person is charged with an offence when particulars of the offence are notified in writing to the person by a police officer, and > > > > > (b) a charge is withdrawn when the person charged is notified in writing of that fact by a police officer or when it is withdrawn before the court, and > > > > > (c) a charge is determined by a court when the offence is proved or the court attendance notice is dismissed, and > > > > > (d) a decision is made not to take or continue proceedings against a person when the person is notified in writing of that fact by a police officer or the proceedings are discharged by the court, and > > > > > (e) a decision is made not to enforce a penalty notice in relation to a person when the person is notified in writing of that fact by— > > > > > > > (i) a police officer, or > > > > > > > (ii) an appropriate officer for the penalty notice within the meaning of Part 3 of the [Fines Act 1996](/view/html/inforce/current/act-1996-099), or > > > > > > > (iii) the Commissioner of Fines Administration. > > **s 224:** Am 2013 No 82, Sch 2.13; 2014 No 49, Sch 1 \[4\]; 2018 No 15, Sch 1 \[17\]; 2018 No 54, Sch 1 \[17\]–\[19\]; 2020 No 33, Sch 1\[18\] \[33\]; 2021 No 3, Sch 1\[18\].