148Certain decisions stayed only in exceptional circumstances

148 Certain decisions stayed only in exceptional circumstances

148 Certain decisions stayed only in exceptional circumstances

(1) The Local Court may, in an appeal against a decision of a police officer to give a person an immediate licence suspension notice, make an order staying the decision.

(2) The Local Court may, in an appeal against the following decisions of Transport for NSW, make an order staying the decision—

(a) a decision to suspend the registration of a heavy vehicle under the Road Transport (Vehicle Registration) Regulation 2017, clause 46, or

(b) a decision to vary, suspend or cancel the driver licence of a driver of a heavy vehicle under the Road Transport (Driver Licensing) Regulation 2017, clause 66, or

(c) a decision of Transport for NSW, based on an opinion formed by Transport for NSW under the Road Transport (Driver Licensing) Regulation 2017, clause 96(4)(i), a driver of a heavy vehicle has ceased to be exempt from the requirements of the driver licensing law.

(3) The order to stay the decision may only be made—

(a) for an appeal under subsection (1)—in exceptional circumstances, or

(b) for an appeal under subsection (2)—in exceptional circumstances and after the Court considers the circumstances of aggravation, if any.

(4) In determining if there are exceptional circumstances, the Local Court is to take into account each of the following—

(a) the strength of the prosecution evidence,

(b) the affected person’s need for a licence,

(c) in relation to an appeal against a decision of a police officer to give the person an immediate licence suspension notice—the potential danger to the community if an order is made,

(d) in relation to an appeal against a decision of Transport for NSW to suspend the registration of a heavy vehicle—the hardship likely to be experienced by the registered operator of the vehicle,

(e) any other matter the Local Court considers to be relevant.