Contact Us

SUSPENDED LICENSE APPEALS

It is a common misconception that once your license has been suspended by the RTA, or the Police, there is no way of regaining your driving privileges until the end of the suspension period. However, decisions by the RTA to suspend your licence for exceeding the speed limit by more than either 30 kilometres per hour or 45 kilometres per hour, or decisions by the RTA to suspend a P1 or P2 provisional driver’s licence for loss of demerit points, can be appealed to the Local Court. In addition, an on-the-spot decision by the Police to suspend your licence for exceeding the speed limit by more than 45 kilometres an hour can also be appealed to the Local Court. The Court will either allow your appeal, which means that you keep your licence, disallow your appeal, which means that you will remain suspended, or importantly, the court may reduce the suspension period imposed on you by the RTA.

While there is no set formula that the court applies when deciding an appeal, they will generally base their decision on three main areas, being the particular circumstances of the offence, your traffic record and driving character, and importantly, your need for a licence.

However, a decision by the RTA to suspend an unrestricted driver’s licence for loss of demerit points generally cannot be appealed. In addition, in situations where a driver on a good behaviour bond licence breaches the terms of their bond, the Court will generally not allow an appeal. However, it may be possible for us to prevent demerit points being deducted, and thus preclude your license being suspended, by obtaining court orders that stop you from being convicted of a particular traffic offence. If we are successful in persuading the court to make an order under Section 10 of the Crimes (Sentencing Procedure) Act, you may be able to keep your driving privileges.

If your license has been suspended, it is vitally important that you contact us urgently as you only have 28 days to appeal an RTA or Police suspension. If you do not lodge your application in time, the court cannot hear your appeal, and you must serve the full term of the suspension.

At GMH Legal we can assist you in obtaining and completing the relevant appeal documents, and moreover, we can compile and present evidence of your unique circumstances, particularly your work commitments, in a cogent and persuasive manner, which will increase the prosects of having your suspension revoked, or at very least, significantly reduced in length.