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01
Apr

Requesting a review of an infringement notice

No one likes to receive an infringement notice. But in some circumstances, you may be able to avoid the cost and demerit points. This can be done by requesting a review of the infringement notice. There are a number of circumstances in which you can request a review. There are also guidelines covering which matters may be considered and which will not be considered for review. If you are going to request a review of an infringement it is important that you do so within the time limits and provide supporting documentation. It is also worth knowing which offences are not eligible for a review and what alternatives are available.

When can you request a review of an infringement notice?

There are 3 main categories for requesting a review of an infringement notice:

  • Where you believe it has been issued incorrectly
  • If have extenuating circumstances
  • If you are requesting leniency based on your good driving record

If someone else was driving do not request a review of the infringement. You need to nominate that person. This can be done online at www.revenue.nsw.gov.au If you do not nominate someone else you may lose demerit points. After a certain period of time this cannot be reviewed or reversed.

What information do you need to include with a review request

Depending on why you are asking the infringement to be reviewed there may be evidence to support your claim. This can include things such as:

  • Photos
  • Medical records
  • Dashcam footage
  • Toll records

It is important that you include this with your review request. If you fail to attach any evidence to support you review the matter may be delayed.

How do I prove I have a ten year clear driving record?

If you have a 10 year clear driving record within New South Wales then there is no need to provide it. Revenue NSW and the SDRO will be able to access your record and verify your claim. If part of the 10 year period relates to a licence held in another state or territory then you will need to obtain a certified copy and provide this with your request for a review. International licences and traffic records are not taken into account. This is due to differing laws and standards in other countries.

What are the possible outcomes of a request to review an infringement notice?

Once your claim has been reviewed it can be dealt with in one of three ways:

  • Upheld : This means that your request for a review has been rejected. The penalty notice stands, and you are required to either pay it or elect to have it determined by a court.
  • Caution : If you receive a caution it means that you do not have to pay the fine and no demerit points are added to your record. The issuing of a caution for an offence will be recorded on your traffic record
  • Cancellation: The fine has been issued in error and cancelled. No payment is required, and no demerit points will be incurred.

Can I request a review of any type of infringement notice?

You can request a review of any infringement notice. However, there are strict guidelines which mean that requests for a review of certain offences will immediately be refused. Below is a summary of the main infringement types which are not eligible for a caution to be issued:

Infringements not eligible for a caution

What is the time limit for a review of an infringement notice?

The time limits for reviewing an infringement notice are set out in section 24A of the Fines Act (NSW) 1996. A review must be made in writing and must be made no later than the due date on the penalty reminder notice. A reminder notice is typically sent about 28 days after the initial infringement notice has been issued. If you have paid an infringement in full without having received a reminder notice you can still request a review up to 60 days after the notice was received.

Why would my review be refused?

Hundreds of requests for review are made every day. In addition to certain offences being ineligible for review there are also a range of reasons or excuses which are not accepted. Here are some of the most commonly rejected grounds for requesting a review of an infringement notice:

Excuses for leniency of a fine

What if my infringement review is rejected?

If your request to review an infringement notice is refused you can either pay the infringement or elect to have it determined by a court. Taking a fine to court is a risk. If you are not successful it can cost a lot more than the value of the fine. It’s important to know that if you are found guilty or plead guilty the court has no power over demerit points. They will be applied by the RMS and the court cannot prevent this or reduce the number of points applied. The maximum penalty a court can impose is often more than the amount on the infringement. Additionally, a court will impose court costs and also has the option to disqualify your licence in some instances. If found guilty you will often also have a conviction recorded.  The only way to avoid the fine and demerit points is if you are found not guilty or if the court decides to proceed without recording a conviction.

What other alternatives are there?

Some infringements will almost certainly result in the suspension of your licence. These include speeding infringements for 30km/h or more over the limit, or if you receive any speeding infringement on a P1 or P2 licence. If this happens it is almost always better to pay the infringement and then lodge an appeal against the RMS decision to suspend your licence. If you hold an unrestricted licence and the infringement will cause you to exceed your demerit point threshold you can apply to the RMS for a good behaviour licence.

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