Can I Keep My Licence for Work Purposes After a Suspension in NSW?

on September 2, 2025

A driver’s licence suspension in New South Wales (NSW) can have profound consequences, particularly for those who rely on driving for their livelihood. Whether your licence has been suspended due to demerit points, drink driving, speeding, or other traffic offences, the impact on your ability to work can be significant, potentially leading to job loss or financial hardship. In NSW, the law provides limited avenues to retain your driving privileges for work purposes after a suspension, primarily through appealing the suspension or seeking specific exemptions. Understanding these options, their legal requirements, and the evidence needed is crucial for protecting your employment and driving rights. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to navigate licence suspensions and appeals in Sydney. As leading Sydney criminal lawyers and traffic law specialists, we are dedicated to securing the best possible outcome for our clients in NSW courts.

In this comprehensive Article, we explore whether you can keep your licence for work purposes after a suspension in NSW, detailing the legal framework, appeal processes, potential exemptions, and how a lawyer can strengthen your case.

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. For legal Advice, please be sure to contact our office at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

The Legal Framework for Licence Suspensions in NSW

Licence suspensions in NSW are governed by the Road Transport Act 2013, which authorises Transport for NSW (TfNSW), NSW Police, and courts to suspend or disqualify licences for various reasons. The Road Safety Plan 2021 has introduced stricter enforcement measures, including enhanced demerit point monitoring and mandatory interlock programs for serious offences. Suspensions can occur for:

  • Demerit Point Accumulation (section 33): Exceeding 13 points for unrestricted licences, 7 for P2, or 4 for P1/learner drivers within 40 months.
  • Police Immediate Suspensions (section 224): For serious offences like high-range drink driving (BAC ≥ 0.15), speeding over 45 km/h, or dangerous driving.
  • TfNSW Administrative Suspensions (section 59 or Fines Act 1996, section 66): For unpaid fines or medical unfitness.
  • Court-Imposed Disqualifications (section 205): For convictions like drink driving, negligent driving, or drug driving.

Unlike some jurisdictions, NSW does not offer a restricted or work-specific licence post-suspension. However, you may retain your licence for work purposes by appealing the suspension in the Local Court or, in limited cases, securing a non-conviction outcome for the underlying offence. Appeals are regulated by section 267 (police suspensions), section 59 (TfNSW suspensions), and the Crimes (Appeal and Review) Act 2001 (court disqualifications).

Can You Keep Your Licence for Work Purposes?

In NSW, there is no provision for a restricted or work-specific driver’s licence after a suspension or disqualification, unlike some other Australian states (e.g., Victoria’s restricted licence scheme). Instead, retaining your licence for work purposes typically involves:

  1. Appealing a Suspension: Challenging a police or TfNSW suspension in the Local Court to have it lifted or reduced, often by demonstrating work-related hardship.
  2. Avoiding Conviction: Securing a section 10 dismissal or Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999 to avoid a court-imposed disqualification.
  3. Interlock Exemption: For drink driving offences, seeking an exemption from the mandatory interlock program, though this extends disqualification and does not guarantee work-specific driving.
  4. District Court Appeal: If a Local Court appeal fails, appealing to the District Court to challenge the decision or penalty.

The key to retaining your licence for work purposes lies in proving exceptional circumstances (for police suspensions) or that you are a fit and proper person with a compelling need for a licence (for TfNSW suspensions).

Appealing a Suspension for Work Purposes

Appealing a suspension in the Local Court is the primary way to retain your licence for work purposes. The process and evidence requirements differ based on the type of suspension.

Appealable Suspensions

  • Police Suspensions (section 224):
    • High-range PCA, mid-range PCA (if aggravated), or refusing a breath test.
    • Speeding over 30 km/h or 45 km/h.
    • Serious driving offences causing death or grievous bodily harm.
    • Unaccompanied learner driving or learner/P1/P2 speeding over 30 km/h.
  • TfNSW Suspensions (section 59 or Fines Act 1996):
    • Speeding over 30 km/h or 45 km/h (camera-detected).
    • Demerit point accumulation (for P1, P2, and learner drivers only).
    • Non-payment of fines.
    • Medical unfitness.

