Licence Appeals

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REMOVAL OF LICENCE DISQUALIFICATION

What is a licence disqualification?

After you have been convicted of a traffic offence, the Court may order a period of disqualification. This is a period of time set by the Court during which you do not have any driving privileges.

What is an application to remove licence disqualification?

If you are eligible, you can apply to the Local Court to have the licence disqualification removed from your driver licence. This means that you will re-gain your driving privileges and would not have to serve the full period of disqualification.

Am I eligible to apply?

Before applying to the Local Court to have your licence disqualification removed, you must be eligible to apply. The eligibility criteria is as follows:

  1. You must not have committed any traffic offence within a relevant offence-free period
    This period is 4 years for serious traffic offences and 2 years for other traffic offences.

    Offence Offence-free period Example
    • Drive with illicit drug present in system
    • Driving under the influence (DUI)
    • Furious/reckless driving
    • Drive speed/manner dangerous
    • Menacing driving (possibility of menace)
    • Fail/refuse breath analysis
    • Fail/refuse to provide sample or prevent sample taking
    • Wilful introduction/alteration of concentration
    • Exceed speed over 30 km/h
    • Aggravated burnout
    		 4 years If you were convicted of furious/reckless driving, you will only be eligible to apply to remove your licence disqualification if you have not committed any traffic offence in the 4 years following your conviction.
    • Any other traffic offence for which a period of licence disqualification was imposed (e.g. driving while disqualified, suspended, cancelled, refused).
    • If your licence was disqualified as a result of being declared a habitual traffic offender.
    		 2 years If you were convicted of driving while suspended and the court disqualified your licence, you will only be eligible to apply to remove your licence disqualification if you have not committed any traffic offence in the 2 years following your conviction.
  2. You are not eligible if your licence was disqualified for committing any of the following offences:
  • Murder/manslaughter caused by the use of a motor vehicle
  • Causing death, grievous bodily harm or wounding by the use of a motor vehicle
  • Driving recklessly or at speed or manner dangerous to others while police are in pursuit
  • Predatory driving
  • Negligent driving occasioning grievous bodily harm or death
  • Intentional menacing driving
  • Failing to stop and assist after an accident

In deciding whether to remove the period of disqualification from your driver licence, the court considers the following:

  1. Whether you are eligible (see above); and
  2. Whether, in the circumstances, it is ‘appropriate’ to order the removal of the disqualification period.

In deciding what is ‘appropriate’, the court considers various factors:

  1. Public safety
  2. Your driving record
  3. Whether you drive or were in a position of driving during the relevant offence-free period
  4. Any relevant conduct after your licence was disqualified
  5. The nature of offending which led to your licence disqualification
  6. Any other relevant circumstances (e.g. impact on family/carer responsibilities, need for licence for employment, business, education or training, health and finances, and whether there are alternative transport available).

Step 1: Get copy of driving record

Your driving record is requested from RMS by filling out a form.

Step 2: Fill out and file the Local Court form

The form ‘Application to remove driver licence disqualification’ must be filled out and filed at the Local Court. The Local Court will issue your court date.

Step 3: Prepare all relevant documents

You and your lawyer must prepare all the documents that is expected to be relied upon as evidence in your application. For example: Character references, letters from doctors and employers, and anything else that may be relevant in proving your arguments.

Step 4: Go to court and present your case

You lawyer will appear with you at court. All the documents will be handed up to the Magistrate and then your lawyer will, with reference to all the evidence, explain your case to the court and argue for your need for a licence.

If the court refuses my application, do I have the right to appeal the decision?

No. If your application is unsuccessful, you cannot appeal the decision (i.e. to challenge/review the decision in a higher court). You must wait 12 months before you can bring another application.

REMOVAL OF LICENCE DISQUALIFICATION

What is an Appeal?

An appeal is a process where a decision is challenged at Court. For example, if you were given a Notice of Suspension from the RMS for speeding, you can challenge that decision by appealing to the Local Court and presenting reasons why your license should not be suspended. The Court will consider both sides (i.e. you and the RMS) and make a decision as to the outcome of the appeal. A licence appeal is the process of challenging the notice that was issued by either the RMS or NSW Police.

Am I eligible for a Licence Appeal?

Whether or not you can appeal a Notice of Suspension/Cancellation/Refusal/Withdrawal (‘Notice’), depends on the following:

  1. WHY you were issued the Notice; and
  2. WHO issued you the Notice.

The reasons why you may be issued with a Notice include:

  • Demerit Point Accumulation;
  • Health Reasons;
  • Speeding & Other Major Offences; and
  • Non-Payment of Fines.

Who suspends licences for demerit point accumulation?

Notice of Suspensions are issued by RMS when you exceed the demerit point threshold.

When will I be suspended for demerit point accumulation?

You will be suspended for demerit point accumulation if you exceed the threshold amount – this depends on what licence you have:

Licence Type Threshold Demerit Points
Learner or Provisional 1 (Red) Driver Licence Holders Incurring 4 or more demerit points
Provisional 2 (Green) Driver Licence Holders Incurring 7 or more demerit points
Unrestricted Licence Holder Incurring 13 or more demerit points
Professional Drivers Incurring 14 or more demerit points

Who Can Appeal a Demerit Point Accumulation?

ONLY learner or provisional licence holders are able to appeal a licence suspension for exceeding the demerit point threshold. If you are an unrestricted/professional driver, you cannot appeal the suspension, however, you can elect to be on a good behaviour licence.

