Appeal your licence suspension

You can appeal to the Local Court if you have been suspended:

• for speeding more than 30 km/hr over the speed limit
• for speeding more than 45 km/hr over the speed limit
• for driving with a low, special or novice range prescribed concentration of alcohol
• on the spot by a police officer
• for driving with an illicit substance present in your oral fluid, blood, or urine
• for having too many demerit points, if you are a provisional or learner licence holder.

You can’t appeal a demerit point suspension if:

• you have an unrestricted licence
• you were on a good behaviour period.

Transport for NSW suspension

You must file your appeal before your licence suspension or cancellation starts.

Police suspension

You must file your appeal within 28 days the date the police suspended your licence on-the-spot.

Don’t wait until the last minute to file your appeal. File your appeal as soon as possible to ensure it is received on time. If you don't file your appeal within 28 days, even if the Court accepts your application, it won’t be able to hear your case.

To appeal a police suspension, you need to complete:

• an Application Notice to the Local Court – General.

Instructions: Instructions for completing an Application to the Local Court - police suspension

Sample: Sample Application to the Local Court - police suspension

To appeal a TfNSW suspension for speeding or demerit points, you need to complete:

• an Application Notice - Appeal against decision of TfNSW (Licence appeal).

Instructions: Instructions for completing an Application Notice – Appeal against decision of TfNSW (Licence appeal)

Sample: Sample Application Notice – Appeal against decision of TfNSW (Licence appeal)

You can complete this form:

• through the Online Registry, or
• in writing.

You can get blank copies of these forms from:

• your nearest Local Court registry, or
• the Forms page on the Local Court of NSW website.

Once you have completed your form, you must file it at a Local Court registry and pay the filing fee.

You can file your completed form at any Local Court in NSW:

• in person
• by post
• by fax
• by email.

You should send your form to the Courts postal address, not the street address. You can find the Courts postal address on the Court locations, listing and sitting arrangements page on the Local Court of NSW website.

If you file your form by post, fax, or email, it won’t be processed until you have paid the filing fee.

If you are experiencing financial hardship, you may be able to apply to have your fee postponed, waived, or remitted.

If you are granted a fee waiver or postponement, you must file your form in person or by post. You can’t complete your application through the Online Registry.

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

Once the registry has processed your form, it will notify you of the date when your appeal will be heard. This will likely be several weeks or months away.

If you don’t attend court on this date, the Court may dismiss your appeal or hear it without you being there.  If you miss your court date, you may be able to file an annulment application.

If your licence was suspended by Transport for NSW (TfNSW), your suspension will be stayed (paused) until the Court hears your appeal. You can continue driving until your appeal is heard.

You should check with TfNSW whether your suspension has been stayed before you start driving again.

If you were suspended on-the-spot by the police, your licence will remain suspended until your appeal is heard.

You can ask the Court for an order staying your suspension. The Court will only make a stay order in exceptional circumstances.

When deciding whether there are exceptional circumstances, the Court will consider:

• the strength of the prosecution case
• your need for a licence
• the potential danger to the community if a stay order is made
• any other matter the Court thinks is relevant.

You need to provide evidence to support your licence suspension appeal. The Court may decide that your licence should not be suspended where:

• you are of good character
• you need your licence for work or family reasons
• there is some other good reason that the Court should overturn the suspension.

Character references

If you want to show the court that you are of good character, it is a good idea to have two or three people write references for you.

Sample: Sample character reference.

Apology letter

If you are going to

This is a chance for you to tell the Court you are sorry for the offence or offences and take responsibility for them, and what steps you will take to change your behaviour.

For more information, see Apology letters.

If you need your licence for work or for family reasons, you could provide the Magistrate with:

• a letter from your employer explaining what work you do and why you need your licence
• a medical certificate or doctor's letter if you need your licence because you are someone's carer, or 
• evidence of lack of access to public transport, distance between your home and your children's school or childcare.

When you go to court, you should take the original and three copies of any documents you intend to show the court. The original will be kept by the court. You will need to give one copy to the prosecutor, keep one for your records and have a spare.

If you need an interpreter at court, you should notify the Court at least two weeks before your appeal. The Local Court provides free interpreters in criminal cases. For more information, see Translators and interpreters on the Local Court of NSW website.

Arriving at court

You should arrive at court at least 30 minutes early. This will give you time to go through security and find your courtroom. 

If you think you are going to be late, you should ring the court registry and let them know. If you are not at court when your name is called, the Court may decide your case without you.

Find your courtroom

You can find your courtroom on:

• the court lists at the courthouse
• the Search NSW Court and Tribunal Lists page on the NSW Online Registry.

For information about how to find your courtroom, you should watch the video below.

Once you have found your courtroom, you can take a seat in the public gallery, or, if the courtroom is full, you can wait outside. There are often many cases listed on the same day and you will have to wait until your name is called. You could be at court for just a few hours or most of the day, so you should make arrangements with your work or childcare if necessary.

If you wait outside, make sure you stay close enough to the courtroom to hear the court officer call your name. If you leave, or are not there when your name is called, your case can be decided without you.

The courtroom may be closed for morning tea (usually around 11:30am) and for lunch (usually from 1:00pm to 2:00pm). You will have to leave the courtroom during these breaks. You can check with the court officer or the registry what time the courtroom will reopen.

Before entering the courtroom

Before entering the courtroom:

• remove your hat and sunglasses from your head
• stop eating or drinking
• turn your mobile phone off or put it on silent.

When your name is called, you can stand at the table at the front of the courtroom facing the Magistrate (bar table).

The Magistrate may ask you if you have anything to show the Court to support your appeal. If you have brought references and other documents, you should give these to the court officer to give to the Magistrate. The prosecutor may look at them first.

The Magistrate will then ask you to explain your case. This is also called making submissions. You could start by explaining to the Magistrate:

• your driving history, how long you have been driving, and any other offences you have committed
• why you need your licence, including if there is a risk of losing your job if you lose your licence
• what problems you will face (hardship you will suffer) without your licence
• what hardship someone else (for example, a family member) will face if you do not have your licence
• whether there is public transport that you could use
• why you think you are of good character.

If you are appealing an on-the-spot suspension, you need to show the Court that there are exceptional circumstances that justify it lifting or varying the suspension.

It can be very difficult to show exceptional circumstances.

The court can’t take into account any of the circumstances surrounding the offence.

Giving evidence

Some Magistrates may want you to give evidence. You will be asked to go into the witness box and take an oath or affirmation (promise to tell the truth). The Magistrate will then ask you questions. The prosecutor or the person representing TfNSW may also ask you some questions.

What the Court will consider

The Court will take into account:

•  your driving record
• why you need your licence
• the potential danger to the community if your suspension is lifted.

After the Court has heard your appeal, it may:

• lift your suspension
• vary your suspension - decrease or increase the length of your suspension
• dismiss your appeal and confirm your suspension.

If the Court lifts your suspension, you will get your licence back.

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

You don’t need to replace your licence if you got to keep it. You can start driving again straight away if your licence is still valid and has not expired. 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.

If the police suspended your licence on the spot and you have successfully appealed that suspension, you may still receive a notice of suspension from Transport for NSW after you have paid the fine for the offence or been convicted by the Court. You may be able to appeal that suspension to the Local Court.

If the Court dismisses your appeal, your licence will remain suspended. You can’t appeal the Court’s decision.  

If you missed your court date, you may be able to file an annulment application. 

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

If your appeal is dismissed, the Court may order you to pay the legal costs of TfNSW.

For more information, see Costs in fine cases.