What is a Section 79E variation?

When you are charged with a serious traffic offence, such as high-range drink driving (UIL) or dangerous driving, police will often issue a “Notice of Suspension” that instantly suspends your driver licence until your matter is finalized in court.

Under Section 79E of the Transport Operations (Road Use Management) Act, you can apply to the Magistrates Court for an order permitting you to drive pending the outcome of the substantive charge.

However, this is exceptionally difficult to obtain. You must prove on the balance of probabilities that the police case against you is completely defective or that keeping the suspension in place will cause extreme, unjustifiable hardship prior to a finding of guilt. Contact our traffic team immediately if you have been issued an instant suspension.