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Appeals Against Immediate Driver Licence Suspensions by Police

Appeals Against Immediate Driver Licence Suspensions by Police 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.

Under section 268 of the Act, the Local Court has the power to:

  1. Set aside the suspension
  2. Vary the suspension
  3. Confirm the suspension, or
  4. Make any other order ‘as seems just to the Court in the circumstances’.

The court can only set aside or reduce your suspension if you can establish ‘exceptional circumstances’ which justify doing so.

In making that decision, the court can take into account:

  1. The type of alleged offence that led to your suspension
  2. Your driving record, and
  3. Your need for a licence.

It cannot consider the circumstances of the alleged offence itself.

You can increase your prospects of having your suspension set aside or reduced by:

  1. Obtaining character references which explain your need for a licence,
  2. Preparing a letter of apology which explains your need for a licence, and
  3. Obtaining any other materials which explain your need for a licence such as a letter from a doctor or your employment contract.

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