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Licence suspensions and disqualifications

Information about on-the-spot, demerit point, speeding, unpaid fines, and medical grounds suspensions, habitual traffic offender declarations, disqualifications and appeals.

  • This topic covers

    • Immediate licence suspensions by the police
    • Suspension of a driver licence for accumulation of demerits
    • Suspension of a driver licence for unpaid fines
    • Suspension or cancellation of licence on medical grounds
    • Appeals to Local Court about licence suspensions
    • Licence disqualifications by the Local Court
    • Applications to Local Court to remove licence disqualifications
    • Applications to Local Court to have Habitual Traffic Offender declarations quashed

    The information does not apply to other types of licences, such as boat or industry licences.​

If you haven't paid the fine

Time limitAction
21 days

To deal with a fine, including:

  • paying the fine (either in part payments or in full)
  • naming the driver
  • asking for a review, or
  • asking for the matter to be heard by the Local Court.
28 days

To deal with a fine reminder notice, including:

  • paying the fine (either in part payments or in full)
  • naming the driver
  • asking for a review, or
  • asking for the matter to be heard by the Local Court.
28 days from the review decisionTo ask for the matter to be heard by the Local Court.
28 daysTo pay an overdue fine before Revenue NSW will take enforcement action.
28 daysAfter Revenue NSW reject an application to withdraw an overdue fine, to apply have the fine decided by the Local Court to have the fine cancelled.

If you paid the fine in part or in full

Time limitAction
90 days from the date of serviceTo name the driver (where no fine reminder notice has been issued).
60 days from the date of serviceTo apply for a review (where no fine reminder notice has been issued).
90 days from the date of serviceTo ask for the matter to be heard by the Local Court, if you paid the fine in full before a fine notice reminder was issued.
By the due date

To:

  • pay the rest of your fine
  • ask for the matter to be heard by the Local Court (where a fine reminder notice has been issued).

Appeals

Time limitAction
28 daysTo appeal your on the spot licence suspension to the Local Court.

28 days

or three months with the leave of the Court

To appeal a decision of the Local Court to the District Court.
The day before the suspension or cancellation commencesTo appeal against a Transport for NSW drive licence suspension.

OrganisationResponsibilities
Local Court of NSW

Has the power to hear:

  • appeals about licensing suspension decisions
  • applications to remove licence disqualifications, and
  • applications to quash Habitual Traffic Offender declarations.
Revenue NSWProcesses fine notices on behalf of NSW agencies such as the police, Local Councils, TfNSW and other government departments, and manages the fine enforcement system to collect unpaid fines. 
Transport for NSWThe driver licensing authority for NSW. They can issue and suspend driver licences and record demerit points for licence holders.

Legislation

AuthorityCovers
Road Transport Act 2013 (NSW)Establish a driver licensing system, including a demerit points system and providing for the issue, suspension, cancellation and renewal of driver licences and the classes of driver licences.

Common termDefinition
Court Attendance Notice (CAN)A notice issued by the police or other authority that tells you the dat​e and time that you have to go to court to answer a charge for an offence.
Demerit pointsPenalty points that are added to your licence when you commit certain driving offences.
DisqualificationAn order by the Court cancelling your licence and banning you from driving for a period of time.

Fine

A penalty you have to pay for breaking a law. You can get a fine from a government authority or from a court when you are convicted of an offence. Fines are also commonly referred to as a penalty notice or infringement notice.
Good behaviour licenceA licence offered to an unrestricted licence holder when they exceed their demerit point threshold.
Habitual Traffic Offender Prior to 28 October 2017, a person who received convictions for serious traffic offences three or more times in the past five years, was declared a Habitual Traffic Offender.
​Habitual Traffic Offender Declaration​A declaration made against a Habitual Traffic Offender by the Court or Transport for NSW.
Learner licenceA licence issued to a person who is at least 16 years of age allowing them to drive a vehicle for the purpose of learning to drive. They must have an unrestricted licence holder with them at all times when driving.
Licence disqualificationAn order by the court cancelling your licence and banning you from driving for a period of time.
Licence suspensionAn order by Transport for NSW or the police banning you from driving for a period of time.