You have 28 days after being issued the ‘Notice of Suspension/Cancellation/Refusal’ to file an appeal. This is why you should contact a lawyer upon receiving the notice.

  1. Application
    Firstly, you must file an application to appeal the decision of the RMS or NSW Police with a Local Court registry (any NSW Local Court), and pay the relevant filing fee. The Court will set a hearing date for the appeal.
  2. Preparing
    • Traffic Offenders Programs:
      You must seek an adjournment (i.e. to postpone the hearing date) to give you time to complete the program. You must also consider the time it will take the program coordinator to send a report/certificate of completion to the Court.
    • RMS/Police Bundle:
      On your Court date, you must request from the RMS or Police legal representative a copy of your bundle – this contains a Notice of Suspension, police notice/s and your traffic record. It is important that your lawyer review all three of the documents.
  3. Appearing at Court
    • Tendering Documents:
      During the hearing, the RMS or Police legal representative will give the bundle to the Magistrate. You will then hand up any material you want the magistrate to consider (e.g. character references/testimonials, apology letter or affidavit etc.).
    • Oral Submission:
      After all the material is handed up to the Magistrate, you are then given the opportunity to speak directly to the Magistrate. When addressing the Magistrate, it is important you speak clearly and address him/her properly. You can raise anything you want that you think will help support your position. This depends on the test that the Magistrate is applying (see next point).
  4. Test
    The test that the Magistrate will apply to determine what sentence to hand down (e.g. section 10, suspension period, fine etc.) depends on the type of suspension you are appealing:

    • ‘Immediate Notice of Suspension:
      If you were given an ‘Immediate Notice of Suspension’, you must satisfy the Court that there are ‘exceptional circumstances’. You should obtain legal advice as to whether exceptional circumstances exist in your case.
    • RMS Licence Suspension:
      The Court will consider your need for a licence, your traffic history and the circumstances of the offence/s. If, after considering all these factors, the Court is satisfied that it is “just in the circumstances” to allow or vary the appeal, it will do so.
  5. The Decision
    The Magistrate has four options:

    • Allow the appeal
      This means that the decision of the RMS/Police to suspend your licence will be set aside
    • Dismiss the appeal
      This means that the decision of the RMS/Police will remain and your licence will be suspended for the original length of time
    • Vary the decision of the RMS
      This means that the period of suspension will be reduced to a certain number of days, weeks or months.
    • Or any other order the Court sees is fair in the circumstances.

You cannot appeal the decision of the Local Court to the District Court.

Who suspends licences for speeding or other major offences?

Notice of Suspensions are issued by either RMS or NSW Police.

When will my licence be suspended?

This depends on who issues the Notice of Suspension:

Issuer Licence Holder Offence Suspension Period
RMS Learner or Provisional Licence Holders Any speeding offence n/a
All Licence Holders Exceeding speed limit by 30km/hr 3 month suspension
Exceeding speed limit by 45km/hr 6 month suspension
NSW Police

(‘Immediate Notice of Suspension’)

 Learner or Provisional Licence Holders Exceeding speed limit by 30km/hr

Determined by a Court
All Licence Holders Exceeding speed limit by 45km/hr
Charged with any major offence:

  • Mid-Range PCA
  • High-Range PCA
  • DUI
  • Serious Driving Offences Occasioning Death or Grievous Bodily Harm
  • Aggravated Burnouts
  • Street Racing Offences

Who has the right to appeal?

All licence holders have the right to appeal.

Demerit Point Accumulation

Who suspends licences for demerit point accumulation?

Notice of Suspensions are issued by RMS when you exceed the demerit point threshold.

When will I be suspended for demerit point accumulation?

You will be suspended for demerit point accumulation if you exceed the threshold amount – this depends on what licence you have:

Licence Type Threshold Demerit Points
Learner or Provisional 1 (Red) Driver Licence Holders Incurring 4 or more demerit points
Provisional 2 (Green) Driver Licence Holders Incurring 7 or more demerit points
Unrestricted Licence Holder Incurring 13 or more demerit points
Professional Drivers Incurring 14 or more demerit points

Who Can Appeal a Demerit Point Accumulation?

ONLY learner or provisional licence holders are able to appeal a licence suspension for exceeding the demerit point threshold. If you are an unrestricted/professional driver, you cannot appeal the suspension, however, you can elect to be on a good behaviour licence (see below).

Good Behaviour Licence

What Is a Good Behaviour Licence?

Instead of having a suspended license, an unrestricted/professional driver will elect to be on a good behaviour licence. This is a 12-month licence during which you are allowed to drive but must be on good behaviour. Being on good behaviour means that you cannot incur 2 or more demerit points in the 12-month period you are on the licence.

What happens if I breach the Good Behaviour Licence?

If you breach the good behaviour licence by incurring 2 or more demerit points in the 12-month period, you will be facing a licence suspension that is two times longer than what was originally ordered.

Why Choose Hugo Law Group to Defend You

Hugo Law Group is a law firm that is focused on protecting and defending your rights. Drawing on decades of experience, our team of criminal lawyers will guide you through the legal process, providing comprehensive, honest and strategic advice – qualities that give us our renowned reputation.

Whether you want to plead not guilty, you are looking to secure the best possible sentence, or a loved one wants to apply for bail, it is essential to have an experienced team of criminal defence lawyers in your corner.

Seeking comprehensive and practical advice at an early stage will best ensure your rights and interests are protected. Our lawyers will properly prepare and present your case to assist you in getting the best possible outcome.

Contact

At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.

Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.

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