Your driver licence can be suspended for exceeding your demerit points or for excessive speeding. What do you do if you are issued with a Notice of Suspension, but you need your licence for work, family or other reasons?

If you are on an unrestricted driver licence and you have incurred more than 13 demerit points:

• You can elect to go on a good behaviour licence. This means you get to keep your licence on the condition that you do not commit any traffic offences incurring 2 or more demerit points for a period of one year.
• If you do incur 2 demerit points, you will lose your licence for twice the period of the original suspension (e.g. you will be suspended for 6 months, if you were originally suspended for 3 months).
• If you have breached your good behaviour licence, you still have the option to have your infringement heard in court.

If you are an unrestricted licence holder suspended for exceeding the speed limit by more than 30 km per hour or a provisional licence holder suspended for any reason:

• You are not eligible for a good behaviour licence and you will receive a Notice of Suspension.
• If you need your licence for work, family or other personal reasons, you can appeal your suspension to the Local Court. 
• In a licence appeal, the Magistrate has the power to set aside your suspension altogether, reduce your suspension period, or dismiss the appeal.

If the police suspend your licence on the spot due to excessive speed:

• You can still appeal your suspension, however, the Court must be satisfied that there are “exceptional circumstances” to allow the appeal.
• You can also have your infringement heard in court.

If your licence has been suspended because you have been charged with a criminal offence such as drink driving, different rules apply. See our page on immediate licence suspensions for drink driving offences.

For more information about appealing your suspension, contact one of our criminal and traffic lawyers or make an online enquiry.

Photo by Sindre Strom