202503.22

Can I drive while I am appealing my licence?

The short answer is – it depends! It’s important to get expert advice and be informed about what type of suspension you are facing and what your avenues for appeal are depending on the type of licence you have. We have unpacked the different suspensions and avenues for appeal below:

Provision Driver (Red/Green P’s): Demerit Point Suspension

If you are a provisional driver and exceed your demerit point limit, you will be issued with a ‘Notice of Suspension’ from Transport for NSW. Depending how many demerit points you have accrued, the impending suspension may be for 3 months or 6 months.

But there is good news! Provisional drivers who exceed their demerits are able to appeal the suspension. And there is more good news – once an appeal is filed, you can continue driving until the matter is determined by the Local Court.

If you are a Provision Driver and have received a Notice of Suspension, contact one of our traffic experts to discuss your appeal. The appeal must be filed within time, so it’s important to get expert advice quickly.

Immediate Police Suspensions

For certain offences, the Police can suspend your licence on the spot. This includes speeding offences of over 30km/hr and low range drink driving.

If you receive an immediate police suspension, you can appeal. However, your licence remains suspended while you are waiting for the appeal and you cannot drive. It is also important be aware that police suspensions are much harder to appeal. The Court cannot take into account the actual circumstances of the offence, but must be convinced that you have ‘exceptional circumstances’. This is a very high standard, so if you have received a police suspension it is important that you speak to one our expert traffic lawyers for advice.

Unrestricted Licence Holders

If you have your full licence, some offences carry an automatic suspension. These offences include speeding over 30km/hr and driving with an illicit drug in your system. After you pay the fine, you will receive a ‘Notice of Suspension’ from Transport for NSW. You can appeal these suspensions in the Local Court and ask for leniency.

If you have your full licence and you exceed your demerit points, there is no avenue for appeal. However, as a full licence holder you may be eligible to go on a ‘Good Behaviour Licence’.

Regardless of the type of licence you have or the nature of the suspension, it is crucial to get expert advice from an experienced traffic lawyer. Contact Fourtree Lawyers to speak with one of our expert traffic lawyers to get the best possible outcome