Our Services / Licence Appeals
Exceed Speed Suspension Appeal
The RMS will suspend your drivers licence for serious speeding. You can appeal against that suspension.
There are things you can do to increase your chances of a great result. With the right preparation, we have helped hundreds of provisional licence holders to reduce or completely avoid an excess speed suspension.
Contact us to discuss your case today.
Why have I received a Suspension Notice?
The RMS will suspend your driver’s licence if you are caught speeding by either more than 30kph or more than 45kph.
The suspension is issued after the penalty notice is paid or if the final due date for payment passes.
The usual length of suspension is:
- For over 30kph – 3 months
- For over 45kph – 6 months
Can I appeal an RMS speeding suspension?
You can appeal to the Local Court against the suspension.
The magistrate will listen to your side of the story and decide what, if any, suspension should be imposed.
What are the possible licence appeal outcomes?
There are three possible outcomes. The magistrate can:
- Allow the appeal – removing the suspension entirely.
- Vary the suspension – shortening the suspension period.
- Dismiss the appeal – requiring you to serve the original suspension period.
What happens to the demerit points for the speeding offence?
The points will remain on your record whether or not you are successful in your appeal.
Can I keep driving until my court date?
Yes, you can usually keep driving until your court date.
Once your licence appeal is lodged before the date when the suspension is due to begin, the suspension is paused until the Court decides your appeal.
It is important to check with your lawyer that the suspension is definitely paused, because if it is not and you are caught driving, you will face criminal charges and serious penalties.
Legislation for Exceed Speed Suspensions and Appeals
The RMS power to suspend fully licenced drivers for certain speeding offences is found in section 59 of the Road Transport Act 2013.
Your appeal against the decision made by the RMS is made under section 267 and determined by the Court under section 268 of the Road Transport Act 2013.