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Legal > Traffic Law & Traffic Offences

Licence Appeals:

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Under section 18(1)(e) of the Road Transport (General) Regulation 2005 (NSW), you can appeal the decision of the Roads and Maritime Authority to suspend your driver’s licence. Under section 20 of the Regulation, the Local Court may confirm or disallow the decision to suspend a person’s drivers licence, or may make such other order as in the circumstances the Court feels is just. It is important to note that an appeal against the suspension of your licence is not an appeal against your original traffic offence.

Good behaviour licence

Unrestricted licence holders who receive a Notice of Suspension due to the accumulation of Demerit Points can apply for a 12 months good behaviour period instead of having their drivers licence suspended. A good behaviour election must be made before the suspension begins. If the election is not made before the required date, then the suspension of your licence will generally be enforced.

If, during the period of good behaviour licence period, you accumulate 2 or more Demerit Points, your licence will be suspended for double the original suspension time. If you decide to take the option of electing to drive on a good behaviour licence you will need to drive extremely carefully over the following 12 months to ensure that you do not receive any further traffic infringements.

The main advantages to this option are that you may be able to retain your licence and still be able to drive, and that once your 12 months good behaviour period finishes all of your current Demerit Points are deleted and you have a ‘full set of points’ again.

Appealing the suspension of your licence in Court

You may choose to pay the fine and wait for the suspension notice to be sent out from the RTA. Once you have received the notice of suspension, you may elect to appeal the suspension through the Local Court.  Generally speaking, you will need to move quickly and file your Appeal with the Local Court within the strict time limits that are allowed by the legislation.  If you do not file your appeal within the time limits allowed by the legislation, the Magistrate will not be able to hear your appeal and your driver’s licence suspension will remain in force.

At Court, you will have the opportunity to appeal to the Local Court Magistrate against the Suspension.  Amongst other things, we can make submissions on your behalf, outlining the reasons as to why we say you should be successful in your Appeal.  Amongst other things, we will usually make submissions about your character and put to the Court any other matters (like your need for a licence) that the Court may wish to consider.

Navado Lawyers and Solicitors regularly appear in local Courts across Sydney to assist people with their licence appeals. We are able to give you sound legal advice and Court representation, so that you are fully aware of all your options in relation to the suspension of your licence. If you have received a Notice of Suspension from the Roads and Maritime Authority, we recommend that contact one of our traffic lawyers and arrange a meeting in our Sydney CBD office, or speak with us at one of our branch offices located across the Sydney metropolitan area including, Hurstville, Parramatta, Gordon and Cambelltown.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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