Operators of Heavy Vehicles and all persons (including corporations) involved in a chain of responsibility for a heavy vehicle should be aware of their Primary Duty in accordance with s.26C of the Heavy Vehicle National Law (HVNL). If you have a HVNL matter you’d like to discuss with an expert…
7 January 2021 DISQUALIFICATION REMOVAL ORDER If you are disqualified from holding a driver licence for some time into the future you may be eligible to apply for removal of it. Today, a driver licence is a necessity for work, family, social interaction, attending sporting commitments, shopping and perhaps medical…
There are currently a number of restrictions on what you can and can’t do and where you can and can’t go. Under Order 5(1) the Minister has directed that a person must not without reasonable excuse, leave the person’s place of residence. SCHEDULE 1 lists the reasonable excuses available for…
As from 20 May 2019, Low Range, Special Range and Novice Range drink driving together with drug driving will be dealt with by way of a Penalty Notice and 3 month licence suspension. In some respect this new procedure will advantage an offender in not having to attend court and…
Mid range drink driving laws have changed recently in NSW. In 1980, 389 people lost their lives in alcohol-related motor vehicle crashes, representing some 30% of the road toll. In the years following, various governments have brought in stringent drink driving laws, and later, drug driving laws, to impact upon…
Are you a disqualified driver in NSW? If you are disqualified from holding a driver licence, and will be, for a number of years into the future, chances are you may be eligible to apply to have that disqualification either reduced or removed completely. A driver licence in our day…
Compliance with driver rest periods is often breached and sometimes not the intentional fault of the driver. It is important to plan your trip for the purposes of taking the necessary rest stops so that you can comply with truck driver log book rules. The regulation that seems to give…
New changes to take effect – 3 December 2016. The State Government has decided that they need to make changes to the Crimes (Domestic and Personal Violence) Act. As if it’s not a big enough industry now, it will undoubtedly become bigger. The Government says that the revision is in…
By Peter C Proctor 2 December, 2016 Truckies driving all Australia are often targeted, perhaps unfairly for minor infractions of the law. This can prove disastrous resulting in the loss of licence and loss of business for a period, but an experience traffic lawyer may be able to help you…
By Peter C Proctor LL.B. 26 November 2016 Bail NSW will soon be changed in that the “Show Cause” considerations under s.16A have been amended (see Bail Amendment Bill 2015) and will involve some additions, as set out below. This amendment is expected to be proclaimed soon (as of mid-November…
By Peter C Proctor LL.B. 20 November 2016 Now certain offenders charged with aggravated break and enter type offences in NSW can have their matters dealt with in the Local Court (summary jurisdiction). This is because on 28 September, 2016 the Criminal Procedure Amendment (Summary Proceedings for Indictable Offences) Act…
We have a new group of pages within our main website which will help to explain heavy vehicle laws for truck drivers. Proctor & Associates’ truck lawyer will advise you on the best course of action to take should you find yourself charged with a heavy vehicle traffic offence. Heavy…
New Drink Driving Laws have been recently passed by the NSW State Government. The Road Transport Amendment (Mandatory Alcohol Interlock Program) Bill 2014 introduces a Mandatory Interlock Program for offenders convicted of repeat and serious drink driving offences. The legislation is also aimed at licence holders who repeatedly exceed their…
Following the introduction of the 2013 Bail Act on 20th May 2014, there has been much criticism that persons who shouldn’t be walking free are doing so as a result of these changes. Consequently, amendments to the Bail Act 2013 are commencing later January, 2015. TO BAIL OR NOT TO…
In 2012 the NSW State Government, in an effort to confront and control the behaviour of “outlaw bikie gangs”, amended the old NSW consorting laws and brought in new legislation by way of the Crimes Amendment (Consorting and Organised Crime) Act 2012. The provisions came into force on 9th April…
Please note: this information has now been updated, and the new laws are summarised on our Heavy Vehicle National Law page. On Monday 10th February, 2014, the New South Wales Governor, proclaimed the commencement of the Heavy Vehicle (Adoption of National Law) Act 2013. The Heavy Vehicle (Adoption of National…
On 31 January, 2014 the Crimes and Other Legislation Amendment (Assault and Intoxication) Bill 2014 was assented to and became law, having passed through both houses of Parliament. Alcohol fuelled violence has been at the forefront of media releases over the latter end of 2013 and January, 2014 where, in…
Legislative Darkness on the Sunshine Coast Those of us in the Legal Profession have long known that the principle of attributing guilt to a person because of his/her association with persons, commonly referred to as ‘Guilt by Association’ is hardly a conclusion that can be arrived at to prove a…
There is currently much ado about how to tackle violent street crime “fuelled” by alcohol. Various groups call for tougher laws, others blame Magistrates and Judges for not being tough enough on criminals at first instance, whilst other groups call for curtailment of the availability of alcohol. We live in…
Ken was at a function one Friday night in the city. He arrived at the venue about 8pm and during the evening was very careful about how much he had to drink, as he had to drive his wife and himself home at the end of the night. Between 8pm…