NEW SOUTH WALES

Licence Suspension Appeals NSW

In shortMany NSW licence suspensions can be appealed to the Local Court, generally within 28 days of being notified. The court can set aside, vary or dismiss. Appeals against immediate police suspensions need exceptional circumstances and must be made before the charge is finalised, and no appeal reviews whether you committed the offence.

Time limit: file the notice of appeal within 28 days of being notified of the decision (Road Transport Act 2013 s 267(2)).
Police suspensions: the court can lift or vary an immediate suspension only if there are exceptional circumstances (s 268(5)), and the appeal must be made before the charge is decided (s 268(6)).
Not a rehearing of guilt: a suspension appeal does not review the offence or its penalty (s 268(4)).

New South Wales law · law checked 23 Oct 2026

Call 1300 941 900 Make an enquiry about legal representation

What's on this page

When can you appeal a licence suspension in NSW?

Suspensions usually arise in three ways. The category matters, because the appeal rights and the test the court applies are different for each.

1. Speeding suspensions

Transport for NSW can suspend your licence for serious speeding offences, including:

exceeding the speed limit by more than 30 km/h (a 3-month suspension); or
exceeding the speed limit by more than 45 km/h (a 6-month suspension).

Provisional and learner drivers face stricter rules, and a speeding offence can also take a provisional driver over their demerit point limit.

2. Demerit point suspensions

Different licence types have different demerit point limits over a 3-year period:

P1 drivers: 4 points;
P2 drivers: 7 points;
unrestricted drivers: 13 points (14 for professional drivers who hold an unrestricted licence and meet the eligibility requirements).

These suspensions are often the result of several smaller offences, such as speeding, mobile phone use or not wearing a seatbelt, rather than one serious incident.

3. Immediate police suspensions

Police can give you an immediate licence suspension notice for serious matters (Road Transport Act 2013 s 224), including:

mid range and high range drink driving, refusing a test and certain drug driving charges;
dangerous driving causing death or grievous bodily harm, and police pursuit charges;
street racing, aggravated burnouts and other hoon-type offences;
speeding by more than 45 km/h, and some offences by learner and provisional drivers.

An immediate suspension usually continues until the charge is dealt with.

Important: not every suspension can be appealed in the same way. Unrestricted licence holders who reach their demerit point limit usually choose between serving the suspension and electing a good behaviour licence, rather than appealing (see below).

Appealing a speeding suspension

Provisional (P1 and P2) licence holders

Provisional drivers are held to strict standards. A speeding suspension imposed by Transport for NSW is generally an appealable decision (s 266). On the appeal the Local Court can:

set aside the suspension;
vary it, for example by shortening it; or
dismiss the appeal, so the suspension stands as imposed (s 268(2)).

Keeping your licence can be the difference between working or studying and being off the road. The appeal lets you explain why you need to drive, for example for work, family care, study or medical reasons.

Speeding by more than 30 km/h or 45 km/h

Many speeding suspensions follow a penalty notice, such as a camera or highway patrol detection. You need to understand the difference between:

appealing the suspension decision, and
electing to take the offence to court to dispute guilt.

The appeal is not a hearing about whether you committed the offence. The court cannot review your guilt or the penalty for the offence on a suspension appeal (s 268(4)). If you instead take the offence to court and are found guilty, the court must apply the disqualification provisions in the Act, which can be longer than the Transport for NSW suspension. For that reason many drivers pay the fine and appeal only the suspension, where the court has a discretion to set it aside or vary it. Get advice before you choose.

Appealing a demerit point suspension

P1 and P2 licence holders

If you are a P1 or P2 driver and receive a demerit point suspension notice, you can appeal to the Local Court. The court usually considers:

your full traffic history, and whether this is out of character;
your need for a licence, for example for work, an apprenticeship, study, caring for children or relatives, or medical appointments;
whether you are a fit and proper person to keep driving; and
what you have done since the notice to improve your driving, such as completing a traffic offenders program.

Magistrates take provisional demerit suspensions seriously. Their role is to protect the public as well as to consider your circumstances. You need to persuade the court that keeping you on the road will not create an unacceptable risk. On a demerit appeal the court can only exercise the powers Transport for NSW had (s 268(3)), and it cannot revisit the offences that led to the points (s 268(4)).

Unrestricted (full) licence holders

If you hold an unrestricted licence and reach 13 points (or 14 for eligible professional drivers), you can usually choose a good behaviour licence instead of serving the suspension. This is a 12-month period in which you keep driving. If you incur 2 or more demerit points during that period, you serve a suspension of twice the original length. Check the current rules on the Transport for NSW demerit points page.

