Licence Appeals - FAQs

    Licence Appeals - FAQs, All you Need to Know

    Licence Suspension: Can I appeal? 
    The following decisions of the RMS and Police can be appealed in the Local Court:
    • A decision by the RMS or police to suspend your licence for exceeding the speed limit by more than 30 or more than 45 kilometres an hour;
    • A decision by the RMS to suspend a P1 or P2 provisional driver's licence for loss of demerit points; ie you have received a letter to that effect, note the time restriction;
    • A decision by the police to suspend your licence (on the spot) for exceeding the speed limit by more than 45 kilometres an hour
    Which decisions cant be Appealed? 
    The following decisions cant be appealed:
    • A decision by the RMS to suspend an unrestricted drivers licence for loss of demerit points; 
    • A decision by the RMS to suspend your interlock drivers licence;
    • Where a driver on a good behavior bond licence breaches the good behavior bond.This was pursuant to a prior arrangement where you have elected to be on a good behaviour bond, however if you obtain a section 10 for that offence, you can avoid losing your licence (refer to obtaining a s.10 below);
    It is important to keep the letter you receive from the RMS in respect of their decision to cancel/suspend your licence and email it to us so that we are able to advise you as to your rights - feel free to send us an email and we can contact you regarding this. We are very experienced in dealing with traffic matters. We know how important your licence is to your livelihood and we will do everything to assist you in either avoiding or reducing your suspension period. 

    You only have 28 days after receiving the letter from the RMS notifying you of the pending suspension and the period. According to law, it is assumed you have received this letter 4 business days after it is posted (postal rule). Getting the timing right is critical because if you do not lodge your appeal within the allocated time, the Local Court has no jurisdiction to hear your appeal and any such appeal out of time cannot be heard. 

    Obtaining a Section 10 - Effect and Importance: 
    If you are successful in obtaining a Section 10, ie where the court deals with your infringement without recording a conviction, the RMS is not to impose demerit points for that offence. 

    Licence Appeals - What needs to be proven to the Court: 
    When your appeal is heard before the Local Court Magistrate, it is important to have valuable subjective material in respect of your circumstances as there are no clear cut aspects that the Court will look at, however generally, the Court will take into account the following factors: 
    1. The circumstances of the offence;
    2. Your traffic record/character;
    3. Your need for a licence
    4. Other subjective factors important to your need to maintain a licence. 
    Once you lodge the appeal, you may continue to drive until the appeal is heard.

    Immediate Licence Suspension bya Police Officer:
    A police officer has the power to issue you with an immediate suspension of your drviers licence in the following circumstances: 
    1. You have exceeded the speed limit above 45km/hr (full licence holders);
    2. You have exceeded the speed limit above 30km/hr (provisional licence holders). 
    If you are appealing such suspension, you must demonstrate to the Court "exceptional circumstances" in lifting or reducing your suspension. When determining the exceptional circumstanes, the Court takes into account: 
    • The strength of the prosecution evidence
    • Your need for a licence
    • The potential danger to the community if an order is made
    • Any other matter the Local Court considers to be relevant.
    Note: You only have 28 days to appeal such a suspension. 

    Successful Appeals - What happens
    If the Court allows your appeal, the following can occur: 
    • Allow your appeal without any suspension period incurred (this means that you keep your licence)
    • Dimiss your appeal (this means that you will be suspended for the time set by the RMS)
    • Reduce the suspension period (as the Court sees fit) 
    Hence, getting the right representation and peparing your case accordingly is important if you are to be successful in such appeals. We are here to assist you all the way, please feel free to contact us anytime. 

    How we can assist
    Do you have a licence appeal before the Courts, or have you received a letter from the RMS advising of your licence suspension? Speak to us today for legal representation. As our name states, when you engage FutureLegal, Your future is safe with us. 

    Feel free to contact us for more information or simply fill out the form below and we will contact you to assist in your enquiry. 

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