Licence suspensions and disqualifications

What is the dif​​ference between a licence suspension and disqualification?

A licence suspension is an order made by Transport for NSW or by the police banning you from driving for a period of time. A court can also suspend you if you appeal your TfNSW or police suspension and the court does not grant your appeal.

After a licence suspension ends, you can begin driving (as long as your licence has not expired or been suspended, disqualified or cancelled for another reason).

A licence disqualification is an order made by the Court that cancels your licence, so you are banned from driving for a period of time. This happens when you are convicted of certain traffic offences. If your licence is disqualified, it is also cancelled. This means that after your disqualification period has ended, you must reapply for your licence before you start driving again. If you miss your court date, the Court can disqualify you in your absence.

When can my licence be suspended? 

Transport for NSW (TfNSW) can suspend your driver licence when you have: 

• accumulated too many demerit points 
• not responded to an overdue fine notice (previously called an enforcement order)
• committed some drink or drug driving offences
• committed a speedi​ng offence where you were driving more than 30km/hr or 45km/hr over the limit.
  

TfNSW also have a general discretion to suspend a driver's licence in certain circumstances, such as where you have not passed the required a medical examination, or where they feel that you don't have sufficient driving ability or good character to hold a licence.

If TfNSW suspended your licence, you should get legal advice. ​

Can my licence be suspended if it is expired or due to expire soon?

Yes. Transport for NSW (TfNSW) can suspend your driver licence while it is expired or if it is due to expire soon.

If your licence is due to expire in 36 days or more, TfNSW will serve you with a notice of suspension that tells you when the suspension will commence and what options you have. 

If your licence has already expired or will expire in 35 days or less, TfNSW can't serve you with a notice of suspension as there is not enough time for the notice to be given to you. Instead, you will be given notice of the suspension when you try to renew your licence. Your suspension period will commence on the earlier of the following dates:

• the day your licence expires, or
  
• the day you apply to renew your licence.
  

If you are unable to renew your licence because it is suspended, you should get legal advice.

What if I missed my court date for a licence suspension appeal? 

If you miss your court date, and your licence suspension appeal is dismissed in your absence, you may be able to apply to have the decision annulled (cancelled). You must have a good reason why you couldn't attend court. 

You can file an Annulment Application at any NSW local court, but your matter will be listed at the same court where the original decision to dismiss your appeal was made. 

If the Magistrate accepts your explanation, the decision will be annulled and your case re-heard. 

For information about how to make an application, see Step by step guide - Making an Annulment Application. 

Can I apply for a work licence? 

In NSW, there is no such thing as a work licence. This means that when you are suspended or disqualified from driving, you can't continue to drive as it is an offence and serious penalties apply. 

If you have been suspended from driving, your options will depend upon whether the suspension was put in place because you:

• accumulated too many demerit points
  
• didn't respond to an overdue fine notice (previously called an enforcement order) 
  
• committed a speeding offence where you were driving more than 30km/hr or 45km/hr over the limit.
  

You may also have options if your licence was disqualified or if a Habitual Traffic Offender Declaration was made. 

Can I app​ly for a restr​icted licence? 

Transport for NSW don't provide a restricted licence for people that have been suspended or disqualified from driving. The only type of restricted licence is a modified licence available for older drivers when they reach 75 years of age.

If you have been suspended from driving your options will depend upon whether the suspension was put in place because you:

• accumulated too many demerits points
  
• didn't respond to an overdue fine notice (previously called an enforcement order)
  
• committed a speeding offence where you were driving more than 30km/hr or 45km/hr over the limit.
  

You may also have options if your licence was disqualified or if a Habitual Traffic Offender Declaration was made.  

Can I change the date of my suspension?

No, the date of your suspension is chosen by the authority that suspends you, for example, the police, Transport for NSW or the Court. There is no option to simply delay your suspension period. 

Depending on the type of suspension, you may have the option keep your licence and go on a good behaviour licence or to appeal your suspension to court.

If you have received a suspension and are unsure what your options are, you should get legal advice.

When is a not​​ice from Transport for NSW considered served?

If Transport for NSW has given you a notice (or letter) relating to your licence, it may be considered served on:  

• the fourth working day after the date on which the notice was posted
  
• the date it was personally delivered
  
• the date it was sent to your email address.
  

Do the licensing authorities in each State share information?

Transport for NSW is the licensing authority for NSW. They exchange information with the other licensing authorities in each state. The type of information exchanged includes: 

• details about traffic offences
  
• licence suspension decisions and disqualifications.
  

This means that if you have a driver licence from another State, and you are convicted of a traffic offence in NSW, the information will be given to your home State or Territory's relevant driving authority. The effect it has on your licence will depend on the laws that apply in your home State or Territory.

If you are disputing a NSW offence and you live interstate, you should get legal advice.