Non-Appealable Suspensions:

  • Demerit point suspensions for unrestricted licence holders.
  • Breaches of good behaviour licences (2+ demerit points).
  • Interlock driver licence suspensions.

Appeal Process

  1. Receive Suspension Notice: Issued immediately by police or by mail from TfNSW, specifying the 28-day appeal deadline.
  2. File Appeal: Lodge an Application Notice within 28 days via the NSW Online Registry (onlineregistry.lawlink.nsw.gov.au) or at a Local Court. The filing fee is approximately $100, waivable for hardship.
  3. Request a Stay (Police Suspensions): Apply to pause the suspension until the hearing, crucial for maintaining work-related driving.
  4. Gather Evidence: Collect documents proving work-related hardship, as detailed below.
  5. Attend Hearing: Present your case before a magistrate, with TfNSW or police potentially opposing. Hearings are scheduled 4–6 weeks after lodging.
  6. Court Decision: The magistrate may:
    1. Allow the appeal (lift suspension).
    1. Vary the suspension (reduce period).
    1. Dismiss the appeal (uphold suspension).

Note: For police suspensions, you can drive until the hearing if a stay is granted (section 267(3)). TfNSW suspensions are automatically stayed upon lodging an appeal (section 59).

Evidence for Work-Related Appeals

To succeed, you must demonstrate that the suspension causes exceptional hardship to your employment or that you are a fit and proper person with a compelling need for a licence. Key evidence includes:

  1. Employer Letter:
    1. A signed letter on company letterhead stating your role, the necessity of driving for work (e.g., deliveries, client visits), and the risk of job loss or demotion without a licence.
    1. Example: A construction worker proving they must drive to multiple sites daily.
  2. Employment Contract or Payslips:
    1. Verify your employment and income reliance on driving.
  3. Lack of Alternative Transport:
    1. Provide public transport timetables or maps showing impractical routes or distances (e.g., rural areas with limited buses).
    1. Example: A driver in regional NSW proving no public transport to their workplace.
  4. Character References:
    1. 2–3 letters from reputable individuals (e.g., employer, colleagues) attesting to your good character and low reoffending risk.
  5. Apology Letter:
    1. A sincere letter to the court acknowledging the offence and outlining steps to prevent recurrence (e.g., Traffic Offender Intervention Program (TOIP) completion, $150–$200).
  6. Traffic Record:
    1. Obtained from Service NSW, showing a clean or minimal record to support your fitness to drive.
  7. TOIP Certificate:
    1. Proof of completing the TOIP to demonstrate rehabilitation.
  8. Procedural Evidence:
    1. Documents proving errors, such as incorrect demerit points or unlawful RBT (section 36, Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)).

Presentation: Provide originals and three copies for the court, prosecutor, and your records.

Example: A P1 driver appeals a 3-month TfNSW suspension for 4 demerit points, presenting an employer letter stating job loss without a licence and proof of no public transport, securing a lifted suspension.

Avoiding Conviction to Retain Your Licence

For court-imposed disqualifications (e.g., drink driving convictions), retaining your licence for work purposes requires avoiding a conviction altogether. This can be achieved through:

  1. Section 10 Dismissal or CRO:
    1. Under section 10(1)(a), Crimes (Sentencing Procedure) Act 1999, the court may dismiss the charge without recording a conviction, avoiding disqualification.
    1. A Conditional Release Order (CRO) imposes conditions (e.g., good behaviour) without a conviction.
    1. Suitable for first-time or low-range PCA offenders with strong mitigation (e.g., TOIP completion, work hardship).
  2. Defences:
    1. Unlawful Testing: Lack of reasonable grounds for RBT (section 36, LEPRA).
    1. Testing Errors: Breathalyser malfunction or violation of the two-hour rule (section 14, Road Transport Act 2013).
    1. Medical Conditions: False positives from diabetes or medication.
    1. Mental Health Diversion: Treatment under section 14, Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

Example: A first-time low-range PCA offender secures a section 10 dismissal, preserving their licence for work by presenting an employer letter and TOIP certificate.

