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The Roads and Maritime Services (RMS) are the driver licencing authority in New South Wales. They issue and suspend licences, and keep records relating to infringements and demerit points. The RMS can issue a notice of suspension for a number of reasons. If you’ve received a licence suspension notice it is important to check that you can appeal. It is also important to act quickly as there are limited time frames to lodge an appeal.
You can see our recent results for licence appeals here.
Astor Legal can help you get back on the road sooner. We are traffic law experts and regularly appear in licence suspension appeals in courts all over New South Wales. The decision of the court in these appeals is final and cannot be appealed any further. Make sure you give yourself the best chance of success and contact us today.
Learner, Provisional P1 or P2 drivers
Unrestricted drivers
Suspension notices issued by the RMS are subject to a very strict timeframe of 28 days. The 28 day period begins when the notice of suspension is posted to you at the most recent address record on the RMS records. This date can be found on the top left corner of your suspension notice.
If you attempt to file an appeal outside of the 28-day timeframe, it will most likely be rejected. If you are able to file the appeal, the court may determine that it has no jurisdiction for the court to hear the matter and dismiss your appeal.
The licence appeal process can be a difficult one if you are unprepared. It can be broken down into the following steps:
There is no avenue of appeal if you are unhappy with the court’s decision. Retaining a lawyer to assist you with your appeal will help to give you your best chance, in all of the circumstances.
RMS licence suspension appeals are heard in the Local Court of New South Wales. Traditionally, they are heard at the closest Local Court to the address on your drivers licence. It is imperative to be prepared before the court hears your appeal. Being unprepared may result in the court dealing with the matter unfavourably and dismissing your appeal.
When you appeal the decision of the RMS to suspend your drivers licence, the court considers many things including whether or not you are a fit and proper person to hold a drivers licence, your traffic record and whether you have a need for a licence. The court can also consider the circumstances of the offences which have caused the suspension however they cannot redetermine your guilt or innocence.
This list is not exhaustive, and you should always seek legal advice if you are unsure.
The Local Court has ability to exercise the same powers that the RMS had when they made the decision to suspend you. The 3 main outcomes of a licence appeal are:
That the appeal is allowed:
This means that you do not spend any time off the road, at all. If you are a provisional licence holder or learner appealing a demerit point suspension, the demerit points remain on your record, and they have the ability to count towards future suspensions.
The appeal is dismissed and varied:
This means that the court has seen fit to impose some period of suspension. The court can vary the period of suspension as much or as little as it deems appropriate.
If you are a provisional licence holder or learner appealing a demerit point suspension, the relevant demerit points are reset after the period of suspension imposed and will no longer they have the ability to count towards future suspensions.
The appeal is dismissed:
This means that the court has not seen fit to show leniency to you. You will be required to serve the period of suspension indicated on your notice of suspension (usually either 3 or 6 months). The suspension period will commence immediately, unless the court specifically orders otherwise.
The RMS and court will not send you another notification warning you that your licence is suspended. If you are caught driving after being suspended, you will not be able to defend the matter on the basis that the RMS did not send you another letter notifying you of the suspension period.
Remember, there is no avenue of appeal if you are unhappy with the courts decision. Retaining a lawyer to assist you with your appeal will help to give you your best chance, in all of the circumstances.
If you have had two or more suspensions in the last 5 years, regardless of the length of that suspension, the RMS may require you to sit the Driver Knowledge Test before you are able to recommence driving.
Warning of this will usually come on your second (or subsequent) suspension notice, as is relevant, during the 5 year period.
You will not be reminded after court, and if you are caught driving without having done the Driver Knowledge Test you won’t be able to defend the matter successfully on the basis that you didn’t know you had to do it.
At a minimum, everyone must hold a P2 licence for 24 months. Every suspension period you receive (either from the RMS or Police) will add an extra 6 months to that 24 month period.
This means, if your licence is suspended twice whilst you hold your P2 licence, you will be required to hold that P2 licence for 36 months before you can progress to your unrestricted licence.
Similarly, any time your P1 or P2 licence is suspended, the period of suspension is not counted towards the total minimum time required for that class of licence.
This means, that if you are a P1 licence holder is suspended for 6 months, that 6 month period does not count towards the 12 month total minimum period that you have to hold that licence.
Astor Legal are experts in traffic and criminal law. All of our lawyers are experienced in RMS licence suspension appeals. Our lawyers will take the stress out of an unfamiliar and complex process. We will work with you to prepare your matter and then represent you at court. We ensure that every relevant matter is brought to the attention of the court to maximise the likelihood of a successful appeal. Take advantage of our obligation free case assessment and find out how we can get the best outcome for your matter.
While the law says that the points are calculated on the date the offence was committed, it also says that when you upgrade to a higher licence the lower one ceases to exist. Therefore, if you upgrade your licence prior to paying the fine, you may avoid a suspension.
No. You can only appeal a decision of the RMS. If you exceed your point limit on a full licence a suspension is automatic and there is no decision to appeal. You can however, elect to be on a good behaviour licence by contacting the RMS. This means you will be on 2 points for 12 months and if you lose those points you are suspended for double the initial period.
No. There is no way to appeal this. The only option is to elect to have the matter heard at court and either have it dismissed or persuade the court not to record a conviction.
No. In NSW there is no such thing as a work licence or restricted licence.
Yes, you can. However, you need to be aware that you only get one chance at an appeal. Traffic law is complex, and courts are daunting to most people. Having a traffic lawyer represent you will make the process easier, less stressful, and more likely to be successful.
Yes, you need to present in court when your suspension appeal is being heard.
If you are representing yourself – absolutely. You will need to convince the court why your appeal should be allowed. If you are represented by a lawyer then generally you will not have to say anything as the lawyer speaks on your behalf.
Learners and P1 have a limit of 4 points. P2 have a limit of 7 points. Full licence holders have 13 points unless they are a professional driver then they have 14.
Unfortunately, any remedy to this would take longer than the 3 month suspension so is generally not a viable option. In most cases this occurs when people move but don’t update their address with the RMS.
The registry may accept it however the court may determine that it has no jurisdiction and dismiss your appeal.
The hearing of a licence suspension appeal cannot be earlier than 28 days from the date that it is lodged. Generally, an appeal will be heard four to six weeks after it is lodged.
The appeal is generally heard at the court nearest to your address as listed on your licence.
Yes. Lodging an appeal stays an RMS suspension which means the suspension is on hold pending the outcome of your appeal. This does not apply to an appeal of an immediate police suspension.
No. The outcome of an appeal is final. For that reason, you need to be well prepared prior to the hearing date.
Without knowing your traffic record, need for a licence, and several other factors we would be unable to answer that with any degree of accuracy. Why not contact us and arrange a consultation?
We have been very successful with licence appeals however we don’t keep statistics.
No. Legally we cannot enter into conditional costs agreements for this area of law.
The law interprets one month as a calendar month. So if your suspension is carried to a period of one month on the 15th of this month, it ends on the 15th of next month at midnight.
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