Reasons for suspension
Driver licences can be suspended for a variety of reasons, including:
- exceeding the demerit points limit
- not paying an outstanding fine or a court-imposed fine
- medical reasons
- committing a traffic offence, such as:
- speeding
- driving under the influence (DUI)
- street racing and other hoon offences
- driving without supervision (learner licence holders)
- causing an accident that results in death or grievous bodily harm.
Licences for other vehicle types
If your licence is suspended, the suspension applies to all categories of vehicle on your licence, including but not limited to:
- car
- rider
- heavy vehicles.
Reapplying for your licence
At the end of a suspension period you do not need to reapply for your licence if the licence has not expired during the suspension period.
Disqualification of your licence is different to suspension. Disqualification is imposed by the court and at the end of the disqualification period you do need to reapply for a driver licence.
Combined licence
If either your driver licence or boat licence is suspended and you have a combined licence you will need to visit a service centre to:
- opt out of the combined licence
- get a replacement of the licence not affected by the suspension.
You will not be charged a fee for the replacement licence.
Notice of suspension from Transport for NSW
You can receive a suspension notice from Transport for NSW as a result of:
- camera-detected offences
- exceeding your demerit points limit
- not completing a deferred eyesight test within 8 weeks from when you renewed your driver licence online.
The notice will tell you when the suspension starts and on what day you can begin driving again.
Appealing a Transport for NSW suspension
If you appeal the suspension it will be paused and you can continue driving until your court date. You must file your appeal at least one day before your suspension is due to begin.
You can appeal the suspension online, or lodge your application notice at any local court registry.
Note: If you are on a full licence and get 13 demerit points or more, you cannot appeal the suspension. You may be able to apply for a good behaviour period.
Notice of suspension from police
A police officer can choose to suspend your licence:
- on the spot – if this happens the suspension begins immediately, and you will not be able to drive away. Someone else will need to pick up your vehicle.
- within 48 hours of your being charged or receiving a penalty notice.
Depending on the offence:
- the suspension may be an automatic suspension period of 3 months or 6 months, or
- if you are charged with an offence the suspension will remain in place until your case is heard by a court. The court will take into account the time you have already spent on suspension when it makes its judgement.
Appealing a suspension by a police officer
If you choose to appeal:
- you must file your appeal within 28 days of the date you were suspended
- you remain suspended and must not drive until the court date.
Before appealing a police suspension, you should always get legal advice.
The court cannot lift the suspension or vary the length of the suspension unless there are exceptional circumstances to justify doing so.
It can be very difficult to show exceptional circumstances.
You can appeal the suspension online, or lodge your application notice at any local court registry.
Help with the legal process
These Legal Aid NSW guides explain:
- how to appeal your licence suspension
- what to do if you have lost your licence because of an illness or injury
- how to appeal your licence suspension or cancellation for medical reasons
- what to do if the police have given you an on-the-spot suspension
- when you could lose your licence and when you may be able to appeal
- how to complete forms for driving offences.
Good behaviour period
If you have an unrestricted licence and receive a suspension notice, you may be eligible to apply for a behaviour period. You need to apply before your suspension starts and meet the conditions of the good behaviour period for 12 months.
- If you need to take a Driver Knowledge Test, the good behaviour period will start after you have passed. If you do not pass before your suspension starts, all your licences will be suspended until you have passed.
- If you get 2 or more demerit points during the 12 months, all your licences will be suspended for double the original suspension period.
- After the 12 months, the demerit points on your suspension notice will be cleared from your licence, unless you:
- get 1 demerit point during the 12 months
- have other points not listed in your suspension notice.
If these points take you over 13 demerit points, you may receive a new suspension notice.
When you can drive again
The notice of suspension you receive will tell you when you can legally drive again.
If you have lost the notice of suspension or need to confirm when you can legally drive again you can:
- buy a driving record online
- call 13 77 88 or
- visit a Service NSW Centre.
The end date for the suspension may change if any of the following apply:
- you successfully appeal the suspension
- you defend the offence in court and are found not guilty
- you go to court and are found guilty, but no conviction is recorded
- you applied for the good behaviour period but have not passed a Driver Knowledge Test (if applicable).
If you drive while you're suspended there are severe penalties including:
- licence disqualification
- large fines
- imprisonment.
What to do with your vehicle
You cannot legally drive while suspended. Depending on the period of suspension, you may be interested in the following: