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If you've had your driver licence suspended or disqualified, or you have received a letter from Transport for NSW about a vehicle or licence decision, you may be eligible to appeal the decision.
All Transport for NSW licence and registration appeals must be filed to the Local Court within 28 days of receiving the letter.
You can appeal to the local court against a licence suspension if you are suspended:
- for speeding more than 30 km/hr over the speed limit
- for speeding more than 45 km/hr over the speed limit
- for driving with a low, special or novice range prescribed concentration of alcohol
- for driving with an illicit substance present in your oral fluid, blood or urine
- on the spot by a police officer.
You can also appeal against a suspension if you are a provisional or learner licence holder and Transport for NSW (TfNSW) (formerly known as Roads and Maritime Services or RMS) suspended your licence because you had too many demerit points.
Some drivers who exceed their demerit point limit and are subject to serve a licence suspension period have the ability to elect to serve out a “good behaviour” period.
This allows them to continue driving but be at risk of double the original suspension period if they exceed a set amount of demerits within a proscribed time limit.
Under section 268(5) of the Act, there must be “exceptional circumstances” for the court to set aside the suspension but these circumstances cannot be linked in any way to the actual offending.
An exceptional circumstance may be that a person requires their licence to attend dialysis at a local hospital and due to remote living needs a licence to get to the treatment location.
In 2017, amendments to the Road Transport Act took effect, allowing individuals to apply to the Local Court to have their ‘long-term’ licence disqualification period removed, that is, a minimum of two years disqualification.
You cannot apply for a removal if you have ever been convicted a ‘serious driving offences’ which are:
- Murder or manslaughter caused by the use of a motor vehicle;
- An offence under the Crimes Act that caused the death, grievous bodily harm or wounding of a person by a motor vehicle;
- Predatory Driving or Police Pursuits (under the Crimes Act);
- Negligent driving causing death or grievous bodily harm;
- Intentional menacing driving;
- Failing to stop and assist after impact causing death or grievous bodily harm.
If you currently have a ‘mandatory interlock order’ against you – these particular disqualifications cannot be removed under the scheme.
Our expert criminal and traffic law team can assist by defending charges or mitigating the sentence which the Court is looking to impose.
Read more detailed information below on common licencing offences and then contact one of our lawyers on 0435 101 184 for advice.