How to appeal a licence suspension in Australia?

Do you need to appeal a licence suspension? A suspended licence can throw your world into chaos. Whether it’s a speeding ticket, a DUI (drinking under the influence) or demerit points, losing your licence is a real hassle.

But before you give up and start relying on friends and public transport, know this: you have choices. In this article, we will outline a few options that you may have in case of licence suspension. 

Traffic Offences That Can Lead to Licence Suspension

Getting pulled over by the police is stressful enough. But some situations can get even worse and result in your licence being suspended immediately. Here’s a closer look at why an officer might do that:

1. Serious Accidents with Casualties: If you’re in an accident with death or serious injury, reckless driving or impairment is likely. To protect the public and give time for an investigation, the officer will suspend your license on the spot. So, you’re not driving while the accident is being investigated.
2. Excessive Speeding: Speed limits are in place for a reason – for drivers, passengers and pedestrians. Exceeding the limit by a lot (45 km/h or more for full licenses, 30 km/h or more for learner/provisional) shows you don’t care about traffic safety and that’s suspension-worthy.
3. Driving Under the Influence: When it comes to a license suspension appeal, driving under the influence of alcohol or drugs is a big deal. Blood alcohol concentration (BAC) above the PCA or obvious impairment are suspension grounds. Driving under the influence is a huge accident risk.
4. Reckless Driving (Hoon Offences): Street racing, burnouts and other crazy stuff puts you and others at risk. That’s disregard for safe driving and suspension-worthy. The officer is taking you off the road to stop the danger.
5. Learner’s Permit Violations: Learner’s permits come with conditions – like having a supervising driver with you. If you’re caught driving without the necessary supervision, that shows you don’t know how to drive and that’s suspension.

Note: Hoon is an Australian term for reckless or dangerous driving.

Immediate Licence Suspension Periods in New South Wales

In NSW, the police have the power to do this for various driving offences. This licence guide will show you the suspension periods for each offence:

1. Most Serious Offences: If you’re in an accident that causes death or serious injury or if you are street racing or hooning, your licence will be suspended until your court case is heard. These are big risks and need to be legally reviewed before your driving rights are restored.
2. Excessive Speeding: The penalty varies with your licence type. Full licence holders exceeding the limit by 45 km/h or more will be suspended for 6 months. Learner and provisional license holders going 30 km/h or more over will have their licenses suspended for 3 months.
3. Driving Under the Influence (DUI): The DUI offence severity determines the suspension period. Low-range DUI is 3 months, but mid-range, high-range DUIs and driving with a prescribed concentration of alcohol (PCA) will be suspended until your court case is heard – same as the most serious offences.

How to appeal licence suspension in NSW? 

A suspended license is a hassle. But in NSW, you have the right to appeal! You can make an appeal through the NSW Online Registry. Keep the below information handy before you start the process:

• Info from your suspension letter – date issued and license number (not the card number).
• Deadline: For Roads and Maritime decisions, you have 28 days to file from the letter.

File online through the NSW Online Registry.

How to File Your License Suspension Appeal Online

Steps to file:

1. NSW Online Registry: onlineregistry.lawlink.nsw.gov.au. Log in (or register if you haven’t already).
2. Start a New Case: Click “Start a New Case” and select “Licence or Vehicle Registration Appeal Form.”
3. Appeal Type: RMS or police decision?
4. Details: Fill in the form with info from your suspension letter – date, license number, and do you have legal representation?
5. Grounds for License Suspension Appeal: Briefly explain why you’re appealing. Be honest and specific – grounds might be being a fit and proper driver, needing your license for work, or good driving history.
6. Court Location: Choose the court.
7. Review and Submit: Review, edit and submit. Then pay.
8. Confirmation and Next Steps: After payment, you’ll receive an email with a downloadable application notice (with court date) and tax invoice. Print the application notice and bring to court with your original suspension letter.

Importantly, to successfully appeal a driver’s licence suspension, you need a good driving record and character references – among other things. The judge will look at hardship and special circumstances of the offence. Evidence to support your case – like a faulty speedometer for speeding – is helpful.