On the spot - Licence suspensions
When will your licence be suspended on the spot?
Police can suspend and confiscate your driver's licence on the spot for any of the following offences:
- negligent driving that causes death or grievous bodily harm
- speeding by more than 30 km/hr over the speed limit if you have a learner or provisional driver's licence
- speeding by more than 45 km/hr over the speed limit
- mid or high range drink driving
- street racing
- burnout offences
- driving without a supervising driver if you are a learner driver
- from 20 May 2019, for low
range PCA (first offence) novice PCA (first offence) and special range PCA
(first offence).
When can you drive again?
You will not be able to drive until:
- the end of any automatic suspension period for the offence,
- the end of any disqualification period ordered by the court,
- you go to court and defend the offence and are found not guilty, or
- you go to court are found guilty but the court records no conviction under section 10 of the Crimes (Sentencing Procedure) Act.
Appealing the suspension
If your driver's licence has been suspended on the spot, it is possible to appeal to the Local Court against the immediate suspension.
You must file your appeal within 28 days of the date you were suspended by police. 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.
There are serious penalties for driving while you are suspended, including licence disqualification, large fines and imprisonment. If your driver's licence has been suspended and you are caught driving, you should get
legal advice.
Step by step guide:
Appealing the suspension - Step by step guide.