02 9159 9010
Need to Appeal a Licence Disqualification?
If your driver licence has been suspended by Transport for NSW, you may have the right to appeal that decision to the Local Court. A licence appeal can allow you to continue driving while the appeal is being determined, and in many cases, can result in the suspension being lifted or varied.
At Blackridge Law, we have extensive experience helping clients appeal licence suspensions and get back on the road. Time is critical — you have only 28 days from the date of receiving the suspension notice to lodge an appeal.
Contact Blackridge Law immediately on 02 9159 9010 if your licence has been suspended.
When Can You Appeal a Licence Suspension?
Under Part 7.8 of the Road Transport Act 2013 (NSW), decisions by Transport for NSW to suspend, cancel, or refuse to issue a driver licence are classified as “appealable decisions” that can be appealed to the Local Court (section 267). Common situations where a licence appeal may be available include:
- Demerit Point Suspension: Your licence has been suspended because you exceeded your demerit point threshold (13 points for unrestricted licence holders; 7 for P2; 4 for P1/learner).
- Infringement-Based Suspension: Your licence has been suspended following an infringement notice for drug driving, speeding, or another traffic offence.
- Fine Default Suspension: Your licence has been suspended by Revenue NSW for failing to pay outstanding fines.
- Medical Suspension: Transport for NSW has suspended your licence based on medical fitness concerns.
- Immediate Police Suspension: Your licence was suspended on the spot by police following a high-range speeding or drink/drug driving detection.
The 28-Day Time Limit
You must lodge your appeal at the Local Court registry within 28 days of receiving the suspension notice from Transport for NSW. If you miss this deadline, you lose the right to appeal and must serve the full suspension period before you can legally drive again.
Importantly, lodging an appeal within the 28-day period allows you to continue driving until the appeal is heard and determined by the court. This is often the most critical reason to act quickly.
What the Court Considers
Under section 268 of the Road Transport Act, the Local Court will hear and determine the appeal. It is important to note that the court cannot review your guilt or innocence for the underlying offence, or the level of penalty imposed. Instead, the court considers factors such as:
- The impact of the suspension on your livelihood and employment
- Your need for a licence (for work, family responsibilities, medical appointments, or caring duties)
- Your overall driving record and traffic history
- Whether you have taken steps to address the underlying issue (e.g., completed a traffic offender program, paid outstanding fines)
- The availability of alternative transport options
- Any exceptional circumstances or hardship
For appeals against an immediate police suspension, the court will not vary or set aside the decision unless it is satisfied that there are “exceptional circumstances” justifying a lifting or variation of the suspension (section 268(5)).
Removal of Licence Disqualification (Section 221B)
If your licence has been disqualified by a court (as opposed to suspended administratively), you may be eligible to apply to the Local Court to have the disqualification removed under section 221B of the Road Transport Act. To be eligible, you must have been offence-free for the relevant period specified in the Act. The court will consider factors including your driving record since the disqualification, your need for a licence, and any other relevant matters.
Not all disqualified drivers are eligible. Persons convicted of certain serious offences (such as murder or manslaughter involving a motor vehicle, or predatory driving) are permanently ineligible under section 221D.
How Blackridge Law Can Help
- Urgent Lodgement: We ensure your appeal is lodged within the 28-day deadline so you can continue driving while the appeal is determined.
- Evidence Preparation: We help you gather supporting evidence, including employment letters, medical documentation, character references, and evidence of hardship.
- Court Representation: We present persuasive submissions to the Local Court, drawing on our extensive experience in licence appeal matters.
- Disqualification Removal Applications: We prepare and present applications under section 221B for the removal of court-imposed licence disqualifications.
- Strategic Advice: We advise you on the best course of action, including whether to appeal, pay the fine, or elect to go to court, based on the specifics of your situation.
Had your licence suspended? Call Blackridge Law now — the 28-day deadline matters.
Speak with a lawyer
Need help with a licence appeal? Call Blackridge Law now.
Suite 36, Level 4, 402-410 Chapel Rd, Bankstown NSW 2200
Free consultation | Fixed fees | Available 24/7
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