Section 51B of the Crimes Act 1900 (NSW) and licence suspensions often intersect, but a licence appeal is a separate process governed by strict statutory tests. Many applicants fail because they misunderstand what the Local Court can and cannot consider. A licence appeal is not about innocence, and it is not about punishment.
Instead, it is about whether the suspension should stand, based on defined legal criteria. Getting this wrong wastes your only real opportunity to get back on the road.
Law
Licence suspension appeals are governed by Part 7.8 of the Road Transport Act 2013 (NSW) (RTA Act). Section 267 of the RTA gives a person the right to appeal an appealable decision to the Local Court, usually within 28 days of notification. Section 268 of the RTA Act then limits how the Court may determine the appeal. As a result, the Court’s role is narrow and controlled by statute.
The Court may set aside, vary, or dismiss the appeal, but it cannot reopen guilt or innocence for the underlying offence. This distinction matters. A licence appeal is a review of an administrative decision, not a second chance to fight the charge.
Applicants who blur this line usually fail.
What the applicant is required to establish
In a licence appeal, the applicant must persuade the Local Court that the suspension should be lifted or varied within the limits of section 268 of the RTA Act. The focus is on public safety, road safety, and whether allowing the person to drive is appropriate in the circumstances. Accordingly, evidence about driving history, compliance, and personal circumstances becomes central.
The type of suspension controls the test. A Transport for NSW suspension and a police immediate suspension are treated differently. Importantly, appeals against police issued immediate suspensions face a much higher threshold. Understanding which test applies is often the difference between success and failure.
Test for Licence Appeal
For most licence appeals, the Court applies what is commonly described as the fit and proper person test. In practical terms, the Magistrate asks whether the applicant is a suitable person to hold a driver licence, having regard to road safety and the protection of the public. This assessment looks forward, not backward. Past
conduct matters only insofar as it informs future risk.
Factors relevant to the fit and proper assessment include driving history, prior offences, compliance with court orders, insight into wrongdoing, and steps taken to reduce risk. The Court also considers the stability of the applicant’s life, including work routine and driving necessity. However, hardship alone is a rarely ground for a
successful licence appeal. The focus remains safety, not inconvenience.
A different and stricter test applies to police issued immediate licence suspensions. Under section 268(5) of the RTA Act, the Court is not to set aside or vary the suspension unless exceptional circumstances exist. This is a deliberately high bar. Ordinary hardship, employment impact, or family inconvenience will usually
fall well short because those consequences affect many drivers.
Exceptional circumstances must be truly out of the ordinary. They may include unique personal circumstances, compelling medical needs, or consequences that go well beyond normal hardship. Crucially, section 268 of the RTA Act prevents the Court from considering the circumstances of the alleged offence itself in most cases.
Therefore, the case must be built around the applicant’s situation, not the police allegations.
Grounds commonly relied on in licence appeals
Strong licence appeals rely on disciplined and targeted evidence. This may include a clean or improving driving record, character references addressing road safety, proof of structured work routines, and evidence of steps taken to prevent reoffending. In immediate suspension cases, the material must clearly support an
exceptional circumstances argument. Generic claims are more likely to fail in any Local Court.
A common mistake is treating the appeal as a hearing about the charge. Section 268 of the RTA Act prohibits that approach. If you want to contest the offence, that happens in the criminal proceedings. The licence appeal stands on its own and must meet its own legal test.
A licence appeal is technical, time-critical, and unforgiving. Miss the deadline or run the wrong argument and the suspension will stand. Pannu Lawyers will assess the suspension type, identify the correct legal test, and assist you in preparing evidence that addresses what Magistrates are required to consider. If you want strong
representation in Western Sydney, contact Pannu Lawyers, the best criminal lawyers in Blacktown. Mount Druitt, Penrith, Parramatta, Burwood and Windsor.