A suspension notice is a short document, and three things on it decide most of what follows: which body issued it, what kind of sanction it records, and the date it gives.
Read it before you file it
A Transport for NSW decision is a different document from a police suspension issued at the roadside, and they do not run on the same timetable. Our guide to reading a suspension notice shows where to find both on the page.
Note the date printed on it and the date you actually received it. Which of the two matters depends on the notice, so keep the envelope, the email or the record in your online account.
There is no single period
This is the part a website is most likely to get wrong for you, so it is worth being exact. What you can do, and by when, depends on which notice you are holding.
A police immediate suspension
Legal Aid NSW states that this is appealed to the Local Court within 28 days of the date you were suspended, and that the licence stays suspended until the court hears the application. Lodging the appeal does not lift the suspension by itself. Under clause 148(1), (3)(a) and (4) of the Road Transport (General) Regulation 2021 (NSW) the court may grant an interim stay of the suspension, but only where exceptional circumstances are shown. Under section 268(2) and (5)(a) of the Road Transport Act 2013 (NSW) the court may lift or vary the suspension only where exceptional circumstances are established, and section 268(5)(b) provides that the circumstances of the alleged offence are not considered on that appeal. Get advice about whether that applies to your circumstances.
A demerit point suspension
This one is the exception to almost everything else on this page. Service NSW states that a demerit point suspension on a full licence is not appealable at all; a full licence holder may instead be eligible for a good behaviour period, and that application must be made before the suspension begins.
Legal Aid NSW states that an appeal is available only to a learner or provisional licence holder, and that you have until the day before your suspension starts to appeal. That is not 28 days and it is not counted from the day the letter arrived. It is a fixed point that moves with your suspension date. We deal with this on demerit suspensions.
Other Transport for NSW decisions
The two sources this article relies on describe this differently. Service NSW states that an appeal against a Transport for NSW licence decision is made within 28 days of receiving the letter. Legal Aid NSW, under Time limits, states that a Transport for NSW suspension is appealed before the suspension or cancellation starts. Those can fall on different days, and neither page is written about your particular notice. Read the period stated on your own notice and get advice promptly rather than working from either figure here.
If driving is part of your work, say so early
The material that supports it takes time to gather, and it is easier to assemble at the start than at the end. Our guide on driving for work sets out what to prepare.
Then ask, rather than assume
The period that applies to you is the one on your own notice and in the legislation for that kind of decision. If the notice is unclear, or you cannot find the date, that is a reason to ask sooner. You can make an enquiry, and it helps to have the notice in front of you.
Official sources
- Legal Aid NSW — Appeal the suspension: how the appeal is made, and the material to prepare.
- Judicial Commission of NSW — Local Court Bench Book, Road Transport Legislation: clause 148 of the Road Transport (General) Regulation 2021 (NSW) and section 268 of the Road Transport Act 2013 (NSW), and the exceptional-circumstances threshold.
- Legal Aid NSW — Demerit point suspension: who may appeal, and the day-before-your-suspension-starts deadline.
- Legal Aid NSW — On the spot suspension: the 28 days from the date police suspended you, and the licence remaining suspended pending the hearing.
- Service NSW — Losing your driver licence (suspension): a demerit point suspension on a full licence is not appealable.
- Service NSW — Appeal a licence or registration decision online: the 28 days from receiving the letter, for decisions that carry a right of appeal.
These are the pages this article relies on. Read your own notice alongside them.