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](/view/html/inforce/current/sl-2017-0451), 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](/view/html/inforce/current/sl-2017-0450), 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](/view/html/inforce/current/sl-2017-0450), 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. > > > (5) In determining if there are circumstances of aggravation, the Local Court is to take account of whether the relevant heavy vehicle— > > > > > (a) caused damage to road infrastructure, or > > > > > (b) was involved in an accident, or > > > > > (c) caused a danger or obstruction to traffic, or > > > > > (d) caused an adverse effect on public amenity.