Licence Appeals

Licence Appeals—How to Challenge a Driver Licence Suspension

Kenneth Wilks Experienced and Passionate Traffic Lawyer

In NSW many traffic offences carry demerit points. Learner, Provisional and Unrestricted Licence holders have the following demerit point thresholds:

Once you pay the fine, demerit points will be “incurred”, and you will receive a letter from Transport for NSW titled “Notice Of Suspension.

If you are a P plater and you go over your demerit point threshold you face a three (3) months suspension. Once you pay, the fine demerit points will be “incurred” and you will receive a letter from Transport for NSW titled “Notice Of Suspension”.

This letter will tell you that you will be suspended for three (3) months from a certain date. You have the option of lodging a Licence Appeal which must be lodged before the suspension starts. Once an appeal is lodged the suspension is “stayed” meaning you can continue to drive until the matter is finalised before the court (although you should always double check with Service NSW).

A Court hearing a Licence Appeal can do one of the following:

When determining an appeal, a court must consider whether you are a fit and proper person to hold a drivers licence. In determining this there are several factors the court will consider which include information about you, your need for a licence (work and family) and your driving record (length of time you have held your licence and the number of entries in it).

If you are an Unrestricted licence holder and you incur 13 or more points you will also receive a Notice of Suspension. For demerit point suspensions you do not have the option of lodging a Licence Appeal. Unrestricted licence holders who receive a Notice of Suspension can elect to enter a Good Behaviour Licence. Once you make the election you are on the Good Behaviour Licence for 12 months and during that 12 months you cannot incur 2 or more demerit points or you will be suspended for twice the original period.

Suspension Period

As an Unrestricted driver you will face different periods of suspension depending on the number of demerit points incurred:

For certain speeding and drug offences unrestricted drivers can lodge licence appeals to seek a reduction in the period of suspension.

Police also have the power to impose suspensions for certain speeding offences, drink driving offences and drug driving offences.

You should get legal advice before lodging any licence appeal.

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