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Christian Hearn

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Licence
Suspension
Appeals

There are numerous circumstances in which your drivers licence can be suspended either by the police or the Roads and Maritime Service (RMS). The loss of your licence can have a dramatic impact on your independence and in many cases, your ability to make a living. 

In some circumstances the decision to suspend your licence can be appealed to the Local Court where the order can be set aside, varied or upheld. The following types of suspension can be appealed:


 

Suspension of licence by police for speeding
 

  • On the spot suspension of provisional licence by police for exceeding speed limit
    by more than 30km/h

  • On the spot suspension of unrestricted licence by police for exceeding speed limit
    by more than 45km/h


 

Suspension of licence by RMS for speeding
 

  • Suspension of provisional licence by RMS for exceeding speed limit
    by more than 30km/h

  • Suspension of unrestricted licence by RMS for exceeding speed limit
    by more than 45km/h


 

Suspension of licence by RMS for accrual of demerit points
 

  • Suspension by RMS of provisional 1 licence for accrual of 4 or more demerit points

  • Suspension by RMS of provisional 2 licence for accrual of 7 or more demerit points

 

A Court hearing an appeal can make any of the following orders:
 

  • Set aside the decision to suspend your licence

  • Decrease the period of suspension

  • Dismiss the appeal and uphold the suspension period

 

In determining what action to take the Court will generally take into account the
following matters:

 

  • The circumstances surrounding the commission of the offence

  • The content (if any) of your traffic record or criminal history

  • Your need for a licence

 

Any appeal ordinarily has to be lodged within 28 days of the suspension being imposed.

It should be noted that if you appeal against an on the spot suspension by police, the court can only set aside or reduce the suspension if satisfied if there are exceptional circumstances.
 

Hearn Legal has extensive experience in traffic matters. To maximise your chances of successfully appealing your suspension, contact Christian for a free consultation.