Appealing a licence suspension in NSW

Losing your licence suddenly can upend your work and your family life. If the police have suspended your licence, you may be able to appeal, but the window is short and strict. This guide explains how an appeal works and what matters most.

The two ways you can lose a licence

It helps to separate the ways a licence can go. The police can issue an immediate suspension on the spot for certain offences, such as high-range speeding or some drink driving charges. Transport for NSW can suspend a licence for accumulating too many demerit points. And a court can disqualify you as part of sentencing for an offence. This article focuses on appealing a police-issued immediate suspension to the Local Court.

The thing to grasp first is that an immediate suspension takes effect straight away, before any court has looked at the offence. An appeal is how you ask a court to review it.

The 28-day deadline is strict

Here is the single most important point. You generally have 28 days from the date the suspension was issued to lodge an appeal to the Local Court. The deadline is strict. If you lodge late, the court cannot hear the appeal, and the suspension stands.

We cannot stress this enough. If your licence has been suspended and you want to challenge it, treat it as urgent and get advice well inside the 28 days, not on the last day. The appeal also does not pause the suspension, so you remain suspended while the appeal is on foot unless and until the court decides otherwise.

What the court can do

On an appeal, the Local Court can set aside the suspension, vary it, or dismiss the appeal, and can make any other order it considers just. It is not a soft option though. For an immediate suspension, the court generally cannot set aside or vary it unless there are exceptional circumstances.

In deciding, the court weighs matters such as your need for a licence, the potential danger to the community, and other relevant factors. It does not re-try the underlying offence on an appeal of this kind. Showing exceptional circumstances is a real threshold, which is why how the appeal is prepared and argued matters so much.

What counts, and what does not

Because the test is exceptional circumstances, simply needing your licence for convenience is usually not enough on its own. What helps is concrete evidence of genuine and serious consequences, and a careful, honest presentation of your situation. Overstating it does not help. A focused appeal that squarely addresses the legal test has a far better chance than a general plea about hardship.

Demerit point and other suspensions

Appeals against demerit point suspensions, and other kinds of licence action, follow their own rules and may have different options and limits. If your suspension is for demerit points rather than an immediate police suspension, get advice on the specific path that applies to you, because it is not identical to the immediate suspension appeal described here.

How we help

We act quickly on licence appeals, which matters given the 28-day limit. We assess whether you have a realistic prospect, prepare the evidence that goes to exceptional circumstances, and argue the appeal at the Local Court. We are also honest early about prospects, because an appeal with little chance is not worth your money. If your licence has been suspended, call us as soon as you can, because every day of the 28 counts.

Frequently asked questions

How long do I have to appeal a licence suspension? Generally 28 days from the date the suspension was issued, to the Local Court. The deadline is strict.

Does appealing pause my suspension? No. You generally remain suspended while the appeal is on foot, unless the court orders otherwise.

What does the court need to see? For an immediate suspension, exceptional circumstances. The court weighs your need for a licence against the danger to the community and other factors.

Can I appeal a demerit point suspension? There are options for demerit point suspensions, but they follow different rules from an immediate police suspension. Get advice on your specific situation.

Keep reading

• Traffic and licensing
• Drink driving (PCA) offences in NSW: ranges and penalties
• Demerit points and licence disqualification explained

This article contains general information only and is not legal advice. For advice about your situation, please contact us. Liability limited by a scheme approved under Professional Standards Legislation.