We are here to help you with appealing an RMS licence suspension. Our experienced traffic lawyers work with you to ensure you receive the best possible outcome for your case. For example, read about our Past Cases, where our clients have had their suspension period removed:
If you’ve received a Notice of Suspension from the Roads and Maritime Services (RMS), you have 28 days to lodge the appeal. We’ve answered some more frequently asked questions below.
Why has the RMS suspended my licence?
The most common reasons why the RMS suspend a licence include:
- If you exceed your demerit points as a provisional licence holder
- Exceeding the speed limit by more than 30km/h
- Exceeding the speed limit by more than 45km/h
- For medical reasons
Can I appeal the decision of the RMS to suspend my licence?
Yes.
When you appeal, the court can make four decisions:
- Allow the appeal, and lift your suspension
- Vary or reduce your suspension
- Dismiss the appeal, and confirm the 3 months suspension
- Or make any other order that the court sees fit
What can I do to get my licence back?
A well prepared case will assist you with obtaining your licence back. The court will consider your traffic history. However, completing the Traffic Offenders Program can increase your chances, even if you do not have a clear traffic record.
In addition, the court will look at your need for a licence, and your character.
However, it is important that you recognise that if you receive an immediate licence suspension from police, a difference test applies. You must instead establish that there are exceptional circumstances that require the suspension to be lifted.
Is there a time limit to appealing an RMS licence suspension?
Yes. The appeal must be lodged within 28 days of the letter from the RMS being posted.
However, courts generally assume that you received the letter 4 working days from when it was posted.
We can help
Contact us today on 0421 700 497 for a free initial consultation.
