The short version
- Act before the start date on your suspension notice. Most options close once the suspension begins.
- Learner and P-plate drivers can appeal a demerit point suspension to the Local Court.
- Unrestricted licence holders can’t appeal a demerit point suspension, but can usually choose a 12-month good behaviour period instead.
- An appeal against a TfNSW suspension usually pauses the suspension, but check with TfNSW before you drive.
- The magistrate can lift, shorten or lengthen your suspension, and the decision is final.
In this article
- Got a Suspension Notice? Start Here
- Who Suspended Your Licence? It Matters
- Demerit Point Limits and Suspension Periods
- What To Do When the Notice Arrives
- Option 1: Good Behaviour Period (Unrestricted Licences)
- Option 2: Appeal to the Local Court (Learner and P-Plate Drivers)
- What Happens in Court
- Suspended on the Spot by Police?
- Mistakes That Make Things Worse
- Frequently Asked Questions
- Licence About to Be Suspended?
Got a Suspension Notice? Start Here
First published 20 January 2026. Updated 16 October 2026 to explain who can appeal, the good behaviour period, professional driver status and when you can keep driving.
In NSW, most traffic offences come with demerit points. If you reach your limit, Transport for NSW (TfNSW) will suspend your licence. NSW Police can also suspend a licence on the spot for some serious offences, such as high-range drink driving, no matter how many points you have.
A licence suspension in NSW isn’t always the end of the road. Depending on your licence, you may be able to keep driving on a good behaviour period, or appeal to the Local Court to have the suspension lifted or shortened. But these options have strict deadlines, and most of them close the day your suspension starts.
Who Suspended Your Licence? It Matters
Your options depend on who made the decision. Check the top of your notice.
Transport for NSW
Usually for reaching your demerit point limit. You get a Notice of Suspension in the mail with a start date. Lodging an appeal in time usually pauses the suspension until the court hears it.
NSW Police
An on-the-spot suspension after being charged with certain serious offences. Your licence stays suspended while you wait for the appeal, and you have 28 days to lodge it.
This guide focuses on TfNSW demerit point suspensions, the most common type. There is a short section on police suspensions further down.
Demerit Point Limits and Suspension Periods
Your limit and the length of your suspension depend on your licence type:
Learner
Demerit point limit: 4
Suspension: 3 months
Provisional P1
Demerit point limit: 4
Suspension: 3 months
Provisional P2
Demerit point limit: 7
Suspension: 3 months
Unrestricted
Demerit point limit: 13
Suspension: 3 months (13–15 points), 4 months (16–19), 5 months (20 or more)
Professional driver (if approved)
Demerit point limit: 14
Suspension: 3 months (14–15 points), 4 months (16–19), 5 months (20 or more)
Unrestricted, on a good behaviour period
Demerit point limit: 2
Suspension: Double the original suspension
Points count if the offences happened within a three-year period. Points from interstate offences are added to your NSW record too, and double demerits apply during holiday periods.
What To Do When the Notice Arrives
- Read the notice carefully. It tells you when the suspension starts, how long it lasts, the offences and points it is based on, and whether you can appeal or elect a good behaviour period.
- Check the offences are yours. Make sure every offence listed belongs to you. A suspension appeal won’t decide whether you were guilty of the offences, so problems with a fine need to be raised separately and quickly.
- Work out your options. They depend on your licence type. See the options below.
- Act before the start date. A good behaviour period, professional driver status and an appeal to the court all have to be in place before the suspension begins.
- Gather your evidence. If you are appealing, start collecting references and letters straight away (see the checklist below).
- Don’t drive until you are sure. Confirm your licence status with TfNSW before you get behind the wheel.
Keep your address up to date with Service NSW.
Suspension notices are sent by mail. The law assumes you received a posted notice four working days after it was sent, even if it went to an old address.
Received a suspension notice?
Get advice before the start date. Most of your options close once the suspension begins.
Option 1: Good Behaviour Period (Unrestricted Licences)
If you hold an unrestricted licence, you can’t appeal a demerit point suspension to the court. Instead, you can usually choose a good behaviour period and keep driving.
1 year
Length of the good behaviour period
2 points
Your limit during the period
Double
The suspension if you break it
To choose a good behaviour period:
- your notice must say you can elect one, and your suspension must not have started
- you can apply online through Service NSW if there are at least 2 business days before the start date
- if the start date is closer than that, apply in person at a Service NSW Centre
If you get 2 or more points during the 12 months, your licence will be suspended for twice the original period. You can’t appeal that suspension, and you can’t elect another good behaviour period. If you get through the 12 months with no more than 1 point, the points on your suspension notice are cleared.
Professional drivers
If you drive for work, transporting goods or driving a bus, taxi or hire car, you may be able to apply for professional driver status. This lifts your limit from 13 to 14 points. You must apply to TfNSW before your suspension starts.
Option 2: Appeal to the Local Court (Learner and P-Plate Drivers)
If you hold a learner or provisional (P1 or P2) licence, you can appeal a demerit point suspension to the Local Court. Other TfNSW licence decisions can also be appealed if your letter says you have the right to appeal.
Deadlines
File your appeal before your suspension starts. Service NSW also says appeals must be filed within 28 days of receiving the letter. Treat whichever comes first as your deadline. If you are late, the court can’t hear your appeal, even if the registry accepts your form.
