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Appealing your licence suspension or disqualification
Losing your licence can have a significant impact on your life, from interfering with your employment to your ability to care for your dependents – children and elderly relatives. Traffic law, in particular licence appeals, is a complex area of law, so it is essential you seek legal advice from experienced traffic lawyers about your individual circumstances to achieve the best possible outcome.
You only have 28 days to appeal your licence suspension, so don’t delay and miss this small window of opportunity.
What do I have to prove?
When appealing your licence suspension, there are a few angles that our expert traffic lawyers will use in your appeal:
We may try to prove that the prosecution does not have a strong compelling evidence against you if we find gaps in their case. Statistics show that often time, those that don’t think they did it, simply did not! Without compelling proof against you, our lawyers can smash this appeal out of the water.
Our expert lawyers will almost always (where applicable) establish a good case regarding your need for a licence
They will also consider the potential danger to the community if an order is made
Finally, our lawyers will look at your personal circumstances and any relevant local matters that the Local Court would be open to consider
What are the likely outcomes of my driver licence appeal?
Unlike other states, in NSW your driver licence appeal will generally result in the court either:
Allowing your appeal – essentially allowing you to keep your licence,
Disallowing your appeal – meaning your appeal is rejected and you will be suspended for the time set by the TfNSW (Formerly RMS / RTA),
Dismissal with a Section 10 (See Section 10 below)
Or a reduced the suspension period
Who can suspend my licence?
In NSW, the following authorities have the power to suspend a drivers licence:
A. NSW Police
B. Transport for New South Wales (TfNSW)
C. Courts
NSW Police licence suspensions
A police officer can suspend a driver’s licence on the spot or within 48 hours of issuing a traffic infringement notice for the following traffic offences:
Serious driving offences (e.g. dangerous driving, negligent driving) causing death or grievous bodily harm
Speeding offences in excess of 45km/ph over the signposted speed limit (automatic suspension period of 6 months)
DUI offences
Drink driving offences (PCA) (as of 2019, low range drink driving now incurs an automatic suspension period of 3 months)
Street racing
Aggravated burnout offences
Learner or provisional licence holder speeding in excess of 30km/ph (automatic suspension period of 3 months)
Learner licence holder drive while unaccompanied by an appropriately licensed driver (automatic suspension period of 3 months)
If a police officer suspends your licence, you MUST NOT drive until the court orders otherwise.
When appealing a police issued licence suspension, you will need to prove there were exceptional circumstances that cause you to commit the traffic offence. Police issued licence suspensions can be difficult to appeal. It is therefore essential that you receive legal advice about your individual circumstances to ensure you meet the criteria for exceptional circumstances.
Driving on an interstate or international licence
If you are an overseas or interstate driver, driving a motor vehicle in NSW and commit a serious offence such as negligent driving or those listed above, the police can issue you with an automatic licence suspension, removing your driving privileges in NSW.
You can appeal the licence suspension, however, you only have 28 days from the date of issue to do so.
You must NOT drive while a licence suspension is in place until a court orders otherwise.
Transport for New South Wales licence suspension
Transport for NSW is the authority responsible for dealing with drivers licences in NSW. It was previously known as Roads and Transport Authority (RTA) and Roads and Maritime Service (RMS). Transport for New South Wales will suspend a driver’s licence for the following:
- Failure to pay a fine(s) – can be appealed to the Local Court
- Demerit point suspension – full licence holders (unrestricted) cannot appeal a demerit point suspension. However, novice drivers (learners, and p plate) can appeal.
- Camera detected speeding offences over 35km/ph and over 45km/ph – can be appealed to the Local Court
Revenue NSW Licence Suspension
Failure to pay a fine(s)
Revenue NSW has the power to suspend a driver’s licence for failure to pay an infringement notice. Fines are not limited to traffic offences but also include parking infringements, travelling without a valid Opal card, etc. If you fail to pay your fine, even after receiving a reminder notice, you will receive a notice of suspension to notify you that you have an outstanding fine and as a result, your licence will be suspended. To resolve the matter, ensure you pay the fine.
If you are unlicensed and plan to apply for a driver’s licence in NSW and have unpaid fines (e.g. travel without a valid Opal card), Transport for NSW may decline your application for a licence until your fine has been paid. This is an important point to note, especially if you are 18 years of age, have unpaid fines and are looking at applying for learners or provisional licence.
If you are unable to pay your fine, you should contact Revenue NSW to arrange a payment plan. Alternatively, you may be eligible for a Work Development Order (WDO).
