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Appeal rights
Some licence decisions can be appealed to the Magistrates’ Court, while others may have different review processes.
Time limits
Licence appeals can be subject to strict time limits. Acting quickly is important.
Driving while suspended
You must not assume that lodging an appeal automatically allows you to drive.
Evidence matters
The reasons for the licence decision and supporting documents can be important to your appeal.
Losing your licence can affect your work, family responsibilities and ability to get around day to day.
If you have received a notice from VicRoads or the Department of Transport and Planning, the first step is to understand exactly what decision has been made, why it was made and whether you have a right to challenge it.
Depending on the circumstances, there may be an internal review process or an appeal to the Magistrates’ Court. Not every licence decision has the same appeal rights, so getting advice early can help you understand your position.
Don’t assume you can drive while your appeal is pending.
An appeal does not automatically mean you can continue driving. Some types of licence suspension have specific rules about whether a stay can be sought or whether you can drive while the matter is being determined.
If conditions or other restrictions have been placed on your licence, we can advise whether the decision can be challenged.
If your licence has been immediately suspended following a qualifying traffic offence, we can explain the court appeal process and your options.
We can advise on certain demerit point suspension or disqualification appeals, including whether the statutory grounds apply to your circumstances.
If your licence has been suspended, cancelled or varied following a medical or fitness-to-drive assessment, we can explain the review and appeal pathways that may be available.
We review your notice and identify who made the decision, the legal basis for it and when you were notified.
We explain whether an internal review, court appeal or another process may be available and identify any important deadlines.
If your matter proceeds to the Magistrates’ Court, we help you understand the process, the issues involved and what evidence or information may be relevant.
A licence appeal is not simply about explaining why you need your licence.
The court or decision-maker will consider the legal basis for the decision and the grounds available to challenge it. The strength of your case will depend on the type of decision, the applicable law and the evidence supporting your position.
If you have received a licence suspension or cancellation notice, do not wait until the last minute to seek advice. Some appeal processes have strict time limits.
Some Victorian licence appeals must be started within a specific period after the relevant decision or suspension. Get advice as soon as you receive the notice so you know what deadline applies to your matter.
Do not assume that lodging an appeal gives you permission to drive. The rules depend on the type of suspension or appeal, and in some circumstances a separate application may be required.
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Speeding & careless driving
Serious speeding, careless driving and other traffic offences affecting your licence.
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Advice and representation for a wide range of traffic offences and licence-related matters.
Some licence suspensions can be appealed, but the available process depends on why your licence was suspended and how the decision was made. Some decisions may be subject to internal review, while eligible decisions can be appealed to the Magistrates’ Court.
Time limits depend on the type of appeal. For example, certain appeals against a VicRoads decision under section 26 of the Road Safety Act 1986 must be commenced within 28 days of being notified of the decision. You should check the notice you received and obtain legal advice promptly.
Do not assume that you can. An appeal does not automatically give you a right to drive while a suspension is in place. The rules vary depending on the type of suspension and appeal.
In certain circumstances, yes. Victorian law allows a person whose licence has been immediately suspended following certain offences to apply to the Magistrates’ Court to appeal the suspension. The court can revoke or confirm the suspension.
Have your licence suspension, cancellation or VicRoads notice nearby when you call.
Floor 1, 330 Keilor Rd,
Niddrie VIC 3042
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