Driving Licence Appeals and Applications

Driving Licence Laws in NSW

In NSW, if you are 16+, you must carry a drivers licence when driving a vehicle. 

Getting a driving licence involves several stages:

Each licence category has specific conditions. Breaching them can result in fines, suspensions or disqualification, with penalties varying based on the severity of the offence.

Understanding Driving Licence Suspensions and Disqualifications

In NSW, your driver’s licence can be suspended or disqualified for various traffic offences. Grounds for suspension include:

• Excessive speeding – If you exceed the speed limit by more than 30km/h or 45km/h as a provisional or full licence holder, you will face an automatic suspension.
• Drink or drug driving offences – Driving under the influence of alcohol or drugs, whether exceeding the prescribed alcohol concentration or being found impaired due to substance use, can lead to immediate suspension and disqualifications.
• Street racing or hooning offences – Engaging in dangerous driving behaviour such as racing or reckless driving will likely result in the suspension of your licence.
• Driving without supervision – Learner drivers caught driving without a fully licenced supervisor face strict penalties, including suspension.
• Accumulating too many demerit points – Drivers who exceed the demerit point limit over a designated period will be issued a suspension notice.
• Serious traffic accidents – If you cause a serious accident that results in death or grievous bodily harm, authorities may suspend your licence as part of legal proceedings.

Licence suspensions can be imposed either immediately by the NSW Police or issued via a formal notice from Transport for NSW. Your ability to appeal the suspension depends on who issued it and the nature of the offence.

What is a Licence Disqualification?

Licence disqualification differs from suspension in that it is imposed by the court as a punishment for more severe or repeated traffic offences. When a driver is disqualified, they must reapply for a new licence once the disqualification period ends. Common reasons for licence disqualification include:

• Serious traffic offences
• Driving while already suspended or disqualified
• Drink driving, dangerous driving or driving causing death or grievous harm

If disqualified, you must reapply for a new licence after the period ends. Appeals and applications for disqualification removal are possible, provided no major offences have occurred within 2-4 years.

Common Reasons for Licence Appeals

Licence suspensions can often lead to licence appeals. Here are some common reasons for licence appeals in NSW:

Suspensions that can be appealed for Unrestricted Licence Holders

Exceeding the speed limit by more than 30km/h

If you’re caught speeding over 30km/h above the speed limit, you can expect to receive a 3 month licence suspension. However, the process of appeal depends on who suspended you. 

If suspended by NSW Police

If you’re caught exceeding the speed limit by more than 30km/h and pulled over by the Police, you will be fined and lose 5 demerit points. The Police also have the right to suspend your driver’s licence on the spot. 

If this happens you can appeal the suspension to the Local Court (as long as you do so within 28 days). However, as it is a Police issued suspension, you will need to show to the court that you have ‘exceptional circumstances’ for the appeal to be successful. This is a very high threshold.

If suspended by Transport for NSW

If you’re caught doing over 30km/h by a speed camera or the Police (but they don’t issue you a notice of suspension on the spot), you will receive a notice of suspension from Transport for NSW.

Once you receive this notice, you have the right to appeal the decision to the Local Court. This must be lodged before the due date in the notice of suspension. The court will consider a number of factors in determining your appeal, such as: 

• If you have completed a Traffic Offenders Program.
• Your traffic record.
• Your need for a licence. 
• The circumstances of the offence.

Exceeding the speed limit by more than 45km/h

If you are caught exceeding the speed limit by more than 45km/h, the right of appeal process is the same as above. However, there are more significant penalties. 

You will receive a more substantial fine and will lose 6 demerit points. There is also an automatic licence suspension for 6 months, compared to 3 months.  Again, this can be appealed to the Local Court, as long as it is lodged by the due date in the notice of suspension.

Suspensions that can’t be appealed for Unrestricted/Full Licence Holders

Accumulation of demerit points

Unrestricted licence holders do not have a legal right to appeal a licence suspension for accumulating too many demerit points. This is only available to provisional licence holders (P1 and P2 Licences).

However, when you receive a penalty notice that will put you over your demerit point threshold, you can elect to take the penalty to court. If you are found not guilty, or plead guilty and don’t receive a conviction, you won’t lose any demerit points and will be able to keep your licence. 

Alternatively, you can elect to go on a good behaviour licence. This is for a period of 12 months, where you will only have two demerit points. However, if you incur two or more demerit points during this 12 month period, your original licence suspension period will be doubled. You must elect to go on the good behaviour licence by the date in your notice of suspension. 

Suspensions that can be appealed for Provisional Licence Holders (P1 + P2)

Exceeding the speed limit by more than 30km/h or 45km/h

Provisional licence holders have the same rights as drivers on their full licence to appeal automatic suspensions for exceeding the speed limit over 30km/h or 45km/h. See above for more information. 

Accumulation of demerit points

If you are a P1 or P2 driver and accumulate more than your allocated demerit points, you will receive a notice of suspension. This will normally be for a period of 3 months, depending on how many demerit points you have incurred. 

You are entitled to appeal this suspension to the Local Court. Any appeal must be lodged by the date in the notice of suspension. If this date is missed, then there is no right of appeal. 

The Licence Appeal Process:

You can appeal to the local court if your licence has been suspended. To do this, you must:

1. Complete an Application Notice to the Local Court.
2. File your application form online and pay the filing fee.
3. Attend your court hearing.

The court will take into account your driving record, the circumstances of the offences and your need for a licence. If the court lifts your suspension, you’ll receive your licence back. If your appeal is denied, your licence will remain suspended for the duration of the original suspension period, which is typically 3 to 6 months.

Navigating the appeals process can be difficult, especially if you have a record or the nature of the offences that have caused the suspension. To help simplify the process and better your chances of getting your licence back, it’s a good idea to contact the team at Morrisons. Our lawyers can help prepare your documents and get you ready for your court date, ensuring you have the best defence for a good outcome.

Applications to remove Court ordered disqualifications

In certain situations, the law also allows applications to be made to remove or reduce Court imposed licence disqualifications. This can be for a range of different offences, such as driving while suspended or driving while disqualified. 

If you are still subject to a Habitual Traffic Offender Declaration, applications can also be made to have these removed. Such declarations no longer exist in NSW, so these applications often have a high rate of success. 

Contact one of Morrisons expert traffic lawyers to provide you with further advice in a free initial consultation.