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If you have had your licence suspended or cancelled by Transport for NSW (TfNSW)(formerly known as Roads and Maritime Services or RMS), you can appeal to the Local Court of NSW.
The Local Court may do the following:
You must file your appeal within 28 days from the date of the TfNSW Notice of Suspension or Cancellation. If you do not file your appeal within 28 days, even if the court accepts your application, the magistrate will not be able to hear your case.
You will need the following form:
The TfNSW was previously known as Roads and Maritime Services (RMS) and the Roads and Traffic Authority (RTA). The RMS application form should be used if you are appealing a TfNSW suspension.
You can get copies of this form from:
You can also complete and file these forms online using the NSW Supreme, District and Local Courts Online Registry.
Instructions: Instructions for filling out application notice- RMS Licence Appeal- medical grounds
Sample: Sample application notice- RMS Licence Appeal- medical grounds
You can file your application at any local court registry. There is an $98.00 fee (as at 1 July 2020) that you have to pay when you file an appeal form.
You will need to provide
evidence to support your licence suspension or cancellation appeal.
If you want to show that you meet the medical standards or that you are fit to drive, you will need to provide the court with medical evidence. If you need help deciding what evidence you can use, you should get legal advice.
When you go to court, you should take the original and three copies of any documents you intend to show the court. The original will be kept by the court. You will need to give one copy to the prosecutor, keep one for your records and have a spare.
Before making your appeal to the Local Court of NSW, you should get legal advice. If you are unsuccessful in your appeal to the Local Court, you may not have any further avenues of appeal.
Even if you have lodged an appeal to the Local Court of NSW, you should not be driving whilst your licence has been suspended or cancelled. Serious penalties may apply.
When you file your licence suspension appeal form at the local court, the date that your appeal will be heard will be written on the form and a copy given to you. The date that your appeal will be heard may be several weeks or months away.
If you do not attend court on this date the court may dismiss your appeal or hear it without you being there.
It is possible that you could be at the court for a few hours, and sometimes for most of the day, so you should make arrangements with your work or childcare if necessary.
Get to the court half an hour earlier to find out which courtroom your case will be heard in. If you think you are going to be late, you should ring the court registry and let them know. If you are not there the court can decide your case without you.
There are often many cases listed on the same day and you have to wait until your name is called. You can take a seat in the courtroom or if the courtroom is full you can wait outside. Make sure you are close enough to the courtroom to hear the court officer call your name. If you leave, or are not there when you are called, your case can be decided without you.
The magistrate or registrar may close (adjourn) the courtroom for morning tea (usually around 11:30am) and for lunch (usually from 1:00pm to 2:00pm). You will have to leave the courtroom during these breaks. You can check what time the courtroom will reopen with the court officer or the registry.
Remember to turn off your mobile phone before
going into the courtroom.
When your name is called, go and stand at the bar table (where the lawyers sit). The magistrate may ask you if you have anything to show them to support your appeal. If you have brought references and other documents, you should give these to the court officer to give to the magistrate. The prosecutor may look at them first.
The magistrate will then ask you to explain your case. This is also called making submissions. You should make your submissions, based on the reason why your licence was suspended or cancelled. You could start by explaining to the magistrate:
Some magistrates may want you to give evidence and you will be asked to go into the witness box. You will have to take an oath or affirmation (promise to tell the truth). The magistrate will then ask you questions. The prosecutor or the person representing TfNSW may also ask you some questions. After the magistrate has heard from you and from the prosecutor they will make their decision.
The magistrate may cancel a suspension completely or reduce the amount of time that your licence is suspended. In some cases, it is also possible for the magistrate to increase the period of suspension (however, this is rare). You cannot appeal the decision of the magistrate. If the magistrate decides not to allow your appeal to keep your licence, there is nothing else you can do and your licence will remain suspended or cancelled.
If your appeal is unsuccessful, TfNSW may ask the magistrate for an order that you pay their legal costs for attending court, although this is very rare.
For more information, see Paying costs in the 'After court' section of this topic.