Appeals against TfNSW suspensions may be lodged in court if you:
- exceed the speed limit by more than 30Km/h (3-month suspension),
- exceed the speed limit by more than 45km/h (6-month suspension),
- Demerit points have exceeded the allowable threshold (‘P’ or ‘L’ drivers),
- drive with special, novice or low range PCA,
- drive with an illicit substance present in your oral fluid, blood or urine,
- are deemed not a ‘fit and proper person’ to hold a license in NSW, or
- are deemed medically unwell.
TfNSW issues the suspension either after the penalty notice has been paid, or when a fine has not been paid by the due date on a FINAL notice.
What happens after TfNSW suspend my license?
The suspension notice will indicate the date from which the suspension becomes active, and the date that it ends.
However, if the suspension is appealed to the Local Court within 28 days of the date given on the notice (if received by post, you have an additional 4 working days), you may continue driving until the court determines your matter.
NB: Appealing a police suspension does not entitle you to drive after an appeal has been lodged, but a TfNSW suspension entitles you drive up until your court date.
What should I consider when appealing a TfNSW suspension?
Getting a reduced period of suspension is sometimes better than having the suspension lifted entirely.
For example, if you succeed at having the suspension lifted, demerit points will remain on your record. Therefore, if you are driving on a license that does not allow for the accumulation of any demerit points, you will incur an additional suspension following the loss of any further points.
If this applies to you, then a reduced suspension is preferable because after serving a reduced period of suspension (even 2 weeks), your points reset to zero!
What orders can a court make?
The court will apply ONE of the following four outcomes in a TfNSW licence appeal:
- Allow or uphold your appeal
- This means the suspension is lifted, allowing you to drive.
- Your demerit points will remain on your traffic history.
- Vary or reduce your suspension.
- Your reduced suspension period is effective from the date you attend court.
- After the period of suspension is served, your points will reset to zero.
- Dismiss the appeal and confirm the original suspension period.
- Your suspension is effective from the date you attend court.
- This decision is final. It cannot be appealed to a higher court.
- Make any other order that the court sees fit.
- For example, complete the Traffic Offenders Program if it has not already been completed.
What will the court consider when determining a TFNSW license appeal?
The court will determine your:
- Your need for a licence and the impact that a loss of license will create.
- The benefit that having a license creates to you and the community.
- Your good character (The emphasis is on insight into your offending.)
- Your driving history.
- The risk posed to the community
- Whether you have completed the Traffic Offender’s Program. (In some cases, this is mandatory.)
We can tailor a defence that gives you the best chance to resume driving!
Let us help. Get in Touch.
Appointments can be conducted via:
- zoom,
- phone or
- face-to-face at our office.
World Square
Level 45, 680 George Street,
SYDNEY NSW 2000.
P: (02) 9145 1262 or 0407 122 230
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