You can appeal against the suspension of your license if one of the following applies to you:
Are you a provisional or learner licence holder and have Roads and Maritime Services (RMS) suspended your licence because you had too many demerit points?
Have you been issued an infringement and suspension notice for speeding more than 30 km/hr over the speed limit?
Have you been issued an infringement and suspension notice for speeding more than 45 km/hr over the speed limit?
The Local Court does not have the power to hear license suspension appeals if you hold an unrestricted license and your license has been suspended due to demerit points, or, if you breach a good behaviour bond license.
The Appeal will be heard by a Local Court Magistrate.
If you are issued a suspension notice you must file your appeal within 28 days of the date of the Notice of Suspension from RMS or within 28 days of when you received the ‘on the spot’ suspension from the police. The following is a step by step guide to appealing your suspension.
Step 1: Obtain and Complete the Appeal Form
A copy of the appeal form (Application Notice RTA License Appeal) can be obtained from any Local Court Registry or by accessing the Local Court website or by contacting our firm and making an appointment for our firm to represent you before the Court.
Step 2: Lodge (File) the Appeal Form with the Local Court
Either complete the form yourself or contact our firm to assist you to complete the form. You must attach a copy of the letter from the RMS when filing the appeal form.
Once the Application is completed the Application is then filed at a Local Court Registry. There is an $93.00 fee (as at July 2017) that you have to pay when you file an appeal form.
When you file the appeal you will be given a listing date. This is the date when your appeal will be heard by the Court. Depending on the nature of the appeal, the suspension will usually be stayed pending the Court hearing your appeal.
Step 3: Prepare Your Matter and Attend Court
When hearing a license appeal, the Magistrate has the following options available:
Set aside the suspension completely;
Reduce the suspension;
Confirm the original suspension imposed by the RMS;
When deciding whether to grant an appeal the Court will look at the following matters:
Are you are of good character;
Do you need your licence for work or family reasons; and
Is there is some other good reason that the court should overturn the suspension.
To prove these matters to the Court you should obtain a number of character references (or testimonials). Usually two or three references are sufficient.
If you need your licence for work or for family reasons, you should provide the Magistrate with evidence such as:
A letter from your employer explaining what work you do and why you need your licence;
A medical certificate or doctor’s letter if you need your licence because you are someone’s carer or because you personally have medically matters that will benefit from you retaining a licence; and
Evidence of lack of access to public transport, distance between your home and your work, children’s school or child care.
Once your appeal is determined by the Local Court Magistrate you cannot appeal the decision of the Magistrate. If the Magistrate decides not to allow your appeal to keep your licence, there is nothing else you or the can do and your licence will remain suspended. However, if the Magistrate decides to allow your appeal to keep your licence, there is nothing else the RMS can do.
The Court will take into consideration your traffic history, any prior suspensions and the circumstances of your specific case when determining what, if any, suspension should be imposed.
Submissions will be made about your good character, need for a license and other reasons why the court should overturn the suspension.
Depending on the nature of your offence it may also be in your best interest to attend the Traffic Offenders Intervention Program. The Traffic Offender Intervention Program is a Local Court based program targeting traffic law offenders. The goal of the program is to provide offenders with the information and skills necessary to develop positive attitudes towards driving and develop safer driving behaviours. We will advise you on whether it is in your best interests to attend the program.
It is always in your best interest to have an experienced criminal lawyer attend court to make submissions on your behalf.
As noted above once an appeal is made to the Local Court there is no further option of appeal available.