Talon Legal won a P2 licence appeal for a young driver whose family relied on him to drive an elderly relative and a family member with disability, in a household stretched by shift work and interstate employment.
Our client held a P2 provisional licence. A speeding offence in the 20 to 29 km/h band, with the provisional condition breach that came with it, left five active demerit points recorded against him, and a disqualification notice followed. We appealed to the Adelaide Magistrates Court under section 81BB of the Motor Vehicles Act 1959 (SA), and the appeal was allowed.
Outcome at a glance
- P2 licence appeal allowed in the Adelaide Magistrates Court under section 81BB
- Disqualification removed
- Family transport arrangements kept in place
- Road safety education and a limited history answered the risk question
Background
The appeal centred on the people who relied on his driving rather than on employment income. Our client regularly drove an elderly relative to visit her husband in residential care, and he supported a younger family member with disability who depended on family transport.
One of his parents works shifts in health care. The other works interstate for about three weeks in every four. Those arrangements limited how much of his driving the household could absorb.
The law: whose hardship, and how much
Section 81BB(4)(a) asks whether, on evidence given on oath, the disqualification would cause severe and unusual hardship to the driver or a dependant of the driver. The Act does not define “dependant”. Where the Crown tenders previous offences, the court must also be satisfied that they do not indicate a substantial risk (section 81BB(4)(b)).
The cases show where the line sits. In Cavill v Registrar of Motor Vehicles [2013] SASC 33, the Supreme Court accepted that disqualification would cause hardship to a father and his children, but found it was not severe and unusual because it could be managed with help from family and the parents of school friends ([32]). A family hardship case has to show why the family cannot absorb the driving.
Why the licence was critical
The residential care visits were a settled part of the family’s support arrangements.
The family member with disability relied on transport to appointments and daily commitments. With one parent on shifts and the other interstate for most of each month, the household had no readily available substitute driver.
The evidence of hardship
The appeal book held letters from family members, material about the family member’s reliance on transport, an apology, a road safety certificate, financial records and character evidence.
One parent’s letter explained how the household worked: the other parent’s absence, the residential care visits, collecting groceries and the financial support the family was giving our client. Bank records showed a very limited balance and regular reliance on transfers from family.
Peripheral household matters were kept in the background so they did not distract from the strongest evidence.
The reliance was proved journey by journey: who, where, how often, and what would happen if the driving stopped.
Risk and insight
Our client accepted the speeding offence and completed an online road safety program. His apology addressed the seriousness of speeding on a provisional licence and the discipline he needed from then on.
His history was limited, which gave the court a basis to treat the offence as out of keeping with how he intended to drive.
The hearing
Our client gave sworn evidence about the offence, the family’s structure, the residential care visits, the transport for the family member with disability, his parents’ work, his finances and the transport alternatives.
Outcome
The Adelaide Magistrates Court allowed the appeal under section 81BB, and the disqualification was removed. Our client was able to continue the driving his family relied on.
Key takeaways
Family hardship evidence should identify the person, the journey, how often it happens and what follows if it stops.
Shift work and interstate rosters should be proved by direct evidence from the people who work them.
Financial dependence on family is worth documenting, even where the driver lives at home.
Cavill shows how these cases fail: hardship that family and friends can manage was found not to be severe and unusual.
Related licence appeal results
- Successful licence appeal in South Australia
- Provisional licence appeal for a warehouse shift worker
- Successful P2 licence appeal for a regional apprentice
Speak with Talon Legal about a licence appeal
If you are on your Ps and your family relies on your driving, a disqualification notice needs a prompt answer, and the family evidence takes time to put together. Book a same-day free 30-minute consultation or call (08) 7094 2021 to speak with a senior traffic lawyer, or read our guide to severe and unusual hardship in licence appeals.
