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!

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