​Never-eligible offence

​A serious driving offence involving death or grievous bodily harm caused by a motor vehicle. If you are convicted of a never-eligible offence, it means you are not able to apply for the early removal of your driver disqualification.

​Notice of Penalty

​A document sent to the Defendant by the Court after the case. It tells the Defendant what penalty was imposed by the Court and provides payment options.

Professional driver

A person who has an unrestricted driver licence and who drives to transport goods either inter and/or intra-state or drives a bus, taxi or hire car for work.

Provisional licence

There are two types of provisional licences:

  • P1 licence (red Ps) - a licence issued to a person, who is at least 17 years of age, for a period of up to 18 months. The licence is given to someone that has completed the relevant tests and requirements. If a person is under 25 years of age, they must have held their learner licence for 12 months (not including any period of suspension) and completed 120 driving hours (including 20 hours of night driving).     
  • P2 licence (green Ps) - a licence issued to a person for a period of 36 months, who has held their P1 for at least 12 months, who has held their P1 for at least 12 months periods and who has passed the relevant tests and requirements. 

Section 10

An order under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), where the Court finds a person guilty of an offence but chooses not to record a conviction.

Unrestricted licence

A licence that allows a person to drive a vehicle in NSW without any of the specific restrictions placed on learner or provisional licence holders. The demerit threshold for an unrestricted licence is 13 demerit points or 14 for professional drivers when applied for with Transport for NSW.

OrganisationFees
Local Court of NSW

You have to pay a fee when:

  • appealing a decision to the District Court
  • applying to remove a driver licence disqualification, or 
  • applying to quash a Habitual Traffic Offender declaration.

If you can't afford to pay a fee in the Local Court, you can apply to postpone, remit or have the fees waived.

OrganisationForms
Local Court of NSW

You need to file an Application Notice - Appeal against decision of RMS (Licence appeal) if you want to appeal a licence suspension decision by Transport for NSW.

 You can also file your appeal using the Online Registry.

You need to file an Application Notice to the Local Court - General if you want to appeal a decision by the police to suspend your licence on the spot.
You need to file an Application Notice - Declaration as a habitual traffic offender be quashed form if you want to quash a Habitual Traffic Offender declaration.
You need to file an Application to remove driver licence disqualification form if you want to remove a licence disqualification.
Transport for NSWGood Behaviour Election/Acknowledgment
My problem is aboutForms - My car or a driving offence

TypeCosts
Legal costsA costs order can be made against you if you are unsuccessful in appealing a licence suspension to the Local Court. Costs orders in licence appeals are rarely made.
Court Costs Levy

If you are convicted of an offence, the Court will order you to pay the Court Costs Levy, unless you: 

  • are convicted in the NSW Drug Court 
  • get a section 10 dismissal for an offence that does not have a jail sentence 
  • are convicted in the Children's Court of NSW
  • receive a jail sentence (other than a suspended sentence).

If you are under 18, the Court may direct that you don't have to pay the Court Cost Levy. 

Court costs are separate to any fine you receive, and the Victims Support Levy. If you have multiple charges, you will have to pay court costs for each offence.

For more information, see Paying fines and judgement amounts on the Local Court of NSW website. 

Frequently Asked Questions

Licence suspensions and disqualifications FAQs

Frequently Asked Questions about licence suspensions and disqualifications.

Our services

Contact us

Call us on 1300 888 529 between 9am and 5pm, Monday to Friday (excluding public holidays).

Work and Development Order Service

A specialist service that provides free legal advice for people with unpaid fines about internal reviews, payment plans, license suspensions, write-off applications and WDO placements.

More services

Community Legal Centres NSW

Community legal centres give free and confidential legal help to people in need.

Revenue NSW

Call Revenue NSW Monday to Friday 7am to 7pm on 1300 138 118 for help with a fine or 1300 655 805 for help with an overdue fine.

Solicitor Referral Service

If you need legal help and are looking for a law firm, the Law Society of NSW Solicitor Referral Service (SRS) can provide you with a referral.

Transport for NSW

Call Transport for NSW on 13 22 13 Monday to Friday 7am to 7pm for information about your demerit points and driving record.

Last updated: December 2024

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