Licence Suspended in the ACT - Your Rights and Next Steps

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

A licence suspension in the ACT can happen through three main pathways: accumulating too many demerit points (12 points for full licence holders, 4 for provisional), court-ordered suspension following traffic offences, or immediate roadside suspension for serious violations like drink driving. The consequences extend far beyond losing your driving privileges - your job, family responsibilities, and daily life can be severely disrupted. If you've been notified of a pending suspension or already suspended, you have strict time limits to lodge appeals or access good behaviour options, making immediate legal advice crucial.

Do You Need a Lawyer?

Yes, particularly if your livelihood depends on driving or if you're facing a court-ordered suspension. A traffic lawyer can help you appeal the suspension, negotiate good behaviour bonds where available, apply for work licences in specific circumstances, and ensure you understand exactly what driving you can and cannot do during any suspension period.

Without legal representation, you risk missing critical appeal deadlines, accepting suspensions you could challenge, or unknowingly driving while suspended - which carries severe penalties including potential imprisonment. Many people don't realise that certain ACT suspension notices can be challenged on technical grounds, or that good behaviour options exist for some demerit point suspensions.

A lawyer can realistically achieve reduced suspension periods, successful appeals based on procedural errors, work licence approvals for essential driving, and protection from the most serious consequences of driving while suspended charges. The difference between handling this yourself and having expert legal representation often determines whether you keep driving legally or face escalating penalties that can affect you for years.

What Happens Next - The Process

The process depends on your suspension type, but here's what typically unfolds:

1. Suspension Notice: Transport Canberra and City Services (TCCS) sends a Notice of Licence Suspension, typically giving 28 days before suspension takes effect for demerit points, or immediate effect for serious offences.
2. Appeal Window: You have 28 days from receiving the notice to lodge an appeal with the ACT Civil and Administrative Tribunal (ACAT) for demerit point suspensions, or with the ACT Magistrates Court for court-ordered suspensions.
3. Good Behaviour Application: For demerit point suspensions, you can apply for a good behaviour period instead of suspension, allowing you to keep driving under strict conditions.
4. Tribunal/Court Hearing: If you appeal, ACAT or the Magistrates Court will hear your case, typically within 6-8 weeks of lodging.
5. Decision and Implementation: The tribunal or court makes a binding decision - upholding, varying, or overturning the suspension.
6. Licence Reinstatement: After serving any suspension period, you may need to pay reinstatement fees and potentially pass knowledge or practical tests depending on the suspension length and type.

Missing any of these deadlines typically means accepting the full suspension with no further appeal rights available.

The Law in the Australian Capital Territory

ACT licence suspensions are governed primarily by the Road Transport (Driver Licensing) Regulation 2000 and the Road Transport (General) Act 1999. The demerit point system operates with these specific thresholds:

Demerit Point Limits:

• Full licence holders: 12 points in any 3-year period
• Provisional P2 licence holders: 7 points in any 3-year period
• Provisional P1 licence holders: 4 points in any 3-year period
• Learner permit holders: 4 points in any 3-year period

Suspension Periods for Demerit Points:

• First suspension: 3 months
• Second suspension within 5 years: 4 months
• Third or subsequent suspension within 5 years: 5 months

Court-Ordered Suspensions: These vary based on the offence but include mandatory minimums such as 6 months for high-range drink driving, 3 months for mid-range drink driving, and discretionary periods up to 3 years for dangerous driving causing death.

Immediate Roadside Suspensions: Police can immediately suspend licences for 24 hours (novice range drink driving), 90 days (prescribed concentration of alcohol), or longer periods for refusing breath tests or serious traffic offences.

The good behaviour option under section 32 of the Road Transport (Driver Licensing) Regulation allows eligible drivers to choose a 12-month good behaviour period instead of suspension, but only for first-time demerit point suspensions and with strict conditions.

Mistakes to Avoid

Assuming All Suspensions Are Final: We regularly see clients who received suspension notices months ago and did nothing