Licence Suspension and Disqualification
Which decisions can you appeal?
- A decision by the RTA for exceeding the speed limit by more than 30 kph (Provisional) or 45 kph (Unrestricted).
- A decision by the RTA to suspend a P1 or P2 licence for loss of demerit points.
- An on the spot immediate suspension by the police for exceeding the speed limit by 45 kph.
If your licence has been suspended or disqualified, it is illegal for you to drive. There are serious criminal penalties that can apply if you get caught driving whilst suspended or disqualified.
Lodging a Licence Suspension Appeal
Lifting a period of disqualification
However, in exceptional circumstances, the Attorney-General’s department has the power to remit the unexpired term of a person’s licence disqualification. What this means is that after a matter has gone to court, and a penalty and disqualification imposed, the disqualification can be lifted. The Attorney-General requires specific criteria for these types of applications. Applicants must demonstrate the following, among other requirements:
- Evidence of rehabilitation;
- Evidence of abstinence from drug/alcohol use, where applicable;
- No (or limited) offending since the date of the penalty;
- Evidence of new-found responsibility;
- Evidence of extraordinary circumstances affecting the applicant, which have arisen after the penalty was impose
- Evidence of a pressing need for a licence (not including loss of income as a result of licence) and the absence of reasonable alternatives to holding a licence.
- Medical grounds (either in an individual or carer capacity) provide the strongest grounds for lifting a disqualification period.
All claims must be supported by appropriate documentary evidence. Character references are also an important part of a successful application.
These types of application are rarely granted. It is important that your application be appropriately worded and supported by relevant documentary evidence. Sydney Criminal Defence Lawyers has the expertise to put your best case forward.