Are you facing a license suspension? Understanding your appeal rights and time-frames is crucial.
Time is of the Essence:
- Police suspension: You have 28 days from the day you receive the police suspension to appeal.
- TfNSW suspension: You have 28 days from receiving the suspension notice to appeal. However, you should appeal within 28 days from the date of the notice of suspension letter to avoid procedural objections.
What Can You Appeal?
Appeal options vary depending on your license type:
Unrestricted Licences:
- Appealable:
- Police on-the-spot suspension for exceeding the speed limit by more than 45 km/h.
- TfNSW suspension for exceeding the speed limit by more than 30 km/h.
- Not Appealable:
- TfNSW suspension due to demerit point accumulation. (Alternative: Apply for a “good behaviour” license.)
Learner and P1/P2 Provisional Licences:
- Appealable:
- RMS suspension for demerit point accumulation (4 points for Learners and P1; 7 points for P2).
- Police on-the-spot suspension for exceeding the speed limit by more than 30 km/h.
- RMS suspension for exceeding the speed limit by more than 30 km/h.
Good Behaviour License (Unrestricted Only):
This option allows you to keep your license with 2 demerit points for 12 months. If you reach or exceed the 2 demerit points during the 12 month good behaviour licence period, your license will be suspended for double the original period. You cannot appeal a suspension as a result of breaching a good behaviour licence.
Court Appeal Process:
- Time Limit: Ensure your appeal is lodged with the Local Court registry within the relevant period, otherwise the Court has not jurisdiction to hear it.
- Possible Outcomes:
- Appeal Allowed: Your license is reinstated, and you can drive again.
- Appeal Dismissed: The suspension remains for the original period.
- Partial Appeal Success: The suspension remains but with a shorter period determined by the court.
- Need More Information?
Contact the expert team at Conditsis Newcastle on 02 4058 5844 for further guidance on appealing a license suspension.