Immediate police suspension appeals

You can appeal an immediate licence suspension notice, but the test is strict. The Local Court must not set aside or vary the suspension unless it is satisfied that there are exceptional circumstances justifying lifting or varying it (s 268(5)(a)). In deciding that question the court is not to take into account the circumstances of the offence you are charged with, unless the regulations say otherwise (s 268(5)(b)). This is a higher bar than ordinary hardship.

The appeal must also be made before the charge that led to the suspension has been heard and determined or withdrawn (s 268(6)).

Time limits for licence suspension appeals

Generally: the notice of appeal must be filed no later than 28 days after you are notified of the decision, unless the regulations set a different period (s 267(2)).
Immediate police suspensions: the appeal must also be made before the charge is finalised (s 268(6)).

The hearing is usually listed at least 28 days after notice of the appeal is given to Transport for NSW or police (s 267(6)). If you are close to a deadline, call 1300 941 900.

How the Local Court decides your appeal

For Transport for NSW suspensions, the court commonly considers:

your traffic history and any pattern of behaviour;
the nature of the offences that led to the suspension (without re-deciding guilt);
your need for a licence, including employment, caring responsibilities, medical needs and access to public transport;
rehabilitation and attitude, such as a traffic offenders program and a clean record since; and
whether you are a fit and proper person to keep driving.

For an immediate police suspension, the exceptional circumstances test in s 268(5) applies instead.

Outcomes

Set aside: the suspension is removed.
Varied: for example, the period is reduced.
Dismissed: the suspension stands (s 268(2)).

Why legal representation can help

Suspension appeals turn on evidence and the right legal test. We can help you work out whether you can appeal, file within time, prepare affidavits and supporting material, and appear for you at Local Courts across NSW. See NSW courts we attend.

Protect your licence: act within 28 days

Your licence may affect your job and your family. Get advice before the deadline passes.

What clients say

Google reviews (opens in a new tab)Facebook reviews (opens in a new tab)

FAQs: licence suspension appeals in NSW

Can I appeal my licence suspension in NSW?

In many cases, yes. Most Transport for NSW suspensions and immediate police suspensions are appealable decisions (s 266). Unrestricted licence holders with a demerit point suspension usually have the good behaviour licence option instead.

How long do I have to appeal?

Generally 28 days after you are notified of the decision (s 267(2)). An appeal against an immediate police suspension must also be made before the charge is finalised.

What does the court consider?

For Transport for NSW suspensions: your traffic history, the seriousness of the offences, your need for a licence, your rehabilitation and your fitness to drive. For immediate police suspensions: whether there are exceptional circumstances.

What can the court do?

Set aside the decision, vary it, dismiss the appeal, or make another order that is just (s 268(2)).

Is the appeal the same as contesting the offence?

No. A suspension appeal does not review whether you committed the offence or the penalty for it (s 268(4)). Contesting the offence is a separate process.

Disclaimer

This page is general information, not legal advice. Appeal rights and thresholds change, and outcomes depend on your facts and record. Get advice specific to your situation before you file or go to court.

Call 1300 941 900 or make an enquiry about legal representation.

Sources and date checked

The law on this page was checked against these primary and official sources on 23 Oct 2026. Penalty unit dollar amounts are as at 23 Oct 2026.

Road Transport Act 2013 (NSW) — checked 21 Oct 2026
Transport for NSW – licence suspensions and demerit points — checked 21 Oct 2026
Local Court of NSW – traffic matters — checked 21 Oct 2026

This page is general information about New South Wales law only. It is not legal advice. Every matter turns on its own facts.

NSW Traffic Law

Choose your NSW traffic law topicNSW

Guides for New South Wales traffic law matters.

NSWDrink Driving OffencesRead guide →NSWDrink Driving PenaltiesRead guide →NSWDrink Driving DefencesRead guide →NSWDrug Driving Offences & PenaltiesRead guide →NSWHigh Range PCA Guideline JudgmentRead guide →NSWLicence Suspension AppealRead guide →NSWAlcohol Interlock LawsRead guide →NSWNo Conviction Drink DrivingRead guide →NSWTraffic Offenders ProgramRead guide →NSWDUI Court Process GuideRead guide →NSWDangerous DrivingRead guide →NSWDisqualified DrivingRead guide →

Enquire about legal representation

Call 1300 941 900 or make an enquiry about legal representation.

What to have ready

Court & next listing date: Which court is on your paperwork and when your matter is listed.
Charge or reading (if known): Tell us the charge or reading if you have it — you do not need your full police facts yet.
Work & driving needs: Let us know if you rely on your licence for work or family responsibilities.

No obligationConfidential

Boorman Lawyers TV