Drivers Licence Suspension Appeal NSW

If you are detected driving more than 30 km/h or 45 km/h over the speed limit and choose to pay the fine, Service NSW will automatically impose a licence suspension under section 59 of the Road Transport Act 2013. This suspension is triggered by the excessive speed offence itself and takes effect regardless of any additional demerit points.

An automatic speeding suspension is one of the limited suspension types that can be appealed to the Local Court. You must file your appeal within 28 days of receiving the suspension notice. The Court’s determination is final and applies to both you and Transport for NSW.

When hearing a licence suspension appeal, the Court may:

1. Allow the appeal and remove the suspension completely.
2. Confirm the suspension but reduce the length of time you are disqualified.
3. Dismiss the appeal and uphold the original suspension period.

Although the legislation does not prescribe a strict test, the Court generally assesses whether you are a fit and proper person to continue holding a driver licence. In doing so, it will consider factors such as the seriousness and circumstances of the speeding offence, your overall traffic record, any criminal history, your personal character, and your need for a licence for employment or family responsibilities.

A well-prepared appeal supported by relevant evidence can make a significant difference to the outcome. Because time limits are strict and the Court’s decision is final, obtaining experienced legal advice as early as possible is critical.

In New South Wales, a police officer’s decision to issue an Immediate Suspension Notice is an appealable decision under section 266 of the Road Transport Act 2013. This means that, in principle, all Immediate Police Suspensions can be challenged in the Local Court. Strict time limits apply, and an appeal must be filed within 28 days.

When Can Police Issue an Immediate Suspension?

Under section 224 of the Road Transport Act 2013, police have the power to immediately suspend a driver’s licence in a range of serious circumstances, including where:

• The driver is detected exceeding the speed limit by more than 45 km/h
• A learner or provisional driver exceeds the speed limit by more than 30 km/h
• A novice, special or low-range drink driving offence is alleged (first offence)
• The driver is charged with mid-range or high-range drink driving
• A learner driver is detected driving without a supervising driver
• The driver is charged with serious indictable offences involving a motor vehicle, including dangerous driving occasioning death or grievous bodily harm
• The driver is charged with driving under the influence of alcohol or drugs
• The driver is charged with street racing, speed trials or similar offences
• The driver is charged with aggravated burnout offences
• The driver is charged with failing to provide required breath, blood or oral fluid samples

Police must generally issue the suspension notice within 48 hours of stopping or charging the driver. Depending on the alleged offence, the suspension may remain in place for a fixed period or until the matter is finalised by a court.

Although the legislation allows these decisions to be appealed, whether an appeal is strategically appropriate depends on the specific circumstances of your case. The strength of the prosecution case, your traffic history, the seriousness of the allegation and your need for a licence will all be relevant considerations. Obtaining experienced legal advice before lodging an appeal is essential to ensure the best possible outcome.

If you have received a traffic fine or penalty notice in New South Wales, you have the option to elect to have the matter determined by a court rather than simply paying the fine. This is known as a court election. The election must be made before the due date stated on the penalty notice.

Once the matter is listed before the Local Court, the first court date, referred to as the first mention, is procedural in nature. The Magistrate will ask whether you intend to plead guilty, plead not guilty, or seek an adjournment to obtain legal advice.

Drivers commonly elect to proceed to court for several reasons. Some wish to challenge the allegation because:

1. They dispute the facts or deny committing the offence altogether.
2. They accept responsibility but seek leniency due to mitigating circumstances in an effort to reduce the fine or have it set aside entirely.
3. To avoid a demerit point suspension – In some cases, paying the fine would result in the accumulation of demerit points sufficient to trigger a licence suspension. They may wish to court elect the fine, accept the traffic offence and seek a non-conviction on sentence. A non-conviction will mean the demerit points otherwise applicable are not recorded.

It is important to understand that paying a fine when received, is treated as an admission of guilt. Once payment is made, the applicable demerit points are imposed and the matter is finalised.

Electing to proceed to court is not without risk. The Court may impose a higher fine than the original penalty, and mandatory court costs and a victim support levy will apply if you are found guilty. The process may require multiple court appearances, and once a court election is lodged, it cannot be withdrawn.

For these reasons, obtaining legal advice before making a court election is strongly recommended. Careful assessment and proper preparation can significantly affect the outcome of your matter.

In New South Wales, full licence holders who exceed 13 demerit points, or 14 demerit points for professional drivers, do not have a right of appeal against the suspension. Instead, they may elect to enter into a Good Behaviour Licence before the suspension commences. This election cannot be withdrawn once made. A Good Behaviour Licence remains in force for 12 months and can be applied for online through Service NSW or at a Service NSW centre using your driver licence details and suspension notice.

Good Behaviour Licences are not available to learner, provisional or international licence holders, nor to drivers suspended for criminal offences that are to be determined by a court. The condition of the licence is strict: you must not incur two or more demerit points during the 12 month period. If you breach the licence, you will be suspended for double the original suspension period, and there is no right of appeal against that suspension. Importantly, an offence committed during the Good Behaviour period counts as a breach even if the fine is paid after the period ends.

The only way to avoid a breach suspension is to court elect the relevant traffic offence (see Court Elected Fines (link) above). If the court finds you not guilty or you receive a non-conviction order on sentence, no demerit points will be recorded, and your good behaviour licence will not be breached.