Losing your driver’s licence in New South Wales (NSW) can disrupt your life, affecting your ability to work, care for family, or manage daily tasks. Whether your licence has been suspended due to demerit points, drink driving, speeding, or other traffic offences, you may have options to regain your driving privileges through a licence appeal or a good behaviour licence. These two mechanisms serve distinct purposes under NSW law, offering different pathways to address a suspension. Understanding their differences, eligibility criteria, and processes is critical to choosing the right approach. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to navigate licence appeals and secure good behaviour licences 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 comprehensive Article, we explore licence appeals and good behaviour licences in NSW, detailing their differences, legal frameworks, processes, 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 in NSW
Driver’s licence suspensions in NSW are governed by the Road Transport Act 2013, which authorises Transport for NSW (TfNSW) and NSW Police to suspend licences for various reasons. The Road Safety Plan 2021 has introduced stricter enforcement, including enhanced demerit point monitoring and mandatory interlock programs for serious offences. Suspensions can be issued 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 or negligent driving.
Licence appeals and good behaviour licences provide two distinct options to address suspensions, each with specific eligibility and processes.
What Is a Licence Appeal?
A licence appeal is a legal process where you challenge a suspension decision in the Local Court, seeking to have it lifted, reduced, or varied. Appeals are regulated by section 267 (police suspensions) and section 59 (TfNSW suspensions) of the Road Transport Act 2013.
Types of Appealable Suspensions
- Police Suspensions:
- 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:
- 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
- Receive Suspension Notice: Issued by police (immediate) or TfNSW (by mail).
- File Appeal: Lodge within 28 days via the NSW Online Registry or in person at a Local Court (filing fee ~$100, waivable for hardship).
- Prepare Evidence: Gather documents like character references, employment letters, or Traffic Offender Intervention Program (TOIP) certificates ($150–$200).
- Attend Hearing: Present your case before a magistrate, who may question you. TfNSW or police may oppose.
- Court Decision: The court can:
- Allow the appeal (lift suspension).
- Vary the suspension (reduce period).
- Dismiss the appeal (uphold suspension).
Grounds for Appeal
- Police Suspensions: Demonstrate exceptional circumstances, such as significant hardship (e.g., job loss, no public transport) or procedural errors (e.g., unlawful RBT under section 36, LEPRA).
- TfNSW Suspensions: Prove you are a fit and proper person to hold a licence, supported by a clean driving record, good character, and need for a licence.
What Is a Good Behaviour Licence?
A good behaviour licence is an alternative to a demerit point suspension offered by TfNSW under section 36 of the Road Transport Act 2013. It allows eligible drivers to avoid suspension by committing to a 12-month period with a reduced demerit point limit.
Eligibility
- Unrestricted Licence Holders: Available for suspensions due to exceeding 13–20 demerit points.
- Professional Drivers: Available for exceeding 14 points.
- Exclusions: Not available for P1, P2, or learner drivers, or for suspensions unrelated to demerit points (e.g., drink driving, speeding over 45 km/h).
Conditions
- Demerit Point Limit: 2 points for 12 months (instead of the usual 13).
- Duration: 12 months from the suspension’s intended start date.
- Application: Request via TfNSW within 28 days of receiving the suspension notice (online or at Service NSW).
- Cost: Free to apply, but a replacement licence fee (~$30) may apply.
- Breaching Conditions: Accumulating 2+ points during the period results in a suspension twice the original length (e.g., 3-month suspension becomes 6 months).
Example: An unrestricted driver with 13 demerit points opts for a good behaviour licence, maintaining their driving privileges by avoiding further offences for 12 months.
