Loss of licence NSW can be a major inconvenience that can make it difficult to get around in the state of NSW. A driver’s licence in NSW is a legal document that allows an individual to operate a motor vehicle on public roads in the state. This article will discuss the consequences of losing your licence (suspension) and what you can do about it.
Reasons for Loss of Licence NSW
There are various reasons for suspension or loss of licence NSW. Service NSW enumerates the following causes:
- exceeding the demerit points limit. If you reach or go over your demerit point limit within a 3-year period, your licence will be suspended.
- non-payment of an outstanding fine or a court-imposed fine
- medical reasons
- committing a traffic offence, such as:
- speeding
- driving under the influence (DUI)
- street racing and other hoon offences
- driving without supervision (learner licence holders)
- causing an accident that results in death or grievous bodily harm.
The NSW Police can also suspend your licence on the spot if you are caught committing the following acts:
- You were involved in a serious accident causing death or grievous bodily harm.
- Your speed is in excess of 45km/h over the speed limit (full licence holders).
- Your speed is in excess of 30km/h over the speed limit (learner or provisional licence holders).
- You drive with a prescribed concentration of alcohol (PCA) or under the influence of alcohol (DUI) or drugs.
- You were taking part in street racing and other hoon offences.
- You were driving without supervision (learner licence holders).
Appealing Suspension or Loss of Licence NSW
If you have received a notice of suspension, you may be able to appeal the decision. We discuss some key steps to keep in mind when appealing a TfNSW demerit suspension below. Note that there are two kinds of suspension, namely:
- Transport for NSW suspension, or
- Police suspension.
Transport for NSW Suspension
TfNSW may issue a suspension notice if you commit an offence that is captured by a camera or if you accrue too many demerit points. The notice will specify the start date of the suspension and the day you can resume driving.
However, you must file your appeal at least one day before your suspension is due to begin. You can submit your appeal online, or lodge your application notice at any local court registry.
Not all cases of suspension are appealable. You cannot appeal the suspension if you receive 13 or more demerit points while driving with a full license. The remedy for this is to request for a good behaviour suspension. If you have an unrestricted licence and receive a suspension notice, you may be eligible to apply for a behaviour period. You can read more about good behaviour period in this article.
Eligibility
You may appeal if your licence has been suspended and you’ve received a letter from Transport NSW about a driver licence and the letter states that you have a right to appeal. You must file your appeal before your licence suspension or cancellation starts.
Grounds for Appeal
To appeal a TfNSW demerit suspension, there must be valid grounds for the appeal. These grounds can include:
- errors in the issuing of the suspension,
- exceptional circumstances, or
- other relevant factors.
Whether a driver can appeal a demerit point suspension depends on what type of licence they were on
Appeal Outcomes
The outcomes of a TfNSW demerit suspension appeal can vary. Here are some possible results:
- Dismissal of the appeal. If the court dismisses the appeal, the suspension will remain in place. The suspension is effective from the date you attend court, and this decision is final.
- Dismissal with varied suspension. The court may dismiss the appeal but vary the suspension period. This can result in an increased suspension period or reduced suspension period, even as short as one day.
- Complete allowance of the appeal. In some cases, the court may allow the appeal completely, meaning no period of suspension is served. However, the demerit points incurred will remain on the traffic record.
The court has the power to consider a wide range of circumstances when deciding whether to uphold or refuse your appeal. These include:
- The circumstances of the particular offence
- Your driving record
- Your need for a licence
- Your remorse for the offence
- Your character
- Any steps you have taken to reduce the likelihood of reoffending
- Payment of the fine as evidence that you have accepted responsibility and incurred some expense as a result of your conduct.
Appeal Process for Police Suspension
To appeal a police suspension, you need to complete an Application Notice – General. Here’s a sample application. For TfNSW suspension for speeding and demerit points, you need to complete an Application Notice– Appeal against decision of RMS (Licence appeal). Check this link for the sample application.
Note: As a provisional licence holder, you have different options for appeals if you exceed your demerit point limit. You will usually be suggested that you pay the fine.
Effects of Loss of Licence NSW
When your driver’s licence is suspended in NSW, it can have several effects, including:
- Losing your licence can cause personal inconvenience, such as difficulty getting to work, school, or appointments, and may require you to rely on public transportation or other forms of transportation.
- Losing your licence can also result in financial consequences, such as the cost of alternative transportation, fines, and legal fees if you choose to appeal the suspension.
Note that driving with a suspended or disqualified licence in NSW can result in severe penalties, including fines up to $3,300, imprisonment for up to 6 months, or both. Additionally, you may face driver licence disqualification period for 3-6 months.
Loss of Licence NSW: Penalties for Driving With a Suspended Licence
Driving is a privilege that comes with great responsibility. When granted a driver’s licence, you are expected to follow the rules of the road and operate your vehicle safely.
However, if you are caught driving with a suspended or disqualified licence in NSW, you could face serious penalties under the Road Transport Act 2013. These penalties include fines, imprisonment, and disqualification from driving for a period of time.
The severity of the penalty depends on the specific circumstances of the offence, such as whether it is a first or subsequent offence, and whether the licence was suspended or disqualified.
Here’s a table of penalties for your reference:
Offence Type | Penalty range |
Drive While Suspended [s54(3)] | $3,300 – $5,000 fine or 6 to 12 months jail time |
Drive While Disqualified [s54(1)] | |
Drive After Refusal or Cancellation of Licence [s54(4)] | |
Drive After Licence Suspended or Cancelled for Non-Payment of Fine [s54(5)] | $3,300 – $5,000 fine or 6 months jail time, for first time offenders. |
Contact a Traffic Offence Lawyer
Traffic offence lawyers specialise in traffic laws and have a clear understanding of the legal system. They can provide expert advice on the specific laws and regulations related to loss of licence NSW.
If you decide to appeal a licence suspension, get a demerit points reset, or get a good behaviour licence, our lawyers at JB Solicitors can assist you in preparing a strong appeal. They can gather relevant evidence, such as supporting documents or witness statements, and ensure that all necessary paperwork is properly completed and submitted within the required timeframe.
Contact us today.