Losing your driver licence can be stressful and disruptive, especially when you are unsure why it has happened or what options you have. In New South Wales, licence suspensions can occur in different ways, including immediate police suspensions, court-ordered suspensions, and administrative suspensions imposed by Transport for NSW. Each type of suspension arises in different circumstances and comes with its own rules and appeal rights. This article is designed to help you understand the type of licence suspension you may be facing, how it works, and the steps you can take to protect your rights and get back on the road as soon as possible.

‍

What Is a Licence Suspension in NSW?

A licence suspension in NSW is a temporary loss of your right to drive for a set period of time. It is different from a licence disqualification, which is imposed by a court and usually follows a conviction for a serious offence. Suspensions can occur in several ways, including administrative suspensions issued by Transport for NSW, on-the-spot suspensions issued by police, or court-ordered disqualifications after a matter is finalised. License suspensions and disqualifications operate under different rules and carry different rights.

‍

Administrative Suspensions by Transport for NSW

Demerit Point Suspension

A demerit point suspension occurs automatically when a driver exceeds the maximum number of points allowed for their licence class. In NSW, this is generally 13 points for a full licence, 7 points for a P2 licence, and 4 points for P1 and learner licences. Once the threshold is exceeded, Transport for NSW will issue a suspension notice setting out when the suspension starts and how long it will last. In some cases, eligible drivers may be offered a good behaviour point instead of serving an immediate suspension. This allows you to continue driving for 12 months with a strict lower point limit. However, breaching a good behaviour licence usually results in a longer suspension.

Speeding-Related Suspension

Transport for NSW can also suspend a licence following serious speeding offences. This commonly occurs where a driver is convicted of exceeding the speed limit by 30 km/h or more, or 45 km/h or more. Speeding by more than 45 km/h over the limit in NSW results in a mandatory 6-month licence suspension for full licence holders. Drivers are usually notified by mail, with the notice outlining the suspension period and start date. These suspensions apply regardless of whether a fine has already been paid, which can come as a surprise to many drivers.

Medical Suspension

A medical suspension may be imposed if Transport for NSW determines that a driver is not medically fit to drive safely. This can occur following reports from a medical practitioner, hospital, or specialist, or after a health condition is disclosed during licence renewal. Conditions affecting vision, consciousness, mobility, or cognitive function may trigger a review. In most cases, the driver will be asked to provide updated medical reports or undergo further assessment. A licence can often be reinstated once Transport for NSW is satisfied that the medical condition is being properly managed and no longer poses a risk to road safety.

‍

Police-Issued Immediate Suspension

In certain situations, NSW Police have the power to suspend a driver’s licence on the spot, without waiting for a court appearance. This typically occurs where a driver is alleged to have committed a high-risk offence, such as drink driving, drug driving, refusing a breath or blood test, or dangerous driving. The purpose of an immediate suspension is to protect public safety while the matter is still before the courts.

An on-the-spot suspension takes effect immediately, meaning the driver must stop driving as soon as the notice is issued, even though the charge has not yet been finalised. For many drivers, this can be overwhelming and unexpected.

‍

Court-Imposed Suspensions

Some licence suspensions occur as part of a formal court sentence following a conviction. These suspensions, more accurately described as court-ordered disqualifications, are imposed by a magistrate as a penalty for serious driving offences. Common examples include drink driving, drug driving, driving while suspended or disqualified, dangerous driving, and repeated high-range speeding offences.

Unlike administrative suspensions issued by Transport for NSW or police-issued immediate suspensions, court-imposed suspensions form part of the criminal penalty and reflect the seriousness of the offence. The length of the disqualification period is set by the court, within legislative minimums and maximums, and is often longer than administrative suspensions.

‍

‍

How to Identify the Type of Suspension You’re Facing

If your licence has been suspended, the first step is to check who issued the notice, when it took effect, and whether it followed a court appearance or conviction. These details can help determine whether the suspension was imposed by police, Transport for NSW, or the court.

If you are unsure, particularly if you have an upcoming court date or are considering an appeal, it is important to seek legal advice promptly. A lawyer can review the notice, identify procedural issues, and assess whether you are eligible to challenge the suspension.

‍

Need Help With a Licence Suspension in NSW?

Facing a licence suspension can feel overwhelming, but it is important to remember that you may still have options. Licence suspensions are common in NSW, and in many cases they can be challenged, reduced, or strategically managed with the right legal advice. The outcome often depends on acting quickly and understanding the type of suspension you are dealing with.

Faraj Defence Lawyers have extensive experience assisting clients with licence suspension appeals, traffic offences, and court matters across NSW. We understand how critical a driver licence can be, whether for work, family responsibilities, or daily life.

If your licence has been suspended, or you have received a notice or court date, seek advice as early as possible. Contact our Defence Lawyers today to arrange a consultation and understand your options.

‍

FAQs About Licence Suspensions in NSW

Will I be notified if my suspension is extended or stacked with another?

Yes. Transport for NSW will usually notify you in writing if suspension periods are added together or extended. This can happen if multiple offences occur close together or if a good behaviour licence is breached.

Does a court disqualification cancel any existing administrative suspension?

Not usually. A court-imposed disqualification and an administrative suspension can operate separately, depending on the circumstances. In some cases, they may run consecutively, meaning the total time off the road is longer.

Can I appeal a suspension if I didn’t receive proper notice?

Possibly. If you did not receive proper notice, or there was an error in how the suspension was issued, you may have grounds to challenge it. Legal advice can help determine whether an appeal or review is available.

‍