Licence Appeal or Court Election? Suspensions and Fines in NSW

In NSW you do not "appeal" a traffic fine. A penalty notice can be paid, reviewed by Revenue NSW, or taken to court by electing to have the matter dealt with by a court. A licence appeal is different: it challenges a decision about your licence, such as a suspension or cancellation, and must usually be filed in the Local Court within 28 days. Choosing the wrong path, or missing a deadline, can cost you your licence.

Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 8 October 2026

What is the difference between a licence appeal and a court election?

A court election deals with the offence on a penalty notice. A licence appeal deals with a decision about your licence. Electing to go to court means the offence is decided by a magistrate as if no penalty notice had been issued (Fines Act 1996 (NSW) s 37). A licence appeal asks the Local Court to set aside or vary a suspension, cancellation or other appealable decision, but it does not allow the court to review whether you were guilty of an offence the decision was based on, or the penalty for it (Road Transport Act 2013 (NSW) s 268(4)).

How do I court elect a traffic fine in NSW?

You have a right to elect to have the matter dealt with by a court instead of paying the penalty notice (Fines Act 1996 (NSW) s 23A(1)). Once a penalty reminder notice has been issued, you must elect no later than the due date on the reminder notice (s 36(2)). You can elect even if you have paid some or all of the fine, but if you paid it in full, you must elect no later than 90 days after the penalty notice was issued (s 23A(2)–(2A)).

You can also ask Revenue NSW to review the fine. If you applied for the review on or before the due date on the reminder notice, you can elect to go to court at any time while the review is in progress (s 36(2A)). See our guide to court electing a traffic fine.

Going to court carries risk as well as opportunity. The court can impose a higher fine than the penalty notice, costs may be payable, and some offences carry a conviction and licence disqualification. On the other hand, the court may dismiss the charge without recording a conviction under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), or you may defend the charge.

Which licence decisions can be appealed?

Only "appealable decisions" listed in section 266 of the Road Transport Act 2013 (NSW). The common ones are:

• a police immediate licence suspension notice (for example, for some drink driving or high-range speeding offences);

• a Transport for NSW suspension or cancellation of a learner or provisional licence for reaching the demerit point limit (ss 40, 41);

• a Transport for NSW suspension or cancellation after you pay a fine for certain speeding or alcohol or drug related offences (s 59); and

• a refusal of a licence application, except a refusal because you did not complete a good behaviour period.

A demerit point suspension of an unrestricted (full) licence under section 33 cannot be appealed, although you can usually choose a 12-month good behaviour period instead (s 36). A licence suspension for unpaid fines is enforcement action under the Fines Act and is not a licence appeal matter. Read more about demerit points and the good behaviour licence.

How long do I have to lodge a licence appeal?

You must file your notice of appeal with the Local Court no later than 28 days after you are notified of the decision, unless the regulations prescribe another period (Road Transport Act 2013 (NSW) s 267(2)). For a police immediate suspension, the appeal must be lodged before the related charge is heard and determined or withdrawn (s 268(6)).

Does my licence stay suspended while I appeal?

It depends on who made the decision. For most Transport for NSW suspensions (other than those based on medical unfitness or incompetence), lodging an appeal stays the decision, which only takes effect if the court confirms it (Road Transport (General) Regulation 2021 (NSW) s 147). A police immediate suspension continues unless the court orders a stay (s 148), and the court can only set aside or vary an immediate suspension if there are exceptional circumstances (Road Transport Act 2013 (NSW) s 268(5)). See our licence appeals guide.

Which one do I need?

• You received a fine or penalty reminder notice: consider a review or a court election, and act before the due date.

• You received a suspension or cancellation notice: consider a licence appeal, and file within 28 days.

• You are on a provisional licence, or the fine is for a high-range speeding offence: get advice before you pay. Paying can lead to a Transport for NSW suspension, while electing court opens the possibility of a section 10 but also exposes you to a conviction and disqualification. See our speeding offences page.

How much does a licence appeal or court election cost?

Our fixed fee for a licence appeal in Local Courts in Sydney City and the metropolitan area starts from $2,200 incl. GST plus the Local Court filing fee. Guilty pleas in the Local Court start from $2,200 incl. GST in Sydney, and defended Local Court hearings in less serious cases from $5,500 incl. GST. Our fixed fees apply to criminal and traffic law matters only. They are solicitor fees only and do not include Counsel (barrister) fees or any other disbursements, and we issue a costs agreement before we commence any work. Visit our traffic law hub for more.

Speak to a Sydney traffic lawyer about your licence

Call our office on 02 8553 0500, or our 24/7 urgent line on 0410 600 230 if your licence has just been suspended or you have court tomorrow. You can also book a consultation online.

This article is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.