Licence Appeals for Professional Drivers – Taxi, Uber, Truck & Bus Drivers in NSW

on September 16, 2025

Professional drivers in New South Wales (NSW), including taxi, Uber, truck, and bus operators, rely heavily on their licences to maintain their livelihoods. A licence suspension can be devastating, leading to immediate job loss, financial hardship, and long-term career impacts. Whether your suspension stems from demerit points, drink driving, speeding, or other traffic offences, appealing the decision offers a critical opportunity to reinstate your driving privileges or reduce the suspension period. However, the process is complex, with strict deadlines and requirements tailored to professional drivers who often face higher demerit thresholds and additional regulatory scrutiny. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to appeal licence suspensions for professional drivers in Sydney. As leading Sydney criminal lawyers and traffic law specialists, we are committed to protecting your rights and achieving the best possible outcome in NSW courts.

In this article, we explore licence appeals for professional drivers like taxi, Uber, truck, and bus operators in NSW, detailing the legal framework, grounds for appeal, the appeal process, required evidence, and how a lawyer can help.

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 for Professional Drivers in NSW

Professional drivers in NSW, such as taxi, Uber, truck, and bus operators, are subject to the Road Transport Act 2013, which governs licence suspensions and disqualifications. These drivers often hold special endorsements or authorities, like a Driver Authority for taxi/Uber/bus drivers or a Heavy Vehicle National Law (HVNL) licence for truck drivers, regulated by TfNSW and the National Heavy Vehicle Regulator (NHVR). Suspensions can be issued by TfNSW, NSW Police, or courts for offences like drink driving (section 110), speeding (section 59), or demerit point accumulation (section 33). As of August 21, 2025, updates from the Road Safety Plan 2021 have strengthened enforcement, including enhanced monitoring for professional drivers and mandatory interlock programs for serious offences (section 211).

Types of Suspensions for Professional Drivers

  1. Demerit Point Suspension (section 33):
    1. Professional drivers have a higher threshold (14 points) compared to 13 for unrestricted licences, but exceeding this triggers a suspension (3 months for 14–15 points).
  2. Police Immediate Suspension (section 224):
    1. Imposed for serious offences like high-range PCA (BAC ≥ 0.15), speeding over 45 km/h, or dangerous driving, often affecting professional endorsements.
  3. TfNSW Administrative Suspension (section 59 or Fines Act 1996):
    1. For unpaid fines, medical unfitness, or regulatory breaches (e.g., failing taxi authority checks).
  4. Court-Imposed Disqualification (section 205):
    1. For convictions like DUI or negligent driving, potentially revoking special authorities.

Appeals for police and TfNSW suspensions are heard in the Local Court, while court disqualifications are appealed in the District Court under the Crimes (Appeal and Review) Act 2001.

Special Considerations for Professional Drivers

  • Taxi/Uber Drivers: Must hold a Driver Authority from TfNSW, which can be suspended for PCA offences or demerit points, affecting rideshare eligibility (Passenger Transport Act 1990).
  • Truck/Bus Drivers: Heavy vehicle licences under HVNL require zero BAC (section 110), with suspensions impacting commercial operations and potentially leading to NHVR bans.
  • Impact on Endorsements: Suspensions often lead to authority cancellations, requiring reapplication after the period, with TfNSW reviewing fitness (section 59).

Example: A taxi driver with a low-range PCA suspension appeals to retain their Driver Authority, presenting evidence of hardship and rehabilitation.

Grounds for a Licence Appeal for Professional Drivers

Professional drivers have unique grounds for appeal under section 267 (police suspensions) and section 59 (TfNSW suspensions), focusing on the impact on their profession. Courts consider:

  1. Procedural Errors:
    1. Incorrect demerit points or improper suspension notice (section 271).
    1. Unlawful police action (section 36, LEPRA).
  2. Exceptional Hardship:
    1. Job loss or business closure due to inability to drive (e.g., truck driver losing contracts).
    1. Financial strain on dependents or company.
  3. Good Character and Record:
    1. Clean or minimal traffic history (obtained via Service NSW).
    1. Professional endorsements and positive references from employers or clients.
  4. Rehabilitation:
    1. Completion of TOIP ($150–$200) or counselling programs.
  5. Fitness to Hold Licence:
    1. Evidence you are a safe, responsible driver despite the offence.
  6. Public Safety vs. Hardship:
    1. Balancing the risk of reoffending against professional needs.

