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Appeals Against Driver Licence Suspensions by the RMS

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:

  1. Suspensions due to speeding by more than 30kmh
  2. Suspensions due to speeding by more than 45kmh, and
  3. Suspensions of provisional licences due to excessive demerit points.

RMS decisions that cannot be appealed include:

  1. Suspensions of full licence holders due to excessive demerit points
  2. Suspensions of good behaviour licence holders due to further demerit points, and
  3. Suspensions of interlock driver licences.

The local court has the power to:

  1. Set aside your suspension
  2. Vary your suspension period
  3. Dismiss your appeal, or
  4. 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:

  1. The circumstances of the offence itself
  2. Your driving record
  3. Your need for a licence
  4. Any evidence of your remorse, and
  5. Any steps you have taken to prevent reoffending.

Material which may assist you at court includes:

  1. Character references, especially references that explain your need for a driver licence
  2. A letter of apology in which you accept responsibility, express remorse and explain your need for a licence, and
  3. Other material which verifies your need for a licence, such as an employment contract or letter from a medical practitioner.

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