Life without a licence can be extremely difficult. Your licence might be vital for your job or to care for your family. If you live on a property or in an area with limited public transport, getting by without a licence can be even more difficult. If your licence has been suspended by the Roads and Maritime Services (RMS) or the police, there may be something you can do about it.

CAN I APPEAL MY LICENCE SUSPENSION?

If the police suspend your licence for one of the reasons below, you can appeal to the Local Court:

You exceeded the speed limit:
- by over 30km/hr and hold a full licence
- by over 45km/hr and hold a full licence
- by over 30km/hr but less than 45km/hr and hold a learner or provisional licence
If the police have ‘immediately suspended’ your licence as you have been charged with:
- a mid-range or high-range PCA driving offence
- drag racing / street racing
- driving whilst under the influence
- failure to submit to a breath analysis
- an offence involving serious injury to another person while driving

These offences are defined as 'appealable decisions' under section 266, and listed under section 224 of the Road Transport Act 2013 (NSW).

You can also appeal decisions made by the Roads and Maritime Services to suspend your licence because:

you exceeded the speed limit by more than 30km/hr
you exceeded the speed limit by more than 45km/hr
you accumulated demerit points and are a provisional licence holder
you are not a fit and proper person to hold a licence (eg. on medical grounds)

Are there any decisions I can't appeal?

You CANNOT appeal decisions if your licence was suspended because:

you accumulated demerit points and are a fully licenced driver
you hold an interlock driver's licence which was suspended by the RMS
you breached a good behaviour bond

how do I appeal a decision?

To appeal a decision, you must lodge a notice of appeal and file it with the Local Court:

within 28 days of receiving your suspension notice (s.267(2) Road Transport Act 2013) in the case of a police suspension, OR
within 28 days of receiving the RMS letter notifying that your licence will be suspended by the RMS

You will need to provide evidence to support your application. It is helpful to have:

Character references that show you are of good character
A statement from you outlining why you need your licence (eg. work, family or any other reasons) and what hardship you or others face without it
A letter from your employer, if you need your licence for work
A letter from the doctor or medical certificate, if you need your licence because of health reasons or because you are someone's carer
Evidence of limited public transport, such as a bus timetable or map showing the distance between your home and local services, if driving is the only way for your to get where you need

You should be aware that an appeal costs money. There is an application fee of $95. You will also need to pay for your lawyer to run the appeal.

Once you have lodged your appeal, you are generally permitted to continue driving until the Court date listed on your Notice of Listing and / or if your matter is adjourned to another date from the initial date. There are exceptions to this where you cannot drive until the appeal is determined - for example, in the case of an immediate police licence suspension, or if you are suspended on medical grounds. This can be tricky and you do not want to get it wrong. If you are unsure, you should speak to your lawyer about this.

If you do not lodge your appeal within 28 days, you lose your right to appeal altogether and the suspension will continue.

What does the Court take into account?

When deciding on your appeal, the Court will generally take into account the following factors:

the circumstances of the offence that caused your licence to be suspended
your driving record
whether you are a fit and proper person capable of holding a licence again
your need for a licence

What can the Court do?

To vary or set aside a licence suspension, the Local Court has to be satisfied that you are a 'fit and proper person' to hold a licence. Whereas it is a lot harder to succeed in appealing an immediate licence suspension - you must show that there are 'exceptional circumstances' to justify that course of action (s.268(5) Road Transport Act 2013 (NSW)).

There are three possible outcomes of a licence appeal:

1. Dismiss the appeal - this means that the suspension will continue

2. Vary the decision - the Court may reduce the suspension period

3. Uphold the appeal - this means the suspension period will be set aside and you can continue to drive

It is important to know that the Court's appeal decision is final and binding.

Ideally you should speak to your solicitor before you decide to lodge a licence appeal – you need advice as to your rights and obligations so that you are more comfortable with the processes and understand what is happening. Only then can you make the best decisions.

YOUR NEXT STEPS WHEN YOU ARE LODGING A LICENCE APPEAL

1. Call Tankard's Law. Contact us immediately after receiving your suspension notice. Remember there are only 28 days to appeal a licence suspension decision. You will need proper advice as soon as possible. We can help you take the right action immediately. Contact us early, and we will help you achieve the best outcome.

2. Gather material immediately. You should immediately type out your version of what occurred and provide this to us – this step is crucial. Write down the reasons why you need a licence, and the ways your work, family or health will be impacted without it.

3. Prepare. Your case is important. Your best chance in achieving the outcome that you want is to prepare your case properly and thoroughly. Let Tankard's Law help you.

If you have a question about the processes involved in lodging an appeal, preparing for an appeal or attending court and running the appeal, contact us by phone on 02 6921 3220 or make a website enquiry. We will get back to you promptly.

Principal Solicitor and Director, Zac Tankard, has been helping Riverina locals charged with criminal and traffic offences since 1998. There is no one better qualified to get behind you when you need it most.