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If my license is suspended, can I appeal?

The following decisions of the RTA and police CAN be appealed in the Local Court:

  • A decision by the RTA to suspend your licence for exceeding the speed limit by more than 30 or more than 45 kilometres an hour
  • A decision by the RTA to suspend a P1 or P2 provisional driver's licence for loss of demerit points
  • 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 can't be appealed?

The following decisions can't be appealed:

  • A decision by the RTA to suspend an unrestricted drivers licence for loss of demerit points. However changes to the law and the accumulation of demerit points provide some hope.
  • A decision by the RTA to suspend your interlock drivers licence
  • Where a driver on a good behaviour bond licence breaches the good behaviour bond.

However changes to the law and the accumulation of demerit points provide some hope.

Obtaining a section 10 for a traffic offence (speeding, disobey traffic lights, use hand held phone, negligent driving etc) will mean no loss of demerit points.

Legislation that is yet to come in force makes it clear that the RTA are not to impose demerit points where a court orders that a person not be convicted of a traffic offence under section 10 of the Crimes (Sentencing Procedure) Act. This means that you can elect to take a traffic infringement notice to court and ask the court not to convict you. If you are successful in persuading the court to order a section 10 you will not accumulate demerit points for the traffic offence and therefore your licence will not be suspended.

Previously the RTA would impose demerit points even though the court dealt with a matter under section 10. We believe the changes to the law will come into effect in February 2011. If you currently have a traffic matter and you are concerned about the loss of demerit points please call us on 9687 9322 to discuss your options.