What happens if I lose driver visiting privileges in another state?

If another state withdraws your visiting driver privileges (no longer allows you to drive in that state), Transport for NSW (TfNSW) can suspend your licence in NSW. This means you will not be allowed to drive in NSW. 

If your licence is suspended, it will stay suspended for the length of time your visitor visiting privileges are suspended in the other state. 

What are the licens​ing authorities in each state and territory?

The driver licensing authority in each state is:

Can the police ​​immediately suspend my licence?

The police can suspend your licence immediately (on-the-spot) if you are charged or fined with:

• a serious offence involving a motor vehicle that wounds, or causes grievous bodily harm or death
• low range drink driving offences on or after 20 May 2019
• mid or high range drink driving
• refusing or failing to submit to a breath test
• a street racing or related offence
• a burnout offence
• speeding more than 45km over the limit
• speeding more than 30km over the limit, if you are a learner or provisional licence holder
• driving unaccompanied by a supervising driver, if you are a learner licence holder.

The police can immediately suspend any type of driver licence, including a NSW licence or a licence from another State.

If your licence is immediately suspended, the police must provide you with a notice of the suspension within 48 hours of you being charged or being served with a fine notice for the offence. The suspension notice tells you that you must give your driver licence to the Police Officer on the spot, or by a certain date. The notice will also outline your appeal rights. 

How long will an immediate licence suspension remain in place?

If you were charged by the police with a driving offence and given an on the spot licence suspension, the suspension will remain in place from the date on the notice until it is heard by the Local Court.

If you get a fine notice for speeding and an immediate licence suspension, the suspension will remain in place for:

• three months, if you were speeding more than 30km/h over the limit but less than 45km/hr
  
• six months, if you were speeding more than 45km/hr over the limit.
  

If your licence is suspended, you must not drive until:

• the end of the suspension period
• you have appealed the suspension to the Local Court and had your suspension lifted
• you go to court and the offence is heard, although the court may convict and disqualify your licence if you are found guilty.

You have up to 28 days from the date you received the police suspension to appeal the immediate licence suspension to the Local Court.

If you have been issued with an immediate licence suspension, you should get legal advice. 

Can the police give me an immediate licence suspension if I am visiting NSW and do not hold a NSW Driver licence?

If you are a visitor and do not hold a NSW driver licence, the police can give you a letter withdrawing your driving privileges for a period of time if you commit a driving offence. This means that you will not be allowed to drive in NSW during that period or until the matter is heard by the Local Court.

If you are a visitor and have been issued with a letter about your driving privileges, you should get legal advice about whether you can appeal this type of decision. 

Can I appeal an immediate​ licence suspension?

You can appeal a decision by the police to immediately suspend your NSW licence by filing an Application Notice - General with the Local Court or online. 

You can get a copy from the Forms page on the Local Court website.

You will need to pay a fee when you file your form.

For more information, see Fees on the Local Court website.

Before you appeal, you should get legal advice. The Court can only consider whether there are exceptional circumstances in your case that support the suspension to be lifted or varied.

It's important to also be aware that:

• the Court will not consider whether you were guilty or innocent of the offence that led to the suspension
• if your appeal is unsuccessful you may have to pay the legal costs of the police
• you can't appeal the decision of the Local Court (although if you missed your court date, you may be able to file an annulment application).

In addition to the immediate licence suspension, you should have received a fine notice or Court Attendance Notice for the offence the police allege you have committed. 

You have up to 28 days from the date you received the police suspension to appeal the immediate licence suspension to the Local Court. Don’t wait until the last minute to file your appeal in case you experience problems, including technical difficulties, and aren’t able to submit the appeal in time. If you do not file your appeal within 28 days, even if the court accepts your application, the magistrate will not be able to hear your case.

For more information, see Losing your licence on the My problem is about section of our website.

What happens when I app​eal my licence suspension to the Local Court?

After you file your Application Notice - Appeal against decision of RMS (Licence appeal) form with a Local Court or online and pay the filing fee, you should receive a letter or email telling you which day you have to go to Court.

The decision to suspend your licence is usually stayed (stopped temporarily), but you should check with TfNSW before driving anywhere. 

You should also get advice before going to Court as you will have to:

• explain to the Court the reasons you are appealing the decision
• provide evidence, for example, a letter from your employer outlining your driving responsibilities at work or letter from a doctor evidencing your carer responsibilities for someone with health and/or mobility issues.

The Court will not consider the offences that led to the suspension, including whether you were guilty or innocent of the offence.

After the Court hears your case, they can decide to:

• dismiss your appeal and confirm the suspension period will still be in place
• cancel the suspension period
• vary the suspension period, by increasing or decreasing it.

After the Court hears your appeal, it’s decision will be final. You can’t appeal the Court’s decision. However, if you missed your court date, you may be able to file an annulment application.

If you are unsuccessful in getting the suspension lifted, the Court can order you to pay the legal costs of TfNSW.

For more information, see Losing your licence on the My problem is about section of our website.

How can I get my licence back when the suspension period is over?

If the police took your licence, you will need to contact Transport for NSW (TfNSW) to replace your licence before you can start driving again. 

You don't need to replace your licence at the end of your suspension if you got to keep it. You can start driving again straight away, as long as your licence has not expired, or you have not been suspended or disqualified for another reason. If your licence has expired, you will need to renew it before you can start driving again. 

It is a good idea to check with TfNSW before you drive.

Can my licence be suspended for accumulating demerits?

Transport for NSW (TfNSW) can suspend your driver licence if you accumulate the threshold number of demerit points for your type of licence. ​​The threshold number of demerit points for each type of licence and the suspension period is:

If you have accumulated demerits for an offence of speeding 30km/hr over the limit, or 45km/hr over the limit, or if you have committed more than one of these speeding offences, you will also face an additional suspension period. 

If your P2 licence is suspended as a result of loss of demerit points, or for a higher risk offence like speeding more than 30km/h or more you will need to spend an extra six months on your P2 licence.

For more information, see Demerit point suspension on the My problem is about section of our website.

​Can I appeal the suspension of my licence due to accumulating demerit points?

You can appeal a demerit point suspension if you have a learner or provisional licence.

You have until the day before a TfNSW Notice of Suspension commences to lodge your appeal. Don’t wait until the last minute to file your appeal in case you experience problems, including technical difficulties, and aren’t able to submit the appeal in time. If you do not file your appeal in time, even if the court accepts your application, the magistrate will not be able to hear your case. 

For more information, see Demerit point suspension on the My problem is about section of our website.

What options do I have ​if my unrestricted licence is suspended due to accumulating demerit points?

If your unrestricted licence has been suspended for accumulating too many demerit points, you can:

• apply for a good behaviour licence instead of serving the suspension
• apply for professional driver status.

If you apply for a good behaviour licence, this will enable you to keep your licence on the condition you are of good behaviour for 12 months and don't accumulate two or more demerits in this period. 

If you get two or more demerit points, your licence will be suspended for double the original suspension period. 

If you are a driver who transports goods or a bus, taxi or hire car driver, you can apply to TfNSW to be recognised as a professional driver.

Your application will only be considered if you have lost exactly 13 demerits. If your application is successful the suspension will be withdrawn, and you may continue to drive. The 13 demerits will remain on your driving record.

If you accrue any more demerit points during a three year period, your licence will be suspended.

For more information, see Demerit point suspension on the My problem is about section of our website.

What is the Demerit Point Reduction Trial?

The demerit point reduction trial incentivises drivers to follow the road rules by removing a demerit point from your record if you:

• have a full unrestricted NSW driver licence
• got any demerit points in the three years, and
• don’t commit any offences between 17 January 2024 and 16 January 2025.

The trial previously ran for a year, from 17 January 2023 to 16 January 2024, and has been extended for a further year.

For more information, see Demerit point suspension on the My problem is about section of our website.  

Do I have to complete the driver education course that Transport for NSW has told me I have to​ do?

If you have had multiple demerit point suspensions, Transport for NSW (TfNSW) can require you to undertake either a driver education course, a driver knowledge test, or both.

TfNSW may request these of you if:

• you are a full licence holder and your licence has been suspended twice or more in a five year period due to demerit points, or
• you are a provisional licence holder and your licence has been suspended twice or more during the time you have held your provisional licence (this is not limited to a five year period).
  

TfNSW can extend your period of suspension until you satisfactorily complete the driver education course, driver knowledge test or both.

For more information, see Demerit point suspension on the My problem is about section of our website.

How do I get a good beha​viour licence?

You can get a good behaviour licence if you hold an unrestricted licence and your licence was suspended because you incurred 13 or more demerit points. If you lost your licence for any other reason, you can't get a good behaviour licence. 

You can elect to be of good behaviour:

• online, or
• in person at your nearest Service NSW Centre.

You must do this before your suspension begins.

For more information, see Demerit point suspension on the My problem is about section of our website.

What if I breach my goo​d behaviour licence?

If you accumulate two or more demerit points during a good behaviour period, you will be breaching the conditions of your good behaviour licence.

Your licence will be suspended for double the original suspension period. For example, if you were going to be suspended for three months but arranged to have a good behaviour licence and then breached it, your licence will be suspended for six months.

Can I appeal a suspension of my good behaviour licence? 

You can't appeal a suspension of your good behaviour licence.

You may be able to apply to have the fine that will lead to the suspension dealt with at Court to try and avoid accumulating demerit points. 

Before you apply to go to Court, you should get legal advice.

What is a professional driver?

A professional driver is someone who transports goods, or is an accredited taxi, bus or hire car driver for work. 

Unrestricted licence holders that are professional drivers have a demerit threshold of 14 demerit points instead of 13.

What if I drive during a s​uspension period?

Serious penalties apply if you are convicted of driving whilst you are suspended. The offence ca​​n also have consequences for your motor vehicle insurance policy if you are involved in an accident.

If you have been charged with driving during a suspension period, you should get legal advice.

Can a learner or provisional l​icence holder apply for a good behaviour licence? 

A learner or provisional licence holder is not eligible to apply for a good behaviour licence​. This option is only available to unrestricted licence holders that are facing a suspension for exceeding 13 or more demerits in a three year period. 

What if I have multiple l​icences?

You can only have one driver licence, but you may have multiple licence classes that allow you to drive different vehicles, for example, a car and a motorcycle. 

If you have multiple licence classes, for example, a learner motorcycle licence and an unrestricted car licence, you will have different demerit thresholds for each class of licence. There are special rules around how any demerits you accumulate will affect each licence.

You should speak to Transport for NSW about your situation or get legal advice.

How do demerit points work?

If you have not committed any driving offences, you will have zero demerit points. If you commit an offence that carries demerit points, these points will be added to your driving record. 

If you reach the threshold number of ​points for your licence, you will face a period of suspension and/or Transport for NSW may refuse to renew your licence. 

When will demerit points be deleted from my driving record?

Demerit points will be deleted:

• three years after the offence date
  
• at the commencement of a demerit point suspension - if the points counted towards the suspension
  
• at the commencement of the good behaviour period - if the points counted towards the suspension that lead to the good behaviour period.
  

Demerit points will not be counted towards your suspension and deleted if you incur them:

• after you are served with a notice of suspension but before your suspension period begins
• after you are served with a notice of suspension but before you commence a good behaviour period. 

If your licence is disqualified, your demerit points will not be affected. They will still be counted towards your balance after your disqualification period is finished. 

If the offence that lead to your disqualification carries demerit points, these will be added to your driving record. 

Will my points go back to zero after my suspension period?

Yes, if you serve a suspension period, all your demerit points that led to the suspension will be removed. The points are not active and cannot lead to another suspension, but the offences will still show up on your driving record. 

Any other demerit points that did not count towards that suspension will remain active. If you have further traffic offences in addition to those that led to the first suspension, you may receive a second suspension.

Will my points go back to zero after my good behaviour licence period?

Yes, if you successfully go 12 months without incurring two or more points during your 12 month good behaviour period, the points leading to your suspension will be removed. They cannot lead to another suspension, but the offences will still show up on your driving record. If you incurred one demerit point during this time, this point will still be active.

If you got two or more demerit points while on your good behaviour licence, you will be suspended for double the initial period. Once you serve this period, those points that resulted in your initial suspension will no longer be active, but they will appear on your driving record. The points that resulted in the breach of the good behaviour period are wiped too.

What happens to my demerit points if I am successful in appealing a licence suspension?​

All demerit points that have been counted towards your suspension will be deleted on the day you begin your suspension period. 

If you appealed your licence suspension, the suspension may have been stayed (stopped temporarily). If you were successful in avoiding a suspension period, the demerit points will not be deleted because your licence was not suspended. If you commit another traffic offence that attracts demerit points, your licence will likely be suspended. 

If you appeal the suspension and get a reduced suspension period or are told you have to serve the full suspension period, the demerit points will be deleted on the date your suspension begins. 

Can my licence be ​s​uspended for certain speeding offe​​nces?

Your licence will be suspended:

• for three months, if you have been fined or convicted for speeding more than 30 km/hr over the limit but less than 45 km/hr over the limit
  
• for six months, if you have been fined or convicted of speeding 45 km/hr over the limit.
  

The police can immediately suspend your licence if you: 

• were speeding more than 30km/hr over the limit and you hold a learners or provisional licence
  
• were speeding more than 45km/hr over the limit and hold an unrestricted licence.
  

If the police have not suspended you on the spot, Transport for NSW (TfNSW) can suspend you following a notice of suspension.

If the demerits you accumulate for the speeding offence make you exceed the demerit threshold for your type of licence, you will also face an additional suspension period.

If your P2 licence is suspended as a result of demerit points, or for a higher risk offence like speeding more than 30km/hr you will need to spend an extra six months on your P2 licence.

For more information, see Speeding on the My problem is about section of our website.

I am on my P1 licence. Will I lose my licence for a speeding offence? 

If you are on your learners or P1 licence, any speeding offence carries at least 4 demerit points, even if it carries less for other drivers. This means that if you are caught speeding while on your learners or P1 licence, you will receive a three month suspension from driving if you pay the fine. 

If you pay the fine, you will receive a letter telling you that you are suspended. You can choose to appeal the suspension.

Instead of paying the fine, you can choose to take the it to court.

Before deciding to take a fine to court or appealing a suspension, you should get legal advice.

Will being suspended mean I need to spend longer on my P2 licence?

If your P2 licence is suspended as a result of demerit points, or for a higher risk offence like speeding more than 30km/hr you will need to spend an extra six months on your P2 licence. 

For more information about the process to apply for your full licence, see Getting your licence on the TfNSW website. 

Can I appeal a suspension ​​imposed for a speeding offence?

When you are charged with speeding more than 30km/hr over the limit or more than 45km/hr over the limit, you will:

• be given a fine for the offence, or
• be given or sent a Court Attendance Notice.

If you have been given a fine for the offence, and you pay it or it becomes an overdue fine notice (previously called an enforcement order) because you have not paid it, you will be sent a notice (letter) from Transport for NSW (TfNSW) telling you your licence is suspended because of the offence you committed. You have until the day before the TfNSW Notice of Suspension commences to lodge your appeal. After the Court hears your appeal, it’s decision will be final. You can’t appeal the Court’s decision. However, if you missed your court date, you may be able to file an annulment application. 

You should get legal advice about appealing the suspension period.

If you are given a Court Attendance Notice or apply to have your fine notice heard in Court, the Court will decide your penalty if you plead guilty or are found guilty of the offence.

For more information, see Speeding on the My problem is about section of our website.

Can a police issued on the spot suspension be taken into account if the Court disqualifies me?

Yes. If the Court finds you guilty of speeding between 30-45km over the limit, the Court must disqualify you for three months or more (unless you received a section 10 - no disqualification periods apply if you receive a section 10).

However, if you were suspended on the spot by police, that period of suspension can be taken into account by the Court when sentencing you. It can count for part or all of the disqualification period ordered by the Court.

For example, if you served one month of the police suspension before the Court sentences you, the Court could give you a two month disqualification period, taking into account the one month you have already been suspended for.

The Court also has the power to increase the penalty. Before applying to take a fine to Court, you should get legal advice.

What if I get a section 10 at ​court for a speeding offence?

If you get a section 10 (when you are not convicted of the offence), you won't accumulate any demerit points for the offence or face a suspension period. 

You may still have to pay court costs and a victim's support levy. 

Can my licence be suspend​ed for not paying a fine?

Your driver licence can be suspended by Transport for NSW (TfNSW) if you didn't respond to the overdue fine (previously called an enforcement order) within 28 days (if the notice was sent by post) or 21 days (if it was given to you in person). 

TfNSW can also suspend your motor vehicle registration. 

For more information, see Unpaid fines on the My problem is about section of our website.

What if my licence is suspen​​ded for not paying a fine but I continue to drive? 

Driving whilst you are suspended is a serious offence and if you are convicted, you can be fined, disqualified from driving and in some cases, given a gaol sentence. 

It is best to deal with your fines by the due date, as this will avoid enforcement action by Revenue NSW, including suspension of your driver licence.

When will the restrictions on ​my licence be lifted after I pay the fine(s)? 

After you have paid any outstanding fines you should contact Transport for NSW (TfNSW) to check the restrictions on your licence have been lifted.

The lifting of restrictions will vary depending on how you paid the fine, for example, if you paid over the internet there may be a processing delay.

Check with TfNSW before you decide to drive as serious penalties apply if you are convicted of driving whilst suspended. 

If your licence expired during your suspension, you will have to renew it before you drive.

For more information, see Unpaid fines on the My problem is about section of our website.

How do I get the restrictions on my licence lifted? 

If your licence is suspended or your registration is cancelled, you will usually have to pay the full amount that you owe to get your licence or car registration back. 

For more information, see Unpaid fines on the My problem is about section of our website.

Do I need to tell Transport for NSW about any long term illnesses I have?

If you have any long-term illness, injury of medical condition that may affect your ability to drive, you must tell Transport for NSW (TfNSW) as soon as practicable. 

If you have a temporary illness, condition or injury, you may not have to report it to TfNSW. You should talk to your doctor to decide if you are able to drive. 

Your doctor, family members or others may also notify TfNSW of your condition if they are aware.

For more information, see Appeal your medical suspension on the My problem is about section of our website. 

If I have a medical condition, can I go on a restricted licence?

If you have a certain medical condition or illness, you may be able to restrict your licence, for example, by only driving within a certain distance of your home. You should speak to your doctor to see if you are fit to drive and under what conditions.

If Transport for NSW (TfNSW) agree, they may apply the conditions to your licence.

It is important that you comply the conditions or seek a review from your doctor if you can't comply. 

Transport for NSW have told me I need to get some medical reports done. Can I get an extension to get these medical reviews completed?

You must try and arrange for the medical reports to be completed and submitted to TfNSW by the due date.

