On whether equivalent interstate traffic convictions count for the purposes of section 9 of the Road Transport Act 2013 (NSW)

By David P Rofe (The author would like to thank Ms Lily Davies for her assistance with this post)

There is confusion amongst the legal fraternity as to whether equivalent interstate traffic convictions can be taken into account in determining whether an offence under the Road Transport Act 2013 (NSW) (‘the Act’) is a ‘first offence’ or a ‘second or subsequent offence’. This area of law is in need of reform, or a Supreme Court judgment, in order to provide clarification to legal practitioners, police prosecutors, and Magistrates. The source of the confusion is analysed below. Continue reading “On whether equivalent interstate traffic convictions count for the purposes of section 9 of the Road Transport Act 2013 (NSW)”