Points that added up quietly

Demerit suspension

A demerit suspension is not a court penalty. Transport for NSW sends it once the points recorded against your licence reach the limit the law sets. The notice tells you when the suspension starts, how long it runs and whether you may appeal.

General information, not legal advice. This page sets out how the law generally applies. It does not take account of your circumstances, and you should get advice about your own situation before acting on it. The official sources this page is written from are listed on it; where they differ from anything here, they are the authority.

Who this page is for

A letter arrived and you are not sure what it is

If you hold a full, unrestricted licence and reach 13 or more demerit points, you cannot appeal the suspension. Service NSW states that plainly. What is open to you instead is a good behaviour period, which is an application to Transport for NSW, not a court appeal. Appeal rights for demerit suspensions belong to provisional and learner licence holders and to some other decisions — read your notice, because it says which you have.

The letter from Transport for NSW says the licence will be suspended, gives a date, and may or may not say something about appealing. Nothing about it is negotiable by telephone, and the date on it does not move while you think about it.

The first useful step is to work out which document you actually have. A demerit suspension notice comes from Transport for NSW and follows from points, not from a single court appearance. It is a different thing from an immediate suspension handed to you by police at the roadside, and a different thing again from a disqualification imposed by a magistrate when you were sentenced. Each has its own pathway and its own period. Our guide to reading a suspension notice works through the five things to look for.

If your licence is provisional or a learner licence, the thresholds and the consequences are not the same as for a full licence, and the good behaviour option is generally not open to you. That is covered on P and L plate drivers.

The second useful step is to set out what the suspension would actually do to you, and to document it. The appeal asks the court to review a decision Transport for NSW has already made, so the material is what it is decided on. Preparing it takes time you may not have much of.

How we help

What the work actually is

Telling you which notice you have, today

Send a short summary of what happened and the date on your notice. We will tell you what applies and what the next step is, and explain how to provide documents securely once those first checks are done.

Good behaviour period, or appeal

Where both are open, we set out what each one costs you if it goes wrong. A good behaviour period keeps you driving now but carries a lower tolerance for the period it runs, and a breach of it leads to a longer suspension than the one you avoided.

Saying when an appeal should not be run

Some appeals have very little prospect, and running one costs money and buys nothing. We would rather tell you that at the start than after a filing fee and a day in court.

Preparing the material a magistrate can act on

Your full driving record, the circumstances of the offences that carried the points, and the consequences documented. Legal Aid NSW lists character references, letters from your employer, medical evidence and information about public transport among the material to prepare.

Filing correctly and within the period

The Local Court publishes the form for an appeal against a decision of Transport for NSW, and it can be filed online or at a registry. An appeal has to be lodged within the period stated on your notice.

Appearing, and asking for the right thing

On a demerit point suspension appeal the court can dismiss the appeal, allow it, or substitute a shorter period. Get advice about which of those to seek in your circumstances.

Questions

Questions people ask first

How long do I have to appeal?

Two different periods, and which applies depends on who suspended you. For a Transport for NSW decision, Legal Aid NSW says the appeal should be filed before the suspension or cancellation starts. For a police suspension, the appeal period is 28 days from the date you were suspended. Both sources are listed at the foot of this page. If the date is close, say so first.

Can I keep driving while the appeal is on foot?

It depends on the decision being appealed. Legal Aid NSW states that a Transport for NSW suspension is paused while the appeal is pending, and that you should confirm the position with Transport for NSW before driving. A police immediate suspension continues unless the court grants a stay, which requires exceptional circumstances. Confirm the position before you drive: driving while suspended is a serious offence in its own right.

Should I take the good behaviour period instead?

It depends on what the suspension would cost you and on how much risk you can carry. A good behaviour period lets you keep driving now, but during it the tolerance for further points is much lower, and if you breach it the suspension that follows is longer than the one you avoided. Where the notice offers it, Service NSW explains the conditions, and the election has to be made before the suspension starts.

Can the court just reduce the suspension instead of cancelling it?

Yes. On a demerit point suspension appeal the Local Court may vary the decision by substituting a shorter period, as well as dismissing or allowing the appeal outright. Ask for advice about which to seek.

Does the magistrate reconsider whether I committed the offences?

No. An appeal against a demerit suspension is not a re-hearing of the individual offences. Those points were recorded when each penalty notice was paid or each matter was decided. The appeal is about the suspension decision that followed from them.

What if I never received the notice?

Tell us, and tell us what address Transport for NSW has for you. Not receiving a letter is not automatically an answer, but it can matter. It is much better dealt with straight away than after the suspension has started.

My appeal period has already passed. Is that the end of it?

Options are much narrower once the period has passed. It is still worth asking, because knowing exactly where you stand is better than guessing, and because there may be something to do about what happens next.

What to bring

The early questions are answered from the notice and your record rather than from memory.

The notice from Transport for NSW, both sides, and the date you received it.
Your driver licence, and what class and type of licence it is.
Your driving record, which you can obtain from Transport for NSW.
The penalty notices or court results behind the points, if you have them.
Anything showing what driving is for: an employer letter, a roster, a job description.
Anything showing who depends on your driving: care arrangements, school runs, medical appointments.
Where you live and what public transport is actually available to you.
Any earlier suspension, disqualification or good behaviour period, and how it ended.