Interlock Exemptions for Drink Driving Offences

For drink driving convictions requiring a mandatory interlock order (section 211), you can apply for an exemption to avoid the interlock device, though this extends the disqualification period and does not guarantee work-specific driving. Exemptions are granted for:

  • Medical Reasons: Respiratory issues preventing device use, supported by a doctor’s certificate.
  • Practical Reasons: No access to an interlock-equipped vehicle or living in a remote area without service providers.

Impact: An exemption replaces the interlock period (e.g., 24 months for mid-range PCA) with a longer disqualification (e.g., 3 years), which may still prevent work-related driving.

Example: A repeat mid-range PCA offender secures an interlock exemption due to no vehicle access but faces a 3-year disqualification, impacting their job.

Appealing to the District Court

If a Local Court appeal fails, you can appeal to the District Court within 28 days under the Crimes (Appeal and Review) Act 2001, arguing errors in law, fact, or discretion. This is not a work-specific licence but a chance to lift or reduce the suspension for work purposes.

District Court Appeal Process

  1. File Notice of Appeal: Submit within 28 days (fee ~$200, waivable).
  2. Grounds:
    1. Error of law (e.g., misapplication of section 267).
    1. Error of fact (e.g., incorrect hardship assessment).
    1. Unreasonable decision (e.g., disproportionate penalty).
  3. Evidence: Use the Local Court transcript and new evidence (if admissible under section 17, Evidence Act 1995).
  4. Outcome: The judge may uphold, overturn, or vary the suspension.

Challenges of Retaining a Licence for Work

  • No Restricted Licences: NSW does not offer work-specific licences, making appeals or non-conviction outcomes the only options.
  • High Evidence Threshold: Exceptional hardship requires robust proof (e.g., employer letters, transport limitations).
  • Court Discretion: Magistrates balance work needs against public safety, especially for serious offences like drink driving.
  • Costs: Appeals involve filing fees and legal costs, though waivers are available for hardship.

How a Sydney Traffic Lawyer Helps

At Nicopoulos Sabbagh Lawyers, we:

  • Assess Options: Evaluate eligibility for appeals or non-conviction outcomes.
  • Gather Evidence: Compile employer letters, hardship proof, and TOIP certificates.
  • Represent in Court: Advocate for lifting or reducing suspensions in Local and District Courts.
  • Pursue Defences: Challenge charges to avoid convictions.
  • Navigate Courts: Manage cases amidst disruptions like the Downing Centre closure.

Example: We lifted a 6-month police suspension for a mid-range PCA offence by proving work-related hardship, allowing the client to continue driving for their job.

Steps to Take if Facing a Suspension

  1. Review Suspension Notice: Check eligibility and deadlines (28 days).
  2. Engage a Lawyer: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au.
  3. Gather Evidence: Collect employer letters, hardship proof, or TOIP certificates.
  4. File Appeal: Lodge within 28 days via the NSW Online Registry or Local Court.
  5. Prepare for Court: Review evidence with your lawyer.
  6. Appeal to District Court: If the Local Court appeal fails, file within 28 days.
  7. Comply with Outcome: Follow court conditions to regain your licence.

Why Choose Nicopoulos Sabbagh Lawyers?

We offer:

  • Specialised Expertise: In-depth knowledge of the Road Transport Act 2013.
  • Proven Results: Successfully lifting or reducing suspensions for work purposes.
  • Ethical Representation: Adhering to Legal Profession Uniform Law (NSW).
  • Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or www.nslaw.net.au.

Conclusion

While NSW does not offer restricted licences for work purposes, you can retain your licence after a suspension by appealing in the Local Court, pursuing a District Court appeal, or securing a non-conviction outcome like a section 10 dismissal. Success depends on strong evidence of work-related hardship and legal expertise. At Nicopoulos Sabbagh Lawyers, our Sydney criminal lawyers and traffic law specialists provide expert representation to protect your driving privileges and livelihood. Contact us today at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for assistance.

Why Choose Nicopoulos Sabbagh Lawyers Criminal Lawyers & Traffic Lawyers YOUR Leading Sydney Criminal Defence & Traffic 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 Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your first Free Consultation today!

GOING TO COURT?

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 your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.

*This article correctly reflects the Laws of NSW as of 20th August 2025.

*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

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