Case study: Section 10 dismissal saves a P1 rider’s licence
Our client is a 25 year old man who held an unrestricted Class C driver’s licence and a P1 Class R rider’s licence. He was pulled over while riding his motorcycle with his girlfriend as a passenger. Police issued two separate penalty notices:
- Riding a motorcycle exceeding the P1 limit (LAMS restriction breach) carrying a $644 fine and 7 demerit points.
- Carrying a pillion passenger while restricted as a P1 rider carrying a $387 fine and 3 demerit points.
In total, 10 demerit points were attached to the two fines. The client had already lost 3 demerit points for unrelated matters. If he paid both fines, he would have exceeded his demerit point limit and lost both his rider’s and driver’s licences. See check your demerit points and general NSW demerit points guidance. P1 rider rules include LAMS and pillion bans; see novice rider restrictions and the Learner Approved Motorcycle Scheme.
Why keeping his licence mattered
Driving was essential to his employment as a medical sales representative. He contacted Jameson Law for advice on how to keep his licence. Nora Sayed conducted a detailed consultation, examined the circumstances and our client’s subjective material, and advised him to elect both fines to court. Read more about court representation and the NSW criminal court process.
What we did
We prepared a comprehensive subjective bundle and sentencing submissions addressing need for a licence, employment hardship, prior record, and prospects of rehabilitation. We also addressed the relevant novice rider restrictions and proportionality of the penalties in the circumstances. For help preparing persuasive material, see our sentencing advocacy.
The outcome
The Magistrate dismissed both matters under Section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999. As a result, there was no conviction, no fine, and no demerit points. Our client kept the full use of his Class R and Class C licences and maintained his employment. Read the legislation: s 10 Crimes (Sentencing Procedure) Act 1999 (NSW).
Key takeaways for P1 riders
- P1 riders must comply with LAMS power and capacity rules and cannot carry a pillion. See Service NSW motorcycle licence guide.
- Demerit points accumulate across your licences. Check limits and status via Service NSW.
- If a loss of licence will threaten employment, get advice immediately about electing to court and options such as a plea for leniency or a possible s 10 outcome depending on the facts.
Need tailored advice now
If you are facing novice rider or demerit point issues, speak with our traffic offences team. We can assess your options and prepare strong submissions aimed at protecting your licence and livelihood. Contact Jameson Law or call (02) 8806 0866.