If you are unable to have the reports completed in time, you should try and seek an extension of time from TfNSW. TfNSW may agree to an extension if you have tried to book appointments before the due date, even if the first available appointment is after the due date.

If you have passed the due date and no extension has been granted, TfNSW may suspend or cancel your licence. However, your doctor or specialist can submit medical reports to TfNSW at any time after the cancellation or suspension of your licence, and TfNSW can reconsider their decision.

For more information, see Appeal your medical suspension on the My problem is about section of our website. 

When will Transport for NSW suspend or cancel my licence on medical grounds?

Transport for NSW (TfNSW) may suspend or cancel your licence on medical grounds where:

• TfNSW requires further information
• you have not complied with providing medical examinations or reports by the due date
  
• you don't meet medical standards. 

TfNSW considers the competence of drivers in accordance with the Assessing Fitness to Drive guidelines which were developed by the National Transport Commission and Austroads.

TfNSW will provide you notice of the suspension and/or cancellation of your licence in writing. TfNSW will also provide you with the reasons for the licence and/or cancellation and what you may be able to do to try and get your licence back.

For more information, see Appeal your medical suspension on the My problem is about section of our website. 

Can I appeal a decision of Transport for NSW to suspend or cancel my licence on medical grounds?

Depending on the reason why your licence was suspended or cancelled, you may be able to appeal Transport for NSW's (TfNSW) decision to the Local Court of NSW. 

You have until the day before a TfNSW Notice of Suspension or Cancellation commences to lodge your appeal. 

The Local Court may:

• allow your appeal, which means that the Court may decide to vary TfNSW's decision, which may include lifting or reducing the suspension period, or decide that the cancellation be lifted
  
• dismiss your appeal, meaning that TfNSW's decision to suspend or cancel your licence is to remain in place
  
• vary TfNSW's decision, for example give you a conditional licence. 
  

For more information, see Appeal your medical suspension on the My problem is about section of our website. 

If you are unsure if you should lodge an appeal to the Local Court, you should get legal advice. 

How can I appeal a decision of Transport for NSW to suspend or cancel my licence on medical grounds to the Local Court?

To appeal a decision of Transport for NSW (TfNSW) to suspend or cancel your licence, you must file an Application Notice- RMS Licence Appeal at the Local Court.

You have until the day before a TfNSW Notice of Suspension or Cancellation commences to lodge your appeal. Don’t wait until the last minute to file your appeal in case you experience problems, including technical difficulties, and aren’t able to submit the appeal in time. If you do not file your appeal in time, even if the court accepts your application, the magistrate will not be able to hear your case.

You must not drive until your appeal is dealt with by the Local Court. Appealing the suspension on medical grounds does not stay or stop the suspension or cancellation from being in place.

For more information, see Appeal your medical suspension on the My problem is about section of our website. 

Before appealing to the Local Court, you should get legal advice.

Can I make a report to Transport for NSW I am concerned about the safety of a family member or friend whilst driving?

If you have concerns about someone's medical fitness to drive, you should encourage them to speak to their doctor.

If you have genuine concerns, you can submit an Unsafe and/or Medically Unfit for Driving Report (Report) to Transport for NSW (TfNSW) if you have knowledge of the driver's medical condition and/or unsafe driving.

For a copy of the report, see Getting a medical assessment for Fitness to Drive on the TfNSW website. 

If you have concerns that someone poses an immediate or serious threat, you should report it to the NSW Police, and if possible, the person's doctor. 

Can my visitor driv​er privileges be suspended or withdrawn?

Generally, the law allows you to drive in NSW if you hold a valid driver licence in another Australian State or Territory. 

There are a number of situations where your driving privileges may be suspended including:

• in some circumstances if you have lived in NSW for a continuous period of 3 months
• if you accumulate 13 demerit points or more
• if you are disqualified or suspended in any part of Australia or another country
  
• if you apply for a NSW licence but the application is refused
  
• if Transport for NSW (TfNSW) believe you are not a fit and proper person to drive
  
• if TfNSW believe your ability to drive safely is impaired
  
• if you are caught drink driving or driving with drugs in your system
  
• if you have two or more unpaid fines (for traffic offences) with Revenue NSW.
  

If your visitor driver privileges have been withdrawn, this means that you can’t drive in NSW using your interstate licence. 

Continuing to drive using your interstate licence in NSW when your visitor driver privileges have been suspended or withdrawn is a criminal offence and you could be charged.

How can I have the suspension lifted so I can drive again in NSW? 

Whether you can get the suspension of your visitor driving privileges lifted will depend on why it has been suspended. Some suspensions can't be appealed. 

If your visitor driver privileges have been suspended in NSW because you didn't pay at least two traffic or parking fines you have in NSW, you can: 

• pay the fines in full as this will allow the suspension to be lifted
• apply for an annulment and to have the suspension lifted
  
• appeal against your conviction and apply to have the suspension lifted
  
• apply for a Work and Development Order
  
• apply for the fine(s) to be waived or postponed if you are experiencing hardship.
  

