Losing your driver’s licence in NSW can be a devastating blow. It can impact your job, family responsibilities, and independence. Fortunately, appealing a licence suspension is possible in many cases. By filing an appeal in the NSW Local Court, you have an avenue to appeal licence suspension NSW. This guide explains who can appeal licence suspension in NSW he grounds for appeal, the steps to take, and tips to achieve a successful licence suspension appeal.

Who Can Appeal ?

Not every licence suspension can be appealed, but in NSW, you generally have the right to appeal if your licence is suspended for:

• Speeding more than 30 km/hr or 45 km/hr over the speed limit
• Driving with a low, novice, or special-range prescribed concentration of alcohol 
• Driving with an illicit substance in your system
• Receiving an immediate police suspension notice 

Note: Fully licensed drivers who accumulate too many demerit points cannot appeal that suspension.  The alternative is to choose a 12-month good behaviour period instead. Similarly, if you breach a good behaviour licence, the resulting suspension cannot be appealed. Always check your suspension notice – if it doesn’t mention an appeal right, that decision might not be appealable.

How to Appeal a Licence Suspension in NSW

Follow these steps to appeal a licence suspension:

1. File the Appeal: Obtain a “Licence Appeal” form from a Local Court or the NSW Online Registry. Complete the form and lodge it with the Local Court registry (in person or online). A filing fee applies.
2. Get a Court Date: The court will set a hearing date for your appeal.
3. Prepare Your Case: Before the hearing, gather evidence to support your case. This can include character references, proof of your need for a licence (for example, a letter from your employer about driving for work), any relevant medical documents, and proof of any rehabilitative steps you’ve taken (such as completing a Traffic Offenders Program).
4. Attend the Hearing: On the day, present your case to the Magistrate and explain why the suspension should be lifted or reduced. If you have a traffic lawyer, they will speak on your behalf.
5. Receive the Outcome: After hearing both sides, the Magistrate will announce the decision. The court can lift your suspension entirely, reduce the suspension period, or dismiss your appeal (meaning you must serve the full suspension). The decision takes effect immediately and is final and there is no further right of appeal. 

Grounds for Appealing Licence Suspension

A ground for appealing licence suspension suggest that the original decision maker made an error in their suspension decision, however the decision to suspend by Transport for NSW is discretionary and the appeal to the Local Court asks the Magistrate to reconsider the decision to suspend and if appropriate to exercise discretion to not suspend. When reviewing your appeal, the Magistrate will consider various factors which include:

• Need for Licence / Hardship: Highlight any severe hardships the suspension would cause – for instance, potential job loss or an inability to care for family members.
• Driving Record: A good driving history can support your appeal. If this incident is out of character for you, it may assist in the appeal.
• Circumstances of the Offence: for instance, if you were speeding due to a genuine emergency.
• Rehabilitation Steps: Mention actions you’ve taken since the offence to show you’re a responsible driver. This could include completing a Traffic Offender Program or other driver education course, or making personal changes to prevent reoffending.

For immediate police suspensions, the threshold is higher and you must show “exceptional circumstances” to persuade the court to lift or vary the suspension. Hardship alone (like needing to drive for work) is usually not enough. There must be something truly out of the ordinary to convince the court.

Frequently Asked Questions about Licence Suspension Appeals NSW

1. How long do I have to appeal a licence suspension in NSW?

You have 28 days from the date you received the suspension notice to file an appeal. The deadline for filing any such appeals would be in the notice of suspension.

2. Can I drive while waiting for the appeal hearing?

If you appeal a suspension before it starts (e.g. a Transport NSW notice), the suspension is paused while your case is pending, so you can continue driving until the court hearing. However, if your licence was suspended immediately by police, filing an appeal does not lift that suspension – you cannot drive unless the court overturns the suspension.

3. What are common grounds for a licence suspension appeal?

Common grounds include demonstrating a strong need for a licence (for work, family, etc.), a good driving history, and any special circumstances of the offence that would justify leniency.

4. Can all licence suspensions be appealed?

No. Some suspensions are not appealable. For example, a full licence holder’s demerit-point suspension cannot be appealed.

5. Do I need a traffic lawyer to appeal my licence suspension?

No but a experienced traffic lawyer knows what evidence and arguments can be most effective and can present your case persuasively. Their expertise may significantly improve your chances of a successful licence suspension appeal. 

Need Help Appealing a Licence Suspension? Contact Us Today

Losing your licence can disrupt your life, work, and family responsibilities — but you may have legal grounds for appealing licence suspension.  At AMA Legal, our experienced traffic lawyers understand how to present a persuasive case to the court.

Call us on (02) 8610 3764 or request a free consultation.