Licence Suspension Appeals

9 May 2025 in Criminal Law | 4 min read | skip to FAQs

In New South Wales, Transport for NSW (TFNSW) holds the power to suspend a driver’s licence for certain speeding offences and/or the accumulation of demerit points on your licence. While some suspensions from TFNSW can be appealed to the Local Court, there are other suspensions which cannot be appealed. This article explains which licence suspension decisions can be appealed, how the process works and the key differences between appealing a suspension and appealing the offence itself.

Which Licence Suspensions Decisions Can Be Appealed?

Section 59 of the Road Transport Act 2013 gives TFNSW the authority to suspend a driver’s licence for certain offences. Drivers who commit serious speeding offences, or those who accumulate demerit points beyond the limit of their current licence, may face suspension. Some of these decisions can be appealed to the Local Court.

A decision that is appealable to the Local Court is speeding offences. If a driver exceeds the speed limit by more than 30km/h or 45km/h, TFNSW will issue a licence suspension notice. In these cases, the driver has the legal right to lodge an appeal with the Local Court. However, in some cases, appealing may not be the best option, as explained later in the article. Provisional licence holders are also subject to suspension for accumulating demerit points. A P1 licence holder (Red P’s) will face a period of suspension if they accumulate four or more demerit points, while a P2 licence holder (Green P’s) will face a period of suspension if they accumulate seven or more demerit points. In both cases, the driver has the right to appeal the demerit point suspension to the Local Court.

Which Licence Suspensions Cannot Be Appealed?

There are specific requirements related to which licence suspension decisions cannot be challenged through an appeal. This includes a suspension of an unrestricted licence due to the accumulation of demerit points, suspension of an interlock licence, and suspension of a good behaviour licence for breaching the conditions by incurring two or more demerit points. In these cases, the driver will be required to serve the full suspension period, with no right to challenge the decision in court.

Provisional Appeals

After TFNSW issue a Notice of Suspension letter, you have 28 days from the date of the notice to file an appeal. The letter will clearly indicate the date on which the suspension will begin, and the final date to lodge an appeal. If you fail to lodge an appeal within the period stated, the court will no longer have the authority to hear the appeal, and the suspension will have to be served.

When an appeal is heard in the Local Court, there are three possible outcomes:

1. The court can allow the appeal and remove the suspension entirely
2. The court can dismiss the appeal but reduce the suspension period
3. The court can dismiss the appeal entirely with no changes to the suspension period

The Road Transport Act 2013 does not outline a specific test or criteria in relation to deciding appeals. However, in most cases, the court typically considers whether the driver is a ‘fit and proper person to hold a licence’. This will involve considering the individuals traffic record and criminal history, the circumstances of the offences leading to the suspension and the drivers demonstrated need for a licence.

Will Appealing a Demerit Point Suspension Result in a Criminal Conviction?

No, appealing a demerit point suspension itself does not carry the risk of receiving a criminal conviction if unsuccessful. A licence suspension appeal is an administrative power carried out by the Local Court and relates only to the suspension of the licence, not the offences that led to it. Appealing a demerit point suspension will not result in additional fines or a criminal record.

Appealing a Suspension due to a Speeding Fine can result in a Criminal Conviction

It is important to understand the differences between an appealing a demerit point suspension and appealing a speeding fine. If you are appealing a demerit point suspension, the Local Court is only reviewing the decision to suspend your licence and no criminal conviction will be recorded. On the other hand, if you are appealing a suspension resulting from a speeding offence, such as 30km/h or 45km/h over the speed limit, the offence itself will be heard by the court. If the court finds you guilty and records a conviction, this will result in a criminal record if you do not receive a non-conviction order.

If you pay the fine for a speeding offence outside of court, no criminal conviction will be recorded. However, if you elect to have the matter heard in court and are found guilty, the court has the discretion to impose a conviction, which will then appear on your criminal record. A court election involves choosing to have the offence itself determined by the Local Court in its criminal jurisdiction. The person who has made the election will be asked whether they wish to enter a plea of guilty or not guilty to the offence.

Therefore, appealing a suspension due to a speeding offence carries significant risk and is only advisable to do if there are extenuating circumstances or you believe speeding fine or suspension was given in error.

How can BSM Sydney Lawyers help you?

Brander Smith McKnight Sydney Lawyers has a team of criminal lawyers who are highly experienced in traffic offences and licence appeals. The criminal legal team at BSM Sydney Lawyer are able to assist you throughout the process, including filing the application to appeal your licence suspension and advising on the collection of subjective material to assist in the outcome. The criminal lawyers BSM Lawyer Sydney offer a free 20 minute consultation to discuss your matter and provide initial advice on your options and the prospects of success.

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BSM Lawyer Sydney has offices conveniently located in Sydney CBD, Sutherland, Parramatta, Shellharbour and Wollongong.