In some situations, a licence disqualification or suspension can be appealed to the Magistrates Court. 

The most common appeal relates to Provisional (Ps) or Probationary licence holders. We describe this type of appeal below. There are some other disqualifications that can be appealed to the Magistrates Court – you should always seek specific legal advice for your circumstances to determine whether your disqualification is eligible for an appeal. 

In order to appeal against this sort of disqualification, the disqualification must have arisen from the accumulation of demerit points whilst the holder of a Provisional or Probationary licence. 

People can also be excluded from being able to appeal against this type of disqualification, if:

1. They were eligible to enter into a Safer Driver Agreement in lieu of suffering the disqualification; 
2. They have contravened a licence condition whilst subject to a Safer Driver Agreement; or
3. They have appealed against a licence disqualification in the proceeding five (5) years. 

When considering an appeal against a Provisional or Probationary licence disqualification, the Court must consider a number of factors including:

1. Whether serving the disqualification would result in severe and unusual hardship to the appellant or dependants;
2. Whether the appellant’s driving history demonstrates that the appellant is a substantial risk to members of the public;
3. Whether the appellant has other forms of transport available to them if the appeal is refused, and whether those other forms of transport adequately meet the needs of the appellant.

The Court is provided with a copy of the appellant’s drivers licence history which records all previous expiation notices (fines), the offence(s), date(s) and demerit points applicable. 

Appeals of this nature require the appellant to give evidence on oath. This means swearing on the bible or making a non-religious promise to tell the truth. 

Our solicitors at Craig Caldicott Lawyers are experienced with these types of appeals. 

Written by Solicitor Nathan Ramos