Provisional and Leaner Licence Suspensions

Being suspended from driving doesn’t just affect the driver—it ripples through the entire household. This article explores licence suspension as they apply to Provisional and Learner Licence Holders.

Transport for New South Wales can suspend a Provisional or Learner Licence Holders’ Licence if they have exceeded their demerit point limit. In New South Wales, a Learner or Provisional 1 Licence Holder (also known as red p’s) has a limit of 4 demerit points, and Provisional 2 Licence Holder (also known as green p’s) has a limit of 7 demerit points. If either of these category drivers exceed their demerit points, they will be suspended for a period of three months. 

In some circumstances where a Learner or Provisional driver has committed a specific traffic offence, their licence will also be suspended by Transport. For example:

• Exceeding speed over 30 km/h
• Receiving an infringement notice for low-range PCA (drink driving) 
• Receiving an infringement notice for driving with illicit drug present in oral fluid, blood or urine

Appealing a Suspension

A licence suspension for any of the above reasons can be appealed to the Local Court. This must be done within 28 days of receiving the notice of suspension and cannot be filed out of time. Once an application is filed, a court date will be allocated where a Local Court Judge will review the decision by Transport for NSW. 

The Judge will usually be provided with evidence from an RMS prosecutor and from the appellant (i.e. the provisional driver) and will hear arguments from the prosecutor and the solicitor appearing for the provisional or learner driver. 

Section 268 of the Road Transport Act 2013 gives the Local Court the power to hear appeals against “appealable decisions”. In determining an appeal, the Court may:

1. Set aside the decision (you will not have to serve a suspension period); or 
2. Vary the decision (reduce the suspension period by days, weeks or months); or 
3. Dismiss the appeal (you will have to serve the suspension period); or
4. Make any order it considers ‘just in the circumstances’.

In determining the appeal, the relevant test for the court is whether you are a fit and proper person to hold a licence. 

How does the court apply this test?

To prove you are a “fit and proper person,” the Magistrate will look at:

• Your Traffic Record: Is this an isolated incident or a pattern of irresponsible driving?
• The Offence Circumstances: Was the speeding/offence particularly dangerous, for example in a school zone, during peak hour or at a very high speed?
• Your Character: References provide evidence of your general standing in the community and support that the offending is out of character.
• Your “need” for a Licence: While “need” (work/family responsibilities) is a separate factor, it ties into “fit and proper” because the Court weighs your personal hardship against the risk to the community.

Time is critical with licence appeals. If your licence is under threat, contact Armstrong Legal immediately to discuss your options.