If you are paying your fine via a direct debit payment plan, it is recommended that you monitor your bank statements to ensure that regular payments are being made to ensure you maintain your licence.
Work and development orders (WDO)
If you are unable to pay a fine, you may be eligible for a Work and Development Order. You are eligible if:
You are homeless; or
You have a mental illness, intellectual disability or cognitive impairment; or
You have a serious addiction to drugs, alcohol or volatile substances; or
You are experiencing financial hardship
To apply for a WDO, you will need to find a registered sponsor (WDO provider) such as a drug and alcohol program, doctor, psychologist, etc. Revenue NSW has a list of approved sponsors in your area.
Demerit point suspension
Demerit point suspension occurs when a driver exceeds their number of allocated demerit points in a three year period. Transport for NSW may issue the following suspension periods for unrestricted licence holders:
13 (or 14 for a professional driver) to 15 demerit points = 3 months licence suspension
16 to 19 demerit points = 4 months licence suspension
20 or more demerit points = 5 months licence suspension
Transport for NSW may issue the following suspension period for novice drivers (learner, p plate drivers)
For learners and provisional p1 drivers who accrue 4 or more demerit points = 3 months licence suspension. If you are suspended two or more times, Transport for NSW may require you to complete a driver knowledge test, driver education program or both
For provisional p2 drivers who accrue 7 or more demerit points =3 months licence suspension. If you are suspended two or more times, Transport for NSW may require you to complete a driver knowledge test, driver education program or both. You may also be required to complete an additional six months for every suspension issued on this licence level before being allowed to apply for an unrestricted licence.
If you have a demerit point suspension, Transport for NSW will contact you via letter to inform you of your suspension. You must NOT drive until the court orders otherwise.
Good behaviour licence
If your licence has been suspended, you may be able to apply for a good behaviour licence if:
Your licence has been suspended due to demerit points
You are a full licence holder (unrestricted)
Your suspension period has NOT yet started
You are not already on a good behaviour licence
If you accumulate two or more demerit points while on a good behaviour licence, your licence will be suspended for double the length of the original suspension period.
Time Limits and the limitation period
A limitation period (time limit) is a short period of time after notification of the licence suspension available to appeal. If you intend to appeal your licence suspension, you MUST do so within 28 days of receiving a notice of suspension. You cannot lodge an appeal after the 28 days.
What is the process for appealing my licence suspension?
What evidence do I need?
Character reference – A character reference is a letter written by someone of standing in the community (e.g. employer, priest, coach, teacher etc) addressed to the court stating why the behaviour leading to the traffic infringement or licence suspension is out of character for you.
A statement about how it will impact on your ability to meet your employment, study or carer obligations. However, it should be noted that while a licence suspension may impact on your employment, the court will NOT place too much weight on it. The court considers that your employment should be at the forefront of your mind. However, it gives considerable weight to how it will impact on others (e.g. taking dependents to medical appointments, etc).
Lack of access to public transport – This can be difficult to prove if you live in Sydney. The courts are more likely to take it into consideration if you live in a regional or remote area.
If you are appealing a police issued licence suspension, we will need to prove to the court that there were exceptional circumstances.
Your driving record – We will apply on your behalf for a copy of your driving record. There are two types of driving record. You will need to apply for a certified copy of your driving record to be able to use it for evidentiary purposes. A fee of $32 is payable to obtain a certified copy of your driving record. The court will review your driving record in five year periods.
Examples of occupations that may be able to seek leniency by the court if they attain a letter from their employer
Car, van or light vehicle licence required
Transport: courier, film runner
Personal driving: Uber driver, Ola driver, taxi driver, limousine driver, chauffeur
Education: driving instructor
Trades and occupations: road inspector, sales rep, farm worker, mobile services (e.g. dog grooming, electrician, swimming pool maintenance, rural vet), stunt driver, motoring journalist, car salesperson
Emergency services: paramedic, fireman, highway patrol officer
Motorbike licence required
Transport: Courier
Education: motorbike instructor
Trades and occupations: motorbike sales and servicing, stunt rider, highway patrol officer, tourism operator (e.g. motorbike sidecar rides or motorbike tours), farmhand
Heavy vehicle licence required
Transport: truck driver (includes small rigid trucks through to road trains), tow truck driver, forklift truck driver
Passengers: bus driver, coach driver
Trades and occupations: warehouse manager, farmworker, driver of construction vehicles, road maintenance and heavy construction vehicles, specialist occupations such as airport tugs, motoring journalist, security vehicle driver
Why do I need an expert traffic lawyer?
