Licence Appeals are appeals to the Roads and Maritime Service (“RMS”) for the suspension of a driver’s licence to be waived or reduced. You may lodge a licence appeal if your licence will be suspended for:

• Speeding 30 km or 45 km over the speed limit; or
• Your licence will be suspended on account of an accumulation of demerit points and you are a P Plater.

Note: full licence holders cannot appeal for the suspension to be reduced or waived because of demerit points. You can select to apply for a good behaviour licence or have a charge dismissed pursuant to section 10, thus avoiding a licence suspension or disqualification.

Licence Appeals must be lodged within 28 days of receiving a notice of suspension from the RMS. If your licence is going to be suspended, contact our office for advice about your prospects of having the suspension set aside.

A Licence Appeal proceeds before a Magistrate in the Local Court of NSW. The Magistrate may do one of three things:

• Uphold the Appeal. Your licence will not be suspended but you will keep the demerit points you have accrued; or
• Reduce the suspension period e.g. from 3 months to 3 weeks thus causing your demerit points to reset; or
• Dismiss the Appeal and direct you to serve the suspension, usually from the date of Court. 

There is no legal test that a Magistrate must undertake in determining how you are dealt with. However, a court will typically give weight to the following factors:

• Your traffic record. The better your record, the better your prospects of success;
• Your character generally;
• Your need for a licence; and
• The circumstances of your offending.

To prepare your case evidence supporting submissions should be tendered to the Court. 

Evidence that may assist include:

• Certificate of completion for the Traffic Offenders Rehabilitation Program.
• References from employers, family members and health professionals stating why you have a need for a driver’s licence e.g. for work, to pick up and drop off children from school, a chronic back condition, etc.
• Employment contracts stating that having a driver’s licence is a condition of employment.
• Medical documentation about any medical conditions you or members of your family have.
• Trip planner documents showing geographic isolation or unavailability of public transport from your residential address to your place of employment.
• A letter of apology or an affidavit stating what happened.