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LICENCE APPEALS

To effectively deal with a license suspension in New South Wales, it is crucial to understand your rights and the complexities of a licence appeal in order to restore your driving privileges. The repercussions of a licence suspension can be substantial, especially if your license is required for your employment or other essential activities.

If your driver's license has been suspended by police or you've received a notice from Transport for NSW, you may be eligible to apply for a licence appeal.

THE CAUSES OF A LICENCE SUSPENSION

A licence suspension may be caused by a variety of reasons including breaching a licence condition through an accrue of demerit points or committing a serious traffic offence that prompts the police to suspend the license either immediately or within 48 hours of the offence or at issuance of the penalty notice. Additionally, a court can also disqualify you from driving.

WHAT IS A POLICE SUSPENSION?

A police suspension occurs automatically when you’re stopped by the police where a fine is issued regarding your traffic or speeding offence, and you are notified that your licence is suspended on the spot.

In the circumstances where this occurs, you are forbidden to drive away and will require another individual to pick up your vehicle from where you have parked and were pulled over.

Your licence is likely to be suspended immediately by the police when:

  • A serious accident causing death or grievous bodily harm occurs

  • Speeding in excess of 45km/hr over the speed limit (Full Licence holders)

  • Speeding in excess of 30km/hr over the speed limit (Learner of Provisional Licence holders)

  • Driving with a prescribed concentration of alcohol (PCA) or under the influence of alcohol or drugs (DUI)

  • Taking part in street racing and other hoon offences

  • Driving without supervision (Learner Licence holders)

The licence suspension will remain until the appeal is heard in court. You may NOT drive during this period.

Once the appeal is heard by the Court, its decision is conclusive, and another appeal cannot be made. However, if there is a missed court appearance, there may be eligibility to submit an annulment application.

WHAT IS A NOTICE OF SUSPENSION?

A notice of suspension if when a letter by Transport for NSW, informs of the suspension date for your licence. This type of licence suspension does not automatically lead to court attendance. There are various mechanisms to contest the licence suspension, it depends on the type of nature in which the suspension is imposed.

If a licence appeal has been lodged for a suspended licence by Transport for NSW, the driving disqualification period will be put on hold until the court reviews the appeal. Individuals can proceed to continue driving until the appeal is heard. It’s advisable to verify if the suspension has been stayed before continuing to drive, this can be checked through Service NSW.

WHEN CAN A LICENCE SUSPENSION BE APPEALED?

A licence appeal is eligible if the traffic offence falls under the following:

Learner, Provisional P1 or P2 Licence

  • Licence suspensions for exceeding demerit point limit

  • Speeding 30km/h or 45km/h over the limit (camera detected only)

  • If you have been issued a suspension notice by the police you need to follow the process for immediate ‘police suspensions’.

Unrestricted Licence

  • Speeding 30km/h over the limit

  • Speeding 45/km over the limit (camera detected only)

  • If you have been issued a suspension notice by the police you need to follow the process for immediate ‘police suspensions’.

If you receive a notice of suspension for exceeding the demerit point limit or breaching a good behaviour licence, you are NOT eligible to lodge an appeal. We advise you to speak to a lawyer as there may be other avenues to keep your licence.

TIME LIMITS TO FILE A LICENCE APPEAL

Any appeals regarding licence suspension issued by Transport for NSW must be submitted to the Local Court within a strict timeframe of 28 days. The 28 day period begins when the notice of suspension is posted by mail, this date can be located on the top left corner of the suspension notice letter.

If there is an attempt to lodge an appeal outside of the 28 day timeframe, it will most likely be rejected. If you are able to file the appeal, the court may determine it has no jurisdiction for the court to hear the matter and dismiss your appeal.

We strongly advise to seek legal advice and work with a lawyer to prepare a defence case as early as possible, to avoid any potential issues that could prevent the appeal from being heard in court.

GROUNDS FOR APPEALING A LICENCE SUSPENSION?

The grounds for applying for licence appeal may involve the following:

  • Your purpose for a licence

  • Your previous traffic record

  • The circumstances of the offence

  • Whether the loss of licence will negatively impact your employment

  • Any medical conditions you are diagnosed with

  • Whether your character is fit and proper to hold a drivers licence

  • Completion of a traffic offenders program

Appeals regarding licence suspension are heard at the nearest Local Court to the address listed on the driver’s licence at the time of the offence. It is imperative to thoroughly prepare before the appeal hearing. A lack of adequate preparation could lead to the court handling your case unfavourably and rejecting your licence appeal. This list is not exhaustive, and we strongly advise to always seek legal advice at your earliest convenience.

POSSIBLE OUTCOMES OF A LICENCE APPEAL

  • LICENCE APPEAL IS ALLOWED

    Licence is no longer restricted and you may continue driving on the road.

    For provisonal and learner licence holders that are appealing a suspension due to an accrue of demerit points. The demerit points will remain on the driving record, and will have the ability to contribute to any future suspensions.

  • LICENCE APPEAL IS DISMISSED OR VARIED

    The court has seen fit to impose a period of licence suspension. This period can vary to a maximum or minimum amount of time depending on what is deemed appropriate by the magistrate.

    For provisional and learner licence holders appealing a suspension due to an accrue of demerit points. The relevant demerit points will reset after the period of suspension is completed and will not be able to contribute to any future suspensions.

  • LICENCE APPEAL IS DISMISSED

    The court has not seen fit to show leniency to the licence suspension imposed. The accused will require to serve the period of suspension as indicated on the notice of suspension (3 or 6 months). The suspension period will commence immediately, unless ordered by court otherwise.

    Transport for NSW will not notify a warning of the suspension again. Therefore, the reason of not being notified cannot be relied on if caught driving after being suspended.

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