Licence Appeals

Licence Appeal Lawyer Sydney: Appealing a Licence Suspension, Cancellation or Refusal in NSW

If Transport for NSW or the police have suspended, cancelled or refused your driver licence, you can often appeal to the Local Court, but you must lodge the appeal within 28 days of being notified of the decision. Not every decision can be appealed: a learner or provisional demerit point suspension and a police immediate suspension can be, but a demerit point suspension of an unrestricted licence and a suspension for unpaid fines cannot.

Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 7 October 2026

As an experienced licence appeal lawyer in Sydney, Invictus Legal prepares and runs licence appeals in Local Courts across Sydney and NSW, including the Downing Centre, Parramatta, Burwood, Newtown and Bankstown Local Courts.

Which licence decisions can I appeal in NSW?

You can appeal an “appealable decision” as defined in section 266 of the Road Transport Act 2013 (NSW). The main ones for drivers are:

• a police immediate licence suspension notice (for example, after an alleged high-range speeding or drink driving offence);

• a Transport for NSW notice suspending or cancelling a learner or provisional licence, or making you ineligible for a licence, for reaching the demerit point limit (sections 40 and 41);

• a Transport for NSW decision to refuse your licence application (with a limited good behaviour exception);

• a Transport for NSW suspension under section 59 after you pay a fine for speeding more than 30 km/h over, and other prescribed decisions such as some provisional licence suspensions.

A licence suspension or cancellation for unpaid fines is enforcement action under section 66 of the Fines Act 1996 (NSW), not one of the decisions listed in section 266, and section 143 of the Road Transport (General) Regulation 2021 (NSW) excludes some other decisions. If your Transport for NSW letter says you have a right to appeal to the Local Court, the decision is appealable.

Can I appeal a demerit point suspension?

Only if you hold a learner or provisional (P1 or P2) licence. The appeal right in section 266(1)(d) covers demerit point action against learner and provisional drivers, not the suspension of an unrestricted licence under section 33. Unrestricted licence holders instead have the option of electing a 12-month good behaviour period before the suspension starts. See our guide to demerit points and the good behaviour licence.

How long do I have to lodge a licence appeal?

You have 28 days from the date you are notified of the decision. Section 267 of the Road Transport Act 2013 (NSW) requires the appeal to be lodged no later than 28 days after the decision-maker notifies you. You can file online through the NSW Online Registry or at a court registry; have your notice and licence number ready. You can also ask Transport for NSW for written reasons for a licensing decision before you appeal or while the 28 days are running; it must respond within 14 days (Road Transport (General) Regulation 2021 (NSW) s 146).

Can I keep driving while my appeal is pending?

It depends on who suspended you. If you appeal a Transport for NSW suspension (other than on medical grounds), such as a P-plate demerit suspension, it generally only takes effect if the court confirms it (Road Transport (General) Regulation 2021 (NSW) s 147). A police immediate suspension stays in force unless the court orders a stay in exceptional circumstances (s 148). Check your licence status before you drive. Driving while your licence is suspended is a separate criminal offence with automatic disqualification on conviction, explained on our driving while suspended page.

Can I appeal a police immediate licence suspension?

Yes, but the test is strict. Under section 224 of the Road Transport Act 2013 (NSW), police can issue an immediate suspension notice for certain serious offences, including some drink driving offences, excessive speeding, unaccompanied learner driving and offences involving death or grievous bodily harm. On appeal, section 268(5) prevents the Local Court from varying or setting aside the suspension unless it is satisfied that exceptional circumstances justify doing so, and the court generally cannot consider the circumstances of the alleged offence. Section 268(6) also requires the appeal to be lodged before the charge that caused the suspension has been heard and determined or withdrawn, so you must act quickly.

What does the court consider on a licence appeal?

The magistrate can change the decision, but cannot re-run the offence. Under section 268 of the Road Transport Act 2013 (NSW), the Local Court may set aside the decision, vary it, dismiss the appeal or make another order that seems just, but it can only exercise powers the original decision-maker had. Where the decision was based on an offence, the appeal cannot examine your guilt or innocence or the penalty for that offence. That means the real contest is about you: your driving history, why you need your licence, the hardship a suspension would cause, and what you have done since.

What evidence should I bring to my licence appeal?

Strong evidence wins licence appeals. We help clients gather:

• a letter from your employer confirming that driving is essential to your job, and the consequences if you cannot drive;

• character references addressed to the magistrate that acknowledge the offence;

• evidence of family, carer, medical or study commitments that depend on your licence;

• your driving record, and proof of any driver education or traffic offender program you have completed;

• an affidavit or statement explaining your circumstances, prepared with your lawyer.

Bring the suspension letter or notice and every court-sealed document you received when you lodged. If you do not attend on the hearing date, your appeal may be dismissed.

Why use a specialist licence appeal lawyer in Sydney?

A licence appeal is often a single short hearing, and the outcome turns on preparation. Our team specialises in traffic and criminal law and regularly appears in Local Courts across Sydney and NSW. We confirm the decision is appealable, lodge in time and build your evidence. If your licence was disqualified by a court as part of a sentence, that is not an appealable decision under section 266; we can advise on a criminal appeal instead. For an overview of all our services, visit our traffic law hub.

What does it cost?

Fees for traffic matters are determined by the scope of work involved, and we issue a costs agreement before we commence any work, so you have full transparency from the start. Cost mainly depends on whether the appeal is against a Transport for NSW or police decision, how much evidence needs to be prepared, and whether the matter is contested by police.

Frequently asked questions

How long do I have to appeal a licence suspension in NSW?

You must lodge your appeal with the Local Court no later than 28 days after you are notified of the decision, under section 267 of the Road Transport Act 2013 (NSW). For a police immediate suspension, the appeal must also be lodged before the charge that caused the suspension has been heard and determined or withdrawn.

Can I appeal a demerit point suspension on a full licence?

No. The Local Court appeal right for demerit point action covers learner and provisional licence holders, not the suspension of an unrestricted licence. Unrestricted licence holders can instead elect a 12-month good behaviour period before the suspension starts, as long as their suspension notice offers that option.

Can I drive while my licence appeal is waiting to be heard?

If you appeal a Transport for NSW suspension (other than on medical grounds), the decision generally only takes effect if the Local Court confirms it, under section 147 of the Road Transport (General) Regulation 2021 (NSW). A police immediate suspension stays in force unless the court orders a stay, and it can only do so in exceptional circumstances (section 148). Check your licence status with Transport for NSW before driving, because driving while suspended is a criminal offence.

What does exceptional circumstances mean in a police suspension appeal?

Under section 268(5) of the Road Transport Act 2013 (NSW), the Local Court cannot vary or set aside a police immediate suspension unless it is satisfied that exceptional circumstances justify doing so, and it generally cannot consider the circumstances of the alleged offence. Whether your circumstances meet that test depends on the evidence, so get advice early.

Can I appeal a licence suspension for unpaid fines?

No. A licence suspension for unpaid fines is enforcement action under section 66 of the Fines Act 1996 (NSW), and it is not one of the appealable decisions listed in section 266 of the Road Transport Act 2013 (NSW). It is dealt with through Revenue NSW and the fine enforcement process rather than a Local Court licence appeal, so speak to us about your options.

What should I do now?

Check the date on your notice and count 28 days, and do not drive if you are unsure whether your suspension is in force. Call our office on 02 8553 0500, or our emergency line on 0410 600 230 if your licence was suspended on the spot or you have court tomorrow. You can also book online.

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