News · Criminal law explainer
Appealing a licence suspension in NSW.
Losing a licence can cost a person their job before any court has decided the underlying charge. Some suspensions in New South Wales can be appealed to the Local Court under the Road Transport Act 2013 (NSW). This note explains which suspensions can be appealed, the time limit, what the court looks at, and which suspensions cannot be appealed at all.
By Aaron Kernaghan · Published 3 September 2026
When can you appeal a suspension?
The main right of appeal is against an immediate licence suspension imposed by police, which can be given at the roadside or by notice for certain serious offences, such as higher-range drink driving or certain speeding offences, before the charge has been decided. A person served with an immediate suspension can appeal it to the Local Court.
The appeal is against the suspension, not the charge. It asks the court to lift or reduce the suspension while the person waits for the charge to be dealt with, so they are not off the road for months before any finding of guilt.
The 28-day time limit
An appeal against an immediate suspension must generally be lodged within 28 days of receiving the suspension notice. The period is short, so a person who needs their licence should act quickly once they are served.
Lodging the appeal does not automatically restore the licence. The court hears the appeal and decides whether to allow it, having regard to the circumstances.
What does the court consider?
On an appeal against an immediate suspension, the court weighs matters such as the person's need for a licence, their driving record, the circumstances of the alleged offence, and the risk to the public. The court can confirm the suspension, or lift it, so the person can drive pending the hearing of the charge.
The appeal is not the trial of the charge. The court is not deciding guilt. It is deciding whether the suspension should continue in the meantime, balancing the person's interests against road safety.
Which suspensions cannot be appealed?
Not every suspension carries a right of appeal. Suspensions that follow automatically from a conviction, and suspensions or disqualifications imposed by a court as part of a sentence, are dealt with through the sentencing and appeal process, not by a separate suspension appeal. Demerit point suspensions are also treated differently, with only limited scope to challenge them.
Knowing which kind of suspension a person is facing is the first step, because it decides whether an appeal is even available and, if so, where it goes. A licence issue can also arise on a charge of driving while disqualified, which is a separate offence.
Why act quickly
Because the time limits are short and the consequences of losing a licence are immediate, advice early matters. Where an appeal is available, it should be lodged promptly and prepared with the material that shows the person's need to drive and their driving history.
Where the suspension flows from a charge such as a drink-driving offence, the licence question and the charge are dealt with together in the end. Our note on drink driving and PCA offences explains how those charges run.
Frequently asked.
Can I appeal a licence suspension in NSW?
Some suspensions, yes. The main right of appeal is against an immediate police suspension imposed for certain serious offences before the charge is decided. It is appealed to the Local Court under the Road Transport Act 2013 (NSW).
How long do I have to appeal?
Generally 28 days from receiving the suspension notice. The period is short, so a person who needs their licence should act quickly.
What does the court look at?
On an appeal against an immediate suspension, the court weighs the person's need for a licence, their driving record, the circumstances of the alleged offence, and the risk to the public. It does not decide guilt.
Which suspensions cannot be appealed?
Suspensions that follow automatically from a conviction, and disqualifications imposed by a court at sentence, are dealt with through the sentencing and appeal process. Demerit point suspensions have only limited scope to be challenged.
Does appealing restore my licence straight away?
No. Lodging an appeal does not automatically restore the licence. The court hears the appeal and decides whether to lift the suspension pending the charge.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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