If you are not sure what to do, you should get legal advice about your situation.

You should check with TfNSW that your suspension has been lifted before you drive again.

For more information, see Unpaid fines on the My problem is about section of our website.

If your visitor driver privileges have been withdrawn for another reason, for example you have committed an offence in NSW which carries a suspension period, you may have other options available to you to regain your visitor driver privileges. You should get legal advice about your situation.

Can I go on a good behaviour licence if I have an interstate licence?

Yes, you can apply for a good behaviour licence if you have an interstate licence. A good behaviour licence is only available in certain circumstances. 

What is a licence disqualification?

A disqualification is an order made by a court telling you that you can't drive for a certain period of time as your licence is cancelled. 

It is a serious offence if you drive whilst disqualified. You can be given a fine, a longer disqualification period and, in some circumstances, a gaol sentence. 

Previously, if you had been convicted of three or more serious traffic offences in a five year period (such as driving whilst suspended or disqualified) the Court or Transport for NSW could declare you a Habitual Traffic Offender (HTO).

You can no longer be declared a HTO, but the Court can still disqualify you from driving.

For more information, see Losing your licence on the My problem is about section of our website.

If you have been declared a Habitual Traffic Offender (HTO), you make be able to apply to quash the declaration. You should get legal advice.

Will my licence be disqualified if I get a section 10?

If you plead guilty or are found guilty of a traffic offence where a disqualification period is a possible penalty, and you get a section 10, your licence will not be disqualified. 

Can my licence be disqualified for a drink driving offence?

If you are convicted of any drink driving or driving under the influence offences, you will be disqualified, except if you get a section 10.

If you are convicted of a repeat or serious drink driving offence, the Court may make a Mandatory Interlock Order. 

If your licence has been disqualified, you must not continue to drive. It is a serious offence to drive whilst disqualified. If you are convicted you will face serious penalties, including a possible gaol sentence.

For more information, see Losing your licence on the My problem is about section of our website.

When does the disqualification start?

You will be told the start and end dates for your disqualification period by the Court or Transport for NSW.

Your disqualification period will start on the date you are sentenced by the Court, unless the Court orders it to start on another date. If your licence was immediately suspended by the police for the offence, this can be taken into account by the Court at sentencing in determining the period of your disqualification.

Can an interstate licence holder be disqualified for a NSW offence?

NSW can only withdraw your driving privileges and disqualify you from driving in NSW, they can't suspend your interstate licence.

If you are disqualified from driving in NSW, Transport for NSW will pass on this information to the relevant driving authority in your State. The driving authority in your State is likely to confirm that the disqualification still applies to your licence.

Can I apply for a licence in another State if I am disqualified in NSW?

Australian States and Territories exchange information about traffic offences, including court convictions and penalties. 

In NSW, it is an offence to apply for a licence during a disqualification period using a false name or failing to mention that you are disqualified. Other States and Territories may have similar laws.

Can I appeal a licence disqualification imposed by the Court?

You can appeal your conviction or sentence to the District Court within 28 days, or three months with leave (permission) from the Court.

If you missed your Court date, you may be able to make an application for annulment.

Depending on the type of driving offence you have been convicted of and the length of time you have been disqualified, you may be eligible to apply to remove your disqualification period. 

If you have already been declared a Habitual Traffic Offender, you may be able to apply to have the declaration quashed. 

For more information, see Losing your licence on the My problem is about section of our website.

Can I apply to have my disqualification period removed?

If you are eligible, you may be able to apply to the Local Court to have your disqualification period removed.

Whether you are eligible or not will depend on the type of driving offences that you have been convicted of, as well as the length of time you have been disqualified. 

Before making an application to remove your licence disqualification, you should get legal advice.

For more information, see Losing your licence on the My problem is about section of our website.

Can the Local Court reopen a case where an order was made for removing licence disqualification? 

If you were convicted of a never-eligible offence and the Local Court made an order removing the licence disqualification, Transport for NSW can apply to the Local Court to have the matter reheard.

If your case has been reopened in the Local Court, you should get legal advice.

What are my options if I need my licence but it is disqualified?

If you are not eligible to apply to have your driver licence disqualification period removed or you have been unsuccessful in your application, you may have other options. If you need your licence for work, health or personal reasons you may be able to:

• apply for an annulment of the conviction or sentence, if you missed court
  
• appeal the conviction or sentence within 28 days, or three months with leave of the Court
  
• apply to the Attorney General for your unexpired period of disqualification to be remitted (cancelled)
  
• apply to have your Habitual Traffic Offender Declaration quashed (cancelled) or reduced to a minimum of two years.
  