Risks of appealing a licence suspension
As with any criminal law matter, there is a risk of appealing a licence suspension. The court can:
Increase the suspension period
Increase the fine to be paid
Order you to pay the other parties (Police, Transport for NSW) legal costs if your is appeal is unsuccessful
If a court dismisses your appeal, the suspension period becomes known as a disqualification period. The court will automatically cancel your driver’s licence. Once the disqualification period expires, you will need to reapply to Service NSW for a new licence.
If your appeal is unsuccessful, you cannot appeal the court’s decision.
Best possible licence appeal outcome
Court upholds your appeal
The best possible outcome that can be achieved by appealing your licence suspension is to have the court uphold your appeal (agree with your appeal). If the court upholds your appeal, it means that your licence is no longer suspended and you are free to drive.
If your appeal is dismissed (the court rejects your appeal), the court may grant you a section 10.
Section 10
A section 10 is the best possible outcome in the event the court dismisses (rejects) your appeal. There are three orders available to the court under section 10 of the Crimes (Sentencing and Procedure) Act where the court believes it is inappropriate to further punish an offender.
Section 10 (1) (a)- dismissal with no conviction recorded
Section 10 (1) (b)- dismissal with no conviction on conditions set by the court. For example, not to commit an offence for a period of two years
Section 10 (1) (c)- dismissal with no conviction on the condition that the offender enters into an intervention program. For example drug and alcohol counselling, traffic offenders program, etc.
A section 10 is an acknowledgement of the court that you have committed an offence, however, the court is satisfied that it is out of character and you are unlikely to continue offending. It’s the court’s way of giving you a second chance.
Before granting a section 10, the court will consider:
Your driving record. No previous traffic offences in the past five years
Your character, antecedents, age, heath and mental condition
The trivial nature of the offence
Extenuating circumstances that lead to the offence being committed
Any other matter the court considers relevant
Driving while licence suspended/disqualified
It is an offence to drive during a licence suspension or disqualification period. If you have appealed your licence suspension to the Local Court and the court dismisses the appeal, the suspension becomes a disqualification period.
The maximum penalty for this offence is a fine of $3,300, imprisonment for 6 months and licence disqualification for 6 months for a first offence. For a second or subsequent offence, the maximum penalty is a fine of $5,500, imprisonment for 12 months and licence disqualification for 12 months.
If you are repeat drive while suspended or disqualified offender, a police officer also has the authority to confiscate your number plates or impound your vehicle.
Traffic Offences: Latest News and Resources
Local and District Courts we attend:
The above is general legal information and should not be considered legal advice. Further fees, charges and other information are time-sensitive and correct as of the time of writing. These may change at any time and without notice. You should speak with one of our solicitors for legal advice tailored to your specific legal problem. The penalties listed are maximum penalties. The courts deal with matters on a case by case basis. It should also be noted that there may be court delays due to COVID-19.
FAQs
Frequently Asked Questions.
Yes. Anyone who appeals the licence suspension decision of a police officer or Transport for NSW must attend court. This provides both parties with the opportunity to put their case to the court.
Transport for NSW will send you a letter detailing your suspension to the address registered with them. If you move house, you are required to update your contact details with Service NSW within 14 days of moving. It is an offence not to update your details. If you are concerned about the status of your driver’s licence, you can review it online or in person through Service NSW.
Yes. Your insurer will take into consideration any licence suspension or disqualification you have incurred. You should contact your insurer to discuss how it impacts on your policy.
If you require a driver licence to continue your work duties the court may choose to apply more leniency in your matter. This includes but is not limited to:
Transport: Courier, Film runner
Personal driving: uber driver, taxi driver, limousine driver, chauffeur
Education: driving instructor
Emergency services: paramedic, fireman, highway patrol officer
Seek legal advice immediately. If you are losing your driving privileges as a result of demerit points accumulation since 2017 your licence can be suspended with no right to appeal. This includes your right to a “12 months good behaviour”. Furthermore, once you receive your notice of “withdrawal of driving privileges in NSW” TfNSW will not allow you to transfer your licence back to NSW. Transferring your licence back to NSW before receiving the notice may entitle you to apply for 12 months good behaviour. Contact us now to ensure your transfer application is done correctly. This scenario is not exclusive to QLD licence and applies to all interstate driver licences and in some circumstances extends to international licenses.
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