Appealing a licence suspension
Twenty-eight days to appeal, and a narrow test once you get there.
General information about the law in New South Wales. It is not legal advice, it does not take account of your circumstances, and no solicitor–client relationship arises from reading it.
The deadline
Only an "appealable decision", as defined in s 266 of the Road Transport Act 2013 (NSW), can be appealed to the Local Court. Where a right of appeal exists, s 267(2)(a) requires the notice of appeal to be filed no later than 28 days after the person is notified of the decision. Once that period expires the appeal right is gone.
What can and cannot be appealed
Some suspensions carry a right of appeal and some do not. Police-issued immediate suspensions for certain offences, demerit point suspensions for learner and provisional licence holders, and speeding suspensions are appealable. A demerit point suspension for a full licence holder is not, and neither is a disqualification imposed by a court.
What the court is deciding
The court is not re-running the offence. It is deciding whether there is a reason to vary or set aside the suspension. On appeals against police-imposed immediate suspensions the court can only allow the appeal in exceptional circumstances, and inconvenience is not exceptional. Loss of employment, sole carer responsibilities, and remoteness from public transport are the categories that succeed, and only when evidenced.
The risk
On appeal the court can confirm the suspension, vary it, or set it aside. Costs can be awarded against you. Assess your prospects before you file.
If this is your situation
The criminal & traffic page sets out what the work involves and what it costs, and the fee list gives the figure for every step.
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