How to lodge
- File online through the NSW Online Registry, or at a Local Court registry.
- Have your suspension letter, your licence number, your address and email ready.
- Pay the filing fee by card. If you are in financial hardship, you can ask for the fee to be postponed, reduced or waived.
- You will get a sealed notice with your court date and location.
Can I keep driving while I wait?
For a TfNSW suspension, lodging the appeal in time usually pauses (stays) the suspension until the court hears it. Even so, Legal Aid NSW recommends you check with TfNSW that your suspension has actually been stayed before you drive.
What Happens in Court
You must go to court on the date in your notice. If you don’t attend, your appeal can be dismissed. If you can’t make the date, contact the court beforehand to ask for another one.
The magistrate won’t decide whether you were guilty of the offences behind the points. The question is whether your licence should still be suspended. The court may decide it shouldn’t be where, for example, you need your licence for work or family reasons.
What the magistrate can do
Lift it
Set the suspension aside, so you keep your licence.
Change it
Make the suspension shorter or longer.
Dismiss the appeal
Confirm the suspension, which then applies.
The court’s decision is final. You can’t appeal it. If your appeal is dismissed, you may also be ordered to pay TfNSW’s legal costs, although Legal Aid NSW notes this is rare.
Don’t drive to court.
If the magistrate dismisses your appeal, the suspension can apply straight away. Arrange another way to get home.
Your evidence checklist
- Two or three character references from people who know you well and know about your driving record
- a letter from your employer explaining why you need to drive for work
- a medical certificate or doctor’s letter if you drive someone to appointments or care for a family member
- evidence of anything you have done to improve your driving, such as a driver education course
- the original and three copies of every document you want the court to see
Good preparation makes a real difference. How your evidence is put together, and how your need for a licence is explained, is often what decides the outcome.
Suspended on the Spot by Police?
Police suspensions work differently:
- your licence stays suspended until the appeal is heard
- you must lodge the appeal within 28 days of the suspension
- the court can only lift or change the suspension in exceptional circumstances
- the court won’t consider the circumstances of the offence you are charged with
If you are facing a police suspension and a criminal charge, get advice early. The charge itself can lead to a disqualification on top of the suspension.
Mistakes That Make Things Worse
- Driving while suspended. This is a serious offence that can lead to disqualification, large fines and even jail.
- Missing the deadline. Once the suspension starts, most of your options are gone.
- Assuming you can drive. Always confirm a stay with TfNSW first.
- Picking up points on a good behaviour period. Just 2 points doubles your suspension.
- Turning up unprepared. The magistrate can make the suspension longer, not just shorter.
Frequently Asked Questions
Can I appeal a demerit point suspension on an unrestricted licence?
No. In NSW, only learner and provisional licence holders can appeal a demerit point suspension to the Local Court. If you hold an unrestricted licence, you can usually elect a 12-month good behaviour period instead, as long as you do it before the suspension starts.
Can I keep driving while my licence appeal is pending?
For a Transport for NSW suspension, lodging your appeal in time usually pauses the suspension until the court hears it, but check with Transport for NSW before you drive. For an on-the-spot police suspension, your licence stays suspended until the appeal is heard.
How long do I have to appeal a licence suspension in NSW?
For a Transport for NSW suspension, file your appeal before the suspension starts, and within 28 days of receiving the letter. For a police suspension, you have 28 days from the date police suspended your licence. A late appeal can’t be heard.
What happens if I get demerit points during a good behaviour period?
If you get 2 or more points during the 12-month good behaviour period, your licence is suspended for twice the original period. You can’t appeal that suspension or elect another good behaviour period.
Can the magistrate make my suspension longer?
Yes. The magistrate can lift the suspension, make it shorter or longer, or dismiss the appeal and confirm it. The decision is final, so it is important to prepare properly.
Can I get demerit points back?
Demerit points expire with time, because only offences within a three-year period count. NSW also ran a demerit point reward trial that removed one point from eligible unrestricted licence holders who stayed offence-free for 12 months. The NSW Government announced in December 2025 that the reward would be made permanent.
Licence About to Be Suspended?
The time between your notice and the start date is when you have the most options. Eric Navea is a traffic lawyer in Sydney who helps drivers decide whether to appeal, elect a good behaviour period or apply for professional driver status, and represents them in the Local Court.
Eric will look at your notice, identify the deadlines that apply to you and tell you what evidence you need. With the right preparation, you may be able to keep your licence or reduce the time off the road.
Received a suspension notice? Speak with Eric before it starts.
Speak With Eric Before You RespondDisclaimer
This article is general information only, current as at 16 October 2026, and is not legal advice. Demerit point rules and deadlines can change, and your options depend on your licence and your notice. Speak with a lawyer before your suspension starts.
Sources (accessed 16 October 2026)
- NSW Government – How demerit points work
- Service NSW – Apply for a good behaviour period
- Service NSW – Appeal a licence or registration decision
- NSW Online Registry – Licence appeal FAQ
- Legal Aid NSW – Losing your licence
- Legal Aid NSW – Demerit point suspension
- Legal Aid NSW – Appeal the suspension
- Legal Aid NSW LawPrompt – Licence suspensions and disqualifications
- Judicial Commission of NSW – Local Court Bench Book: Road transport legislation
- Transport for NSW (Towards Zero) – Demerit points program rewards good driver behaviour
