The Roads & Maritime Services (the RMS) and the NSW Police can suspend your licence for a number of reasons. Most licence suspensions can be appealed to the Local Court, where the Court is asked to essentially review the decision. If you have received a suspension or suspension notice, you may be able to appeal the suspension to either reduce the suspension period to a lesser period or to have the suspension completely quashed and therefore, have your licence reinstated.

It is important to seek legal advice as soon as possible after receiving a licence suspension because after the matter is finalised in the Local Court, there is no further right of appeal.

The time limits that apply to lodgement are strict and the Court does not have the power to hear a licence suspension appeal if it has been lodged out of time. The time limit for an appeal is 28 days following 4 working days after the Notice is sent. It is important to seek legal advice on the merits of an appeal as soon as possible after receiving a notice to ensure that the strict time limits are complied with.

It is also important to note that licence suspensions can have different consequences for different licence holders, depending on the circumstances. For example, if a provisional licence holder receives a Notice of Suspension due to the accumulation of demerit points, appeals the RMS decision and is successful (and therefore not suspended), then the accumulated demerit points carry over. This can mean that the licence holder is then driving on a licence that does not allow any demerit point accumulation and any minor offence that carries with it demerit points will cause the driver to receive another Notice of Suspension. If, however, the Court decides to reduce the suspension, then, after the suspension has been served, the licence holder commences driving with a “clean” licence.

Our traffic lawyers are experienced in appealing licence suspensions NSW wide and will be able to advise you on the prospects of an appeal and, where your instructions are to proceed with an appeal, will draft and lodge the appeal on your behalf and represent you at the hearing.

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