When Can You Appeal A Licence Suspension?

When can you receive a licence suspension?

You can receive a licence suspension from the police or Roads and Maritime Services (RMS) for the following reasons:

–       For speeding more than 30 km/hr over the speed limit (3 months’ suspension)

–       For speeding more than 45 km/hr over the speed limit (6 months’ suspension)

–       If you are a provisional licence holder and  have accumulated too many demerit points

–       If you are a Learner or P1 plate driver and commit any speeding offence (3 month suspension)

–       If you are a P2 plate driver and have a committed a second speeding offence (3 months suspension)

I have a full licence and have lost 12 demerit points; Can I appeal the 3 months suspension?

People with full licences are unable to appeal a demerit points suspension. If you accumulate too many points, your only option is to serve the suspension or elect to go on a good behaviour licence with the RMS for 12 months. Making an election is voluntary however if you accrue two or more demerit points in the good behaviour period then the original suspension will be re-imposed for twice the original period.

What evidence will I need to argue my case in court?

You will need to provide evidence to support your licence suspension appeal. The court may decide that your licence should not be suspended where:

·         you are of good character

·         you need your licence for work or family reasons

·         There is some other good reason that the court should overturn the suspension.

How can you prove you need your licence for work or family reasons?

–       a letter from your employer explaining what work you do and why you need your licence

–       a medical certificate or doctor’s letter if you need your licence because you are someone’s carer, or

–       evidence of lack of access to public transport, distance between your home and your children’s school or child care.

How will the Court deal with my Appeal?

When hearing a license appeal, the Magistrate has the following options available:

1.     Allow the appeal so you do not receive any suspension at all.

2.     Reduce the suspension;

3.     Dismiss the appeal and confirm the original suspension imposed by the RMS;

What happens if the Court refuses my Licence Suspension Appeal?

Once your appeal is determined by the Local Court Magistrate you cannot appeal the decision of the Magistrate.