APPEALING A DRIVER’S LICENCE SUSPENSION IN NSW?

APPEALING A DRIVER’S LICENCE SUSPENSION IN NSW?

There are many ways a person’s licence can be suspended in NSW.

It should be noted that if your licence has been suspended, you can appeal the suspension to any Local Court in NSW.

If you have filed the appeal in the Local Court and you are waiting for your licence suspension appeal to be heard, then it is very important to consider who suspended your licence to begin with. This is because there are different laws that apply to each type of suspension.

If your licence has been suspended by:

–              TFNSW (Transport for NSW): your suspension will be stayed (or in other words ‘paused’) until the Court determines your appeal and you can continue to drive until your appeal is heard in the local Court. HOWEVER, it must be noted that prior to driving you must make enquiries with TFNSW as to whether your licence suspension has been ‘stayed’ prior to getting into a car and driving.

–              POLICE SUSPENSION: If your licence was suspended by the police, your licence will remain suspended until the Court determines your appeal. This means that even after you have filed your appeal at the Local Court, you must NOT drive as your suspension period is NOT stayed.

It should be noted that after the Local Court hears the licence suspension appeal, the Court decision is final.

What matters can you appeal exactly?

You can appeal to the Local Court NSW if you have been suspended through any of the following:

• For exceeding the Demerit Point limit, if you are a provisional or learner licence holder.
• Driving with an illicit substance present in your oral fluid, blood, or urine
• Exceeding speed limit by more than 30 km/hr
• Exceeding speed limit by more than 45 km/hr
• Driving a motor vehicle with a low, special or novice range prescribed concentration of alcohol (PCA)
• On the spot licence suspension by a police officer

It should also be noted that you CANNOT appeal a DEMERIT POINT SUSPENSION IF any of the following apply:

• You hold an Unrestricted Driver Licence, OR
• You were on a good behaviour Licence.

Are there any time limits to file the appeal of my licence suspension?

Yes, there are time limits that exist and in relation to the time limits please note the following:

1.     POLICE SUSPENSION: The appeal must be filed within 28 days of receiving the on-the-spot police licence suspension notice. If you wish to file your appeal outside the 28-day period, then the court will NOT hear your appeal. It is important to at least seek legal advice prior to filing your appeal

2.     TFNSW SUSPENSIONS: you must file your appeal prior to the licence suspension/ cancellation starts. The ‘Notice of Suspension’ letter usually gives you a time prior which stipulates how long you have to file your appeal, and this is usually a 28-day period. It is important to at least seek legal advice prior to filing your appeal

WHAT CAN BE THE COURT’S FINAL DECISION?

Once the Court has heard your appeal, the Court has the power to do any of the following:

1.     LIFT THE SUSPENSION PERIOD; or

2.     VARY THE SUSPENSION PERIOD (this means the Court has the power to change the suspension period)

3.     DISMISS THE APPEAL & CONFIRM THE SUSPENSION PERIOD.

It should be noted that in the event that the Court accepts the appeal and lifts the suspension period, then you will be able to get your driver’s licence back. If the police took your licence from you, then you must contact TFNSW to replace your driver’s licence prior to driving.

Likewise, if your driver’s licence was not confiscated on the spot, then you do not have to replace your licence if you got to keep your driver’s licence and if your licence is still valid and not expired then you can drive, however if your driver’s licence has expired you must renew your driver’s licence before you can start driving again.

NOTE: If your Driver’s licence suspension was lifted by the Court, we always recommend that you firstly check with TFNSW before you can drive to ensure that it is OK to drive.

It should also be noted that if your police suspension period has been lifted by the Local Court, you may still receive a ‘Notice of Suspension’ letter from the TFNSW after you have paid the fine for the offence and you can also appeal that suspension to the Local Court.

It must be noted that if the Court dismisses your appeal, then your licence will remain suspended for the duration of the suspension period, and you cannot appeal the Local Court’s decision as it is final.

Why Choose Nicopoulos Sabbagh Lawyers to represent you in your Traffic Law Matter?

Nicopoulos Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office appears at all Courts in NSW on a regular basis in ALL Traffic Law matters. No matter is too complex for the team so be sure to book your first Free Consultation today!

It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court. 

 Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.

*This article correctly reflects the Laws of NSW as at 13^th November 2024.

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.