Medical Licence Appeals

If Transport for New South Wales becomes aware of a medical condition that could potentially affect a driver’s ability to drive, they have the power to suspend or cancel their driver’s licence. This is an appealable decision, and this page is dedicated to that process. It is also important to be aware of the legal obligation placed on a driver to report “any permanent or long-term injury or illness that may impair your ability to drive safely” as soon as practicable. 

What basis can Transport for New South Wales suspend or cancel my licence on medical grounds?

TfNSW may suspend, cancel, vary or refuse your licence on medical grounds where:

• They require further information about your medical condition;
• You have not provided medical examinations or reports by the due date; or
• You are not medically fit and competent to drive.

Other times, they may apply conditions to your licence. Notice of a decision to suspend, cancel or vary your licence needs to be in writing and provide a commencement date and the reasons they are relying on to cancel or suspend your licence. 

Transport for NSW follows guidelines set by the Assessing Fitness to Drive Guidelines by Austroads. These guidelines set out medical standards for maintaining a driver’s licence. Some examples of the conditions addressed in the guidelines include sleep disorders, vision and eye disorders and neurological conditions.

Medical Standards for licencing of Common Disorders and Conditions of Private Drivers

Practical Driver Assessments

A practical driver assessment determines how injury, illness, or aging might affect your reflexes, judgment, and vehicle control. Beyond evaluating your skills, it identifies whether specialised vehicle modifications are necessary for your safety.

Unlike a standard license test, this evaluation must be performed by a qualified occupational therapist or an approved assessor. Please note that the cost of the assessment is your responsibility. Depending on your needs, the test may take place on the road, in a simulator, or through off-road evaluations.

Is this decision appealable?

Yes. An appeal must be filed with the Local Court within 28 days of the notice of cancellation or suspension 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. 

Can I continue to drive after I file the appeal?

Filing an appeal does not stay the decision to suspend or cancel your driver’s licence so you won’t be allowed to drive until the finalisation of the appeal.

The possible outcomes of the medical licence appeal:

• The Court can allow the appeal, and you will be able to have it re-instated.
• The Court can dismiss the appeal and uphold the decision of the Transport for New South Wales.
• The Court can vary the decision of the Transport for New South Wales. For example, conditions can be imposed on your licence.

What should I prepare for my medical appeal?

Usually, a report from a medical specialist which addresses the national driver medical standards is required. The specialist that is engaged in writing the report will be dependent on the type of medical condition the driver has but often include reports from occupational therapists, psychologists and ophthalmologists.

The report will need to outline a description of your medical condition/s, the experts’ opinion on whether your medical condition/s are not likely to lead to a severe or sudden incapacity, or loss of concentration while you are driving and whether they think that you are a fit and proper person to hold a driver’s licence.

An Accredited Specialist Medical Driving Assessor Occupational Therapist can be engaged for an off-road driving assessment to determine a driver’s medical fitness for driving and providing a report based on their findings which if positive, can challenge the findings of the original expert. 

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