How to Appeal a NSW Drivers Licence Suspension

How to Appeal a NSW Drivers Licence Suspension

There are a number of reasons why you might have your NSW drivers licence suspended, these include:

  • Unpaid fines
  • Accumulation of demerit points
  • Speeding
  • On the spot for certain major traffic offences

If you have received a letter from Roads and Maritime Services (RMS) regarding a NSW drivers licence suspension or the police have suspended your licence, you might be able to appeal the decision. If you have received a suspension, you have 28 days from receipt to file an appeal with the Local Court.

How to Appeal a NSW Drivers Licence Suspension

When appealing a NSW drivers licence suspension, you will need to fill in and file one of two forms. For a police suspension you need to complete an Application Notice – General, and for an RMS Suspension you will need to complete an Application Notice – RMS Licence Appeal. Both forms are available from the Local Court website and once completed will need to be filed with the Local Court.

When you file your form, the Local Court will provide you with a copy of the form and they will put the appeal date on it. This date could be weeks or months after you file the form.

Supporting documents for the appeal

In making application to appeal a licence suspension you may need to:

  • Establish that you are of good character with character references;
  • Provide witness statements detailing extenuating circumstances;
  • Provide an employer’s statement detailing the licence need or a statutory declaration detailing personal licence need (family transport requirements).

Copies of documents should be provided to the prosecution, kept for your records and originals provided to the Court. Always take spares just in case.

How to present your case

A NSW traffic lawyer will have the experience to help get you the best outcome. However, you could present your own case.

Failure to attend court could result in the Magistrate dismissing the appeal or they may hear it in your absence. When the Magistrate calls you to make submissions you may want to explain the following:

  • An outline of your driving history
  • A statement detailing why you think you are of good character
  • Why you need your licence
  • Any potential hardship you or your family will face from suspension
  • Whether public transport is an option for you and your family

If you are appealing a police suspension, you may also need to detail any extenuating circumstances. At the end of the day, the outcome of the appeal is at the Court’s discretion.

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