The hearing itself

Local Court appeals

A licence appeal is a hearing before a magistrate in the Local Court. It is decided on the material you put in front of the court.

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

You have decided to appeal, and want to know what that means

A licence appeal is not a trial. It is decided on the material before the court, so that material is what to prepare.

The appeal asks the court to review a decision that has already been made. On a demerit point suspension appeal it considers the circumstances of the offence, your record and the consequences a suspension would have. On an appeal against a police immediate suspension, section 268(5)(b) of the Road Transport Act 2013 (NSW) provides that the circumstances of the alleged offence are not considered. Our guide to what a magistrate actually considers goes through those factors.

The preparation is the whole job: the driving record obtained and read properly, the consequences documented rather than asserted, the concessions identified, and a clear statement of what is being asked for. Get advice about what to ask the court for in your circumstances.

If the period on your notice has already passed, say so anyway. There is still value in knowing precisely where you stand rather than guessing.

How we help

What the work actually is

Confirming there is a right of appeal

Not every licence decision carries one, and the ones that do are bounded by the period stated on the notice. This is answered from your documents.

Lodging within the period, correctly

The right form, the right registry, the right description of the decision appealed. An appeal has to be lodged within the period stated on your notice.

Obtaining and reading the driving record

A magistrate will have your record. So should we, before the day, so that nothing in it is a surprise and anything in it that needs explaining is explained on your terms.

Building the material

Employer letters, rosters, medical evidence, care arrangements, distances and transport options, and a statement from you where one helps. Legal Aid NSW also lists character references among the material to prepare.

Deciding what to ask the court for

Allowing the appeal, or substituting a shorter period. Choosing the right one, and being ready to move between them, is a judgement made from the material rather than from optimism.

Appearing on the day

Presenting the application, tendering the material, answering the magistrate and dealing with what the prosecution or Transport for NSW puts. We also tell you what the court decided and what it means for your licence.

Questions

Questions people ask first

How long does a licence appeal take?

Getting to the hearing takes time, because the material has to be gathered. Start as soon as the notice arrives rather than close to the end of the period.

Do I have to go to court myself?

You may be asked about your circumstances. Be ready to answer plainly, and get advice about whether you are expected to attend.

What can the court actually order?

On a demerit point suspension appeal it may dismiss the appeal and leave the decision as it is, allow the appeal, or vary the decision by substituting a shorter period of suspension. On an appeal against a police immediate suspension, section 268(2) and (5)(a) of the Road Transport Act 2013 (NSW) allow the court to lift or vary the suspension only where exceptional circumstances are established. Ask for advice about which applies to your notice.

Can I keep driving until the hearing?

Do not assume so. What lodging an appeal does depends on the decision 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 status for your own notice before you drive. Driving while suspended is a separate offence.

Is there a filing fee?

The Local Court sets fees for filing and revises them, so we do not print a figure here. The current fees are published by the court, and we tell you what applies to your application before anything is lodged.

Will the magistrate reconsider the fines behind the points?

No. An appeal against a licence decision is not a re-hearing of offences that have already been decided or penalty notices that were paid. On a demerit point suspension appeal the circumstances they arose in can be explained. On an appeal against a police immediate suspension, section 268(5)(b) of the Road Transport Act 2013 (NSW) provides that the circumstances of the alleged offence are not considered.

What happens if the appeal is dismissed?

The decision stands and the suspension runs as it was. You should be told that clearly before you decide to appeal, along with what it means for when you can drive again, so the decision to run it is an informed one.

What to bring

Bring what you have, even if it is not organised.

The notice being appealed, both sides, and the date you received it.
Your full driving record from Transport for NSW.
The penalty notices or court results behind the decision.
A letter from your employer about what the driving is for and what stops without it.
Rosters, timetables, job descriptions and anything showing the hours involved.
Medical evidence, where health or treatment is part of the picture.
Care responsibilities: who depends on you driving, and for what.
Distances, and what public transport actually runs where you live and work.
Any previous appeal, suspension or disqualification and how it was resolved.