The Appeal Process for Professional Drivers

The appeal process is time-sensitive, with a 28-day deadline from the suspension notice (section 268). Below is the step-by-step process:

  1. Receive Suspension Notice: Issued by police (immediate) or TfNSW (mail), specifying the appeal deadline.
  2. File Appeal: Lodge an Application Notice via the NSW Online Registry (onlineregistry.lawlink.nsw.gov.au) or in person at a Local Court. Filing fee ~$100, waivable for hardship.
  3. Request a Stay (Police Suspensions): Apply to pause the suspension until the hearing, essential for professional drivers to continue working (section 267(3)).
  4. Gather Evidence: Collect employer letters, financial statements, character references, TOIP certificates, or medical reports.
  5. Prepare Submissions: A lawyer drafts arguments highlighting hardship and fitness to drive.
  6. Attend Hearing: Present your case before a magistrate, with TfNSW or police opposing. The hearing is scheduled 4–6 weeks after lodging.
  7. Court Decision: The magistrate may:
    1. Lift the suspension.
    1. Reduce the suspension period.
    1. Uphold the suspension.
  8. Appeal to District Court: If refused, appeal within 28 days (Crimes (Appeal and Review) Act 2001).

Evidence Required for a Successful Appeal

Strong evidence is essential to demonstrate exceptional hardship or fitness to drive. Key evidence includes:

  1. Employer Letter:
    1. Signed letter on company letterhead stating your role, licence necessity, and job loss risk.
    1. Example: A truck driver’s employer confirming contract losses without a licence.
  2. Financial Evidence:
    1. Payslips, bank statements, or tax returns showing reliance on driving income.
  3. Hardship Evidence:
    1. Affidavits detailing impacts on family or business (e.g., inability to transport goods for truck drivers).
  4. Character References:
    1. 2–3 letters from reputable individuals attesting to your responsibility.
  5. TOIP Certificate:
    1. Proof of completing the Traffic Offender Intervention Program to show rehabilitation.
  6. Traffic Record:
    1. Obtained from Service NSW, highlighting a clean or minimal record.
  7. Medical Evidence: (If applicable)
    1. Certificates supporting medical necessity or challenging unfitness suspensions.
  8. Procedural Evidence: (If applicable)
    1. Documents proving errors, such as incorrect demerit points or unlawful RBT (section 36, LEPRA).

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

Example: A bus driver gathers an employer letter, financial statements, and TOIP certificate to prove hardship, securing a lifted suspension.

Potential Outcomes of a Licence Appeal

The court can:

  • Lift the Suspension: Reinstate your licence if grounds are compelling (e.g., procedural errors or exceptional hardship).
  • Reduce the Suspension Period: Shorten the duration while upholding the suspension.
  • Uphold the Suspension: Require you to serve the full period.
  • Impose Conditions: Require TOIP completion or medical assessments.

For professional drivers, a successful appeal can preserve endorsements like taxi or heavy vehicle authorities.

Example: A taxi driver appeals a police suspension for mid-range PCA, presenting evidence of job loss, securing a reduced 3-month suspension.

Defences and Mitigation Strategies

While appeals focus on the suspension, related defences can support your case:

  • Procedural Errors: Unlawful RBT or incorrect points (section 14 or section 36, LEPRA).
  • Medical Defences: False BAC readings due to health conditions.
  • Necessity: Driving to avoid harm.
  • Mental Health Diversion: Treatment under section 14, Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

A section 10 dismissal or Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999 in the original case can prevent suspension entirely.

How a Sydney Traffic Lawyer Helps Professional Drivers

At Nicopoulos Sabbagh Lawyers, we:

  • Assess Appeal Prospects: Evaluate eligibility and grounds for taxi, Uber, truck, or bus drivers.
  • Gather Evidence: Compile employer letters, financial proof, and TOIP certificates.
  • Represent in Court: Advocate in Local and District Courts to lift or reduce suspensions.
  • Pursue Defences: Challenge underlying offences to avoid convictions.
  • Navigate Courts: Manage cases amidst disruptions like the Downing Centre closure.
  • Secure Outcomes: Achieve lifted suspensions or reduced periods for professional drivers.

Example: We reduced a 6-month suspension for an Uber driver charged with low-range PCA by presenting evidence of income loss and TOIP completion.

Steps to Take for a Licence Appeal

  1. Review Suspension Notice: Check eligibility and deadlines (28 days).
  2. Engage a Lawyer: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au.
  3. File Appeal: Lodge within 28 days via the NSW Online Registry or Local Court.
  4. Gather Evidence: Collect employer letters, hardship proof, or TOIP certificates.
  5. Prepare for Hearing: 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 professional drivers.
  • 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

Licence appeals for professional drivers in NSW, including taxi, Uber, truck, and bus operators, require strong evidence of hardship and legal expertise to succeed. At Nicopoulos Sabbagh Lawyers, our Sydney criminal lawyers and traffic law specialists provide expert representation to navigate the appeal process and protect your 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 21st 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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