Licence Appeals

Driving and traffic offences

In NSW, there are certain situations which might lead to your licence being suspended. In some case, an appeal is available to uplift the suspension imposed by Transport NSW or NSW Police.

Challenging Licence Suspensions and Speeding Offences in NSW

Discover the grounds for appealing licence suspensions due to speeding offences in New South Wales. Learn about the appeal process and understand which decisions can and cannot be contested.

For immediate assistance with Police Immediate Suspension and Licence Appeals, please refer to this page.

Can Your Loss Of Licence Be Appealed?

Appealable Decisions: If you’ve received a penalty notice for speeding over 30km/h or 45km/h and faced a licence suspension by Transport NSW under Section 59 of the Road Transport Act 2013, you have the right to appeal this decision. This applies to both unrestricted drivers and P1/P2 Provisional licence holders who’ve accrued demerit points resulting in a suspension.

Non-Appealable Decisions: Certain decisions by RMS (Transport NSW), such as suspensions for demerit points accumulation on unrestricted or interlock licences, and breaches of good behaviour licences, cannot be appealed.

To contest a suspension due to exceeding speed limits, individuals can appeal to the Local Court. The court may choose to remove the suspension entirely, reduce the suspension period, or uphold the original decision based on various considerations including the driver’s history and need for a licence.

P1/P2 Provisional Licence Suspension Appeal

For provisional licence holders facing suspension due to demerit points, appeals can be made to the Local Court, which holds final authority over the decision.

Will I Receive a Criminal Conviction?

Appealing a licence suspension does not result in a criminal conviction. It’s solely an administrative process focused on the licence suspension, not the underlying offence. Therefore, in determining the Appeal, the Magistrate will be tasked with deciding the Appeal with the same powers as the administrative body which issued the licence suspension.

Understanding Licence Appeals vs. Court Elections

Differentiating between licence appeals and court elections is crucial. Appeals involve challenging a licence suspension decision, while court elections entail contesting the offence in a criminal jurisdiction, potentially leading to a criminal conviction.

How to Lodge Your Appeal: Upon receiving a Notice of Suspension from Transport NSW, which outlines the suspension date and appeal deadline (typically 28 days after receipt), ensure to file your appeal promptly. Missing the deadline forfeits your right to appeal, and the suspension must be served.

What are the possible outcomes for a Licence Appeal?

If a licence appeal has been filed with the Court, the following outcomes may be reached:

Allow the appeal (removing the suspension in full);
Dismiss the appeal but reduce/increase the period of suspension; or
Dismiss the appeal with no change to the original suspension period.

Generally, the court will consider:

Whether the driver is a fit and proper person to hold a licence
The drivers previous traffic history
The drivers need for their licence
The drivers subjective circumstances

Are there any time-limits in lodging my licence appeal?

Upon receiving a Notice of Suspension by Transport NSW, you will be aware of which date your licence will be suspended and for how long. You will then (if applicable) be able to file a licence appeal within 28 days of receiving that Notice of Suspension. Failing to file your appeal within time will mean that the Court cannot hear your appeal.

Immediate Suspension Notice by NSW Police

Pursuant to section 224 of the Road Transport Act 2013 (NSW), NSW Police officers are empowered to issue an immediate suspension notice if you have committed the following offences:

Committed an offence of exceeding the speed limit by more than 45km/h;
Committed an offence of exceeding the speed limit by more than 30km/h where the driver is the holder of a Provisional or Learner licence;
Committed an offence of drink-driving as a novice, special or low range category (first offence);
If the driver is being charged with an offence of mid or high-range drink-driving;
Where the driver is charged with an offence caused by a motor vehicle comprising of:
1. murder;
2. manslaughter;
3. wounding or causing grievous bodily harm with intent;
4. recklessly causing grievous bodily harm; or
5. dangerous driving occasioning death or grievous bodily harm
Where the driver is being charged with an offence of DUI;
Where the driver is being charged with an offence of aggravated burnout;

What are the possible outcomes for a Immediate Suspension?

If a licence appeal has been filed with the Court in relation to an Immediate Suspension by the NSW, the following outcomes may be reached:

Allow the appeal (removing the suspension in full);
Dismiss the appeal but reduce/increase the period of suspension; or
Dismiss the appeal with no change to the original suspension period.

Unlike a licence appeal filed in relation to a decision by Transport NSW, the court must in these circumstances first consider whether there are any exceptional circumstances. If the Court is unable to find “exceptional circumstances”, then it is precluded from hearing the licence appeal.

Generally, the Court will take into account the following to determine if exceptional circumstances exist:

The drivers need for their licence (and whether it is an exceptional one)
The potential danger to the community if an order is made
The drivers subjective circumstances (and whether it is an exceptional one)

Are there any time-limits in lodging a licence appeal for an Immediate Suspension by Police?

Similar to an appeal against a decision by Transport NSW, the applicant must lodge their appeal within 28 days from the date the Immediate Suspension was issued. Failing to file your appeal within time will mean that the Court cannot hear your appeal.

Appealing Your Licence Suspension? Hoping to Keep Your Drivers Licence? Contact Us Now!

Act now with Barsha Defence Lawyers, your trusted and experienced traffic lawyers for licence appeals. Our specialist criminal and traffic lawyers are here to navigate you through the process with expertise and dedication. Don’t delay—secure your licence with us today. With our experience in licence appeals, we’re committed to helping you retain your drivers licence and get back on the road sooner rather than later. Whether you’re facing a licence suspension due to speeding offences, demerit points accumulation, or other traffic offences, our team has the knowledge and skills to advocate for your rights. Let us handle the legal complexities while you focus on getting back behind the wheel. With years of experience and a track record of success, we understand the intricacies of licence appeals and are committed to achieving the best possible outcome for you. Don’t delay—secure your licence with us today.