Key Differences Between Licence Appeals and Good Behaviour Licences
| Aspect | Licence Appeal | Good Behaviour Licence |
| Purpose | Challenge a police or TfNSW suspension to lift or reduce it. | Avoid a demerit point suspension by committing to a 12-month good behaviour period. |
| Eligibility | Police suspensions (e.g., drink driving, speeding) and TfNSW suspensions (e.g., fines, medical). | Unrestricted/professional drivers with demerit point suspensions only. |
| Process | Court application, hearing, and evidence presentation. | Administrative request to TfNSW, no court involvement. |
| Timeframe | File within 28 days; hearing in 4–6 weeks. | Apply within 28 days; effective immediately if approved. |
| Cost | Court filing fee (~$100, waivable) plus legal fees. | Free (possible licence replacement fee). |
| Outcome | Suspension lifted, reduced, or upheld. | Suspension avoided if no offences for 12 months; breach doubles suspension. |
| Evidence | Character references, hardship proof, TOIP certificate. | No evidence required; simple application. |
| Court Involvement | Mandatory (Local Court). | None; TfNSW decision. |
| Risk | Appeal may fail, upholding suspension. | Breaching 2-point limit doubles suspension period. |
Example: A P2 driver with a 3-month demerit suspension must appeal in court, as they are ineligible for a good behaviour licence, while an unrestricted driver can choose a good behaviour licence to avoid a similar suspension.
Evidence for a Successful Licence Appeal
For a licence appeal, compelling evidence is critical to persuade the magistrate. Key evidence includes:
- Character References:
- 2 letters from employers, colleagues, or community leaders attesting to your good character and low reoffending risk.
- Example: An employer’s letter confirming your reliability and remorse.
- Apology Letter:
- A sincere letter to the court acknowledging the offence and outlining reform steps (e.g., TOIP completion).
- Employment Evidence:
- Letters from employers stating the need for a licence and risk of job loss.
- Example: A tradesperson proving driving is essential for client visits.
- Hardship Evidence:
- Affidavits or letters showing family or personal impacts (e.g., no public transport for school drop-offs).
- Medical Evidence:
- Certificates supporting medical necessity or challenging unfitness suspensions.
- TOIP Certificate:
- Proof of completing the Traffic Offender Intervention Program to show rehabilitation.
- Traffic Record:
- Obtained from Service NSW, highlighting a clean or minimal record.
- Offence Circumstances:
- Evidence mitigating the offence (e.g., low BAC, no crash).
Presentation: Provide originals and three copies for the court, prosecutor, and your records.
Applying for a Good Behaviour Licence
No evidence is required for a good behaviour licence, as it’s an administrative process:
- Receive Suspension Notice: TfNSW notifies you of a demerit point suspension.
- Apply to TfNSW: Submit a request online or at Service NSW within 28 days.
- Sign Undertaking: Commit to accruing no more than 2 demerit points for 12 months.
- Comply: Avoid offences to maintain your licence.
- Consequences of Breach: A doubled suspension period if 2+ points are accrued.
Example: A professional driver with 14 points applies for a good behaviour licence, avoiding a 3-month suspension by driving offence-free for 12 months.
Defences and Mitigation Strategies
For licence appeals, related defences can strengthen your case:
- Procedural Errors: Unlawful RBT or incorrect demerit 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) in the original case can prevent suspension entirely.
How a Sydney Traffic Lawyer Helps
At Nicopoulos Sabbagh Lawyers, we:
- Assess Options: Determine if an appeal or good behaviour licence is best.
- Gather Evidence: Compile references, hardship proof, and TOIP certificates for appeals.
- Represent in Court: Advocate for lifting or reducing suspensions.
- Advise on Good Behaviour: Guide you through TfNSW applications.
- Appeal Further: Challenge Local Court decisions in the District Court.
Steps to Take
- Review Suspension Notice: Check eligibility for appeal or good behaviour licence.
- Engage a Lawyer: Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au.
- Gather Evidence (Appeals): Collect references, hardship proof, or TOIP certificates.
- Apply: File an appeal within 28 days or request a good behaviour licence.
- Prepare for Court (Appeals): Work with your lawyer to build a case.
- Comply: Follow court or TfNSW conditions.
Why Choose Nicopoulos Sabbagh Lawyers?
We offer:
- Specialised Expertise: Deep knowledge of the Road Transport Act 2013.
- Proven Results: Securing lifted suspensions and good behaviour licences.
- 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 and good behaviour licences offer distinct pathways to address suspensions in NSW, with appeals requiring court evidence and good behaviour licences offering an administrative alternative for unrestricted drivers. At Nicopoulos Sabbagh Lawyers, our Sydney criminal lawyers and traffic law specialists provide expert guidance to choose the right option and achieve a favourable outcome. Contact us today at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au to protect your driving privileges.
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