Traffic Appeals

Appeal Process for Traffic Offences

  1. Lodge an Appeal Application: File an appeal application with the Local Court in person, online, or via post. You must lodge your application within 28 days of receiving the suspension notice or fine.

  2. Pay the Required Court Fee: Pay the associated fee, either during the online application process or at the courthouse.

  3. Attend the Court Hearing: Appear before the Local Court to present your appeal and any supporting evidence.

Licence & Speeding Appeals (NSW)

If you are suspended, either immediately after an interaction with police or later on conviction for a driving offence, you may be able to appeal.

Immediate Licence Suspensions

A police officer can issue an immediate suspension notice when giving a person a penalty or Court Attendance Notice for certain offences.

Which Offences Cause An Immediate Suspension?

Police can issue an immediate licence suspension for the following offences:

  • exceeding the speed limit by more than 45 kilometres per hour;

  • exceeding the speed limit by 30 kilometres per hour for provisional licences or foreign licence holders;

  • low, mid and high-range drink-driving;

  • driving with illicit drugs  present in your blood; and

  • an offence involving the death of, or grievous bodily harm to, another person caused by the use of a motor vehicle.

Licence Suspension Appeals

A police officer's decision to issue a suspension notice can be appealed to the Local Court. The Court must consider the appeal using the same authority as the original decision maker and can either:

  • allow the appeal (this means that suspension is removed); or

  • refuse the appeal (this means the suspension will remain in place); or

  • make an order as seems just to the court.

Unlike Transport for NSW licence suspension appeals, police immediate suspension appeals require the applicant to prove exceptional circumstances. Moreover, the suspension remains active until the Court date, as filing the appeal does not stay it.

Exceptional Circumstances

For appeals against immediate suspension, you need to prove exceptional circumstances to lift or vary the suspension. Under Section 268(5)(b) of the Road Transport Act 2013, the Court cannot consider the circumstances of the offence in these cases.

"Exceptional circumstances" are not defined in the Act, but the Court may consider the applicant's need for a licence, hardship caused by the suspension, potential community risks, and any other relevant factors. Proving exceptional circumstances is challenging due to the high bar set by the Courts. Case law indicates that losing employment alone does not qualify as an exceptional circumstance.

Stay Applications

If your licence is suspended immediately, you can apply to the Court to stay the suspension pending the outcome of the case. The applicant must prove exceptional circumstances. Under Section 135(4) of the Road Transport (General) Regulation 2013, the Court considers the following: 

(a) strength of prosecution evidence,

(b) need for a licence,

(c) potential danger to the community from immediate licence suspension,

(e) any other relevant matter.

How to Lodge Your Appeal

Upon payment of the fine for the offence, Transport NSW will issue a Notice of Suspension, indicating the date on which your licence will be suspended and the final date to file an appeal. You have 28 days from receipt of this notice to submit your appeal. Typically, the last day to lodge the appeal is the day before the suspension commences, as specified in the Notice of Suspension.

Failure to lodge your application within this timeframe results in the court lacking jurisdiction to hear the appeal, necessitating compliance with the suspension.