Appealing a Licence Suspension due to a Speeding Offence (NSW)

In New South Wales, the ability to challenge a licence suspension for speeding isn’t universal; it depends entirely on the specific circumstances of the offence. This article outlines which speeding offences trigger a Transport for NSW suspension, distinguishes between appealable and non-appealable decisions, and explains the legal steps required to lodge an appeal in the Local Court.

Suspensions that are Appealable

Unrestricted (Full) Licence Holders can only appeal speeding-related suspensions for specific high-speed offences: 

• Exceeding the speed limit by more than 30km/h 
• Exceeding the speed limit by more than 45km/h 
• Immediate “on-the-spot” suspensions issued by Police for 45km/h+ offences

Learner, P1 and P2 (Provisional) Holders can appeal almost any suspension, including those for:

• Exceeding their demerit points limit (4 for L and P1 or 7 for P2)
• Any speeding offence that triggers a suspension 

Suspensions that aren’t Appealable

Unlike Learner and Provisional Licence Holders, an Unrestricted Licence Holder is not able to file an appeal for exceeding their demerit point limit threshold (13 demerit points or 14 for professional drivers). Instead, they have the option to apply for a 12-month good behaviour licence.

If a person is already on a Good Behaviour Licence and they breach the conditions of it by accumulating 2 or more demerit points, they will be suspended for double the original suspension period with no right of appeal. At this stage they can make a court election though.

If you are sentenced for a speeding offence and the court imposes a conviction which triggers a disqualification period, this is not a “suspension,” and follows different, stricter rules. Effectively you would need to appeal against the entire sentence.

Licence Suspension Appeals

A person whose licence is suspended by the RMS/Transport NSW due to an offence for exceed speed by over 30km or 45km/h can appeal the suspension in the Local Court. Similarly, where a Learner or Provisional P1 licence holder incurs four or more demerit points, the RMS may suspend their licence. Where a provisional P2 licence holder incurs seven demerit or more points the RMS) may suspend their licence. The decision of the court is final and binding on the driver and on the RMS (Transport NSW). This means that once the appeal is heard, you cannot appeal this decision or file a secondary appeal.

When hearing a licence suspension appeal, the court has the power to:

• Allow the appeal (removing the suspension in full);
  • Dismiss the appeal but reduce the period of suspension; or
  • Dismiss the appeal with no change to the suspension period.

There is no test prescribed under the Road Transport Act 2013 in determining the appeal, but in practice the court generally considers whether the driver is a fit and proper person to hold a licence with further consideration to the circumstances of the offence, their criminal and traffic history and their need for a licence.

Will I Receive a Criminal Conviction for Appealing My Suspension?

No, you cannot get a criminal record from a licence suspension appeal. This process is strictly about whether you should be suspended from driving and not whether you are guilty of the offence. By lodging a licence appeal, you aren’t at risk of further fines or a criminal history. However, if you did not commit the offence in the first place, you should make a court election on the infringement rather than appealing the suspension.

Court Election

A court election is an election to have the traffic offence decided by a court (in the criminal jurisdiction), and requires the person electing to enter a plea of guilty or not guilty. Any conviction imposed by the court following a court election is recorded as a criminal conviction.

However, demerit points are not to be incurred against a licence in circumstances where an infringement is court-elected and the matter is dealt with by a non-conviction order, as provided under the Crimes (Sentencing Procedure) Act.

Court elections are often utilised by a person wishing to avoid a licence suspension as a conviction will result in the individual exceeding their demerit point limit and/or breaching a good behaviour licence. However, individuals should be cautious about making an election simply to avoid the imposition of demerit points. Non-conviction orders granted simply to avoid the operation of other legislative provisions (such as the demerit point system) are considered by the court as improper and impermissible.

How to Lodge Your Appeal

Payment of the infringement triggers a Notice of Suspension from Transport for NSW, which will detail the commencement date of the suspension. An appeal must be initiated within 28 days of the notice being served. Because this is a jurisdictional requirement, failure to lodge within this timeframe means the Local Court cannot consider the matter, and the suspension must be served in its entirety.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.