Appeals Against Driver Licence Suspensions by the RMS can be made under section 267 of the Road Transport Act 2013 by filing an appeal to a Local Court within 28 days of receiving the Notice of Suspension.
RMS decisions that can be appealed include:
- Suspensions due to speeding by more than 30kmh
- Suspensions due to speeding by more than 45kmh, and
- Suspensions of provisional licences due to excessive demerit points.
RMS decisions that cannot be appealed include:
- Suspensions of full licence holders due to excessive demerit points
- Suspensions of good behaviour licence holders due to further demerit points, and
- Suspensions of interlock driver licences.
The local court has the power to:
- Set aside your suspension
- Vary your suspension period
- Dismiss your appeal, or
- Make any other order that ‘seems just to the court in the circumstances’.
Matters the court can take into account when deciding your appeal include:
- The circumstances of the offence itself
- Your driving record
- Your need for a licence
- Any evidence of your remorse, and
- Any steps you have taken to prevent reoffending.
Material which may assist you at court includes:
- Character references, especially references that explain your need for a driver licence
- A letter of apology in which you accept responsibility, express remorse and explain your need for a licence, and
- Other material which verifies your need for a licence, such as an employment contract or letter from a medical practitioner.