For more information, see After court on the My problem is about section of our website.

When can the Attorney General cancel my disqualification period?

You can ask the Attorney General to recommend to the Governor that they remit (cancel) the unexpired period of your disqualification due to exceptional circumstances. The exceptional circumstances of your situation must have arisen after your penalty was imposed.

Inconvenience caused by a lack of having a licence, for example, difficulties experienced by you in improving your employment prospects, will not usually be accepted as a good reason to get your remaining period of disqualification cancelled.

The following are two cases where an application was successful, and provide some idea of what might be considered exceptional circumstances:

• an Aboriginal woman with four children, one with a serious disability, who lived in a very remote area with no family or community support and had six months left of her disqualification
• a person with four weeks remaining of disqualification whose partner had a terminal illness with weeks to live.
  

The Governor can't remit licence suspensions imposed by Transport for NSW for:

• unpaid fines
• excessive speeding
• accumulation of demerits, and
• other offences.

The Governor also can't remit a disqualification period related to a Habitual Traffic Offender Declaration.

For more information, see the Royal Prerogative of Mercy and reviews of convictions and sentences on the Department of Communities and Justice website.

How do I apply to the Attorney General?

There is no formal application. If you want to apply you can write a letter to the: 

General Counsel
Office of the General Counsel
Department of Justice
GPO Box 6

Sydney 2001. 

You should include any evidence that covers:

• your new sense of responsibility, or rehabilitation, including character references
  
• that drug or alcohol problems have been addressed, if they were related to the disqualification
  
• any severe medical problems, including evidence from doctors, or health practitioners
  
• why there are no other alternatives to the request you are making
  
• character references
  
• all other evidence that is relevant to your application.
  

A Statutory Declaration alone will not be considered sufficient evidence.

How can I get my licence back when the disqualification period is over?

When you are disqualified, your licence is cancelled by Transport for NSW (TfNSW).

You will need to contact TfNSW to re-apply for your licence. You will need to do any relevant tests to get the same licence you had prior to the disqualification. 

You must not drive until you have been reissued with your licence.

What is the one passenger condition?

If you are a provisional licence holder and you have been disqualified for any driving offence, you will have a passenger condition applied to your licence once your disqualification period ends. 

The passenger condition means you can only carry one passenger at any time while driving. This condition will apply for 12 months. 

You may apply for an exemption from the one passenger condition. Exemptions will only be granted in exceptional circumstances. 

For more information, see Provisional P1 licence and Provisional P2 licence on the NSW Government website.

What is a Habitual Traffic Offender Declaration?

Previously you could be declared a Habitual Traffic Offender if you were convicted of three or more relevant serious traffic offences within a five year period. This Declaration meant that you were disqualified from driving for five years in addition to any disqualification periods imposed for the actual offences that were dealt with by the court. 

From 28 October 2017, the Court and Transport for NSW can no longer declare you a Habitual Traffic Offender. 

What is considered a relevant serious traffic offence?

Relevant serious traffic offences include:  

• all drink driving offences, or driving under the influence of drugs or alcohol
• failing or refusing to undertake a breath test/analysis
• driving whilst disqualified
• driving whilst suspended or cancelled, except for a suspension for an unpaid fine
  
• driving by a person who has never been licensed, except where it is considered a first offence
  
• speeding more than 45km/hr over the limit
• negligent driving occasioning death or grievous bodily harm
  
• driving furiously, recklessly or in a manner dangerous.

What if my application to remove drive licence disqualification is unsuccessful?

You can't appeal this decision. You can make another application to remove your driver licence disqualification after 12 months.

If you have more offences in this 12 month period, this will affect your offence free period and delay your ability to apply again.

If you were declared a Habitual Traffic Offender, you can apply to the Court to have the declaration quashed.

Before making a new application, you should get legal advice. 

How do I appeal a Habitual Traffic Offender Declaration?

If you have been declared a Habitual Traffic Offender (HTO), you can apply to the Local Court to have the disqualification period reduced. You can do this by either:

• getting your licence disqualification removed under the new scheme. A successful application will remove all disqualifications, however you must be eligible, or
  
• getting your Habitual Traffic Offender Declaration quashed. This will only remove the HTO disqualifications.
  

Before applying to have your Habitual Traffic Offender Declaration quashed or to remove your disqualification period, you should get legal advice about what is the best option for you.

For more information, see the Step by step guide - Getting a habitual traffic offender declaration quashed on the My problem is about section of our website.

What if my application to quash a Habitual Traffic Offender Declaration is unsuccessful?

You can't appeal this decision. You can make another application to the Local Court at another time.

Before making a new application, you should get legal advice.

You may be eligible to apply to have your disqualification period removed through the driver licence disqualification removal scheme.

For more information, see Step by step guide - Getting a habitual traffic offender declaration quashed on the My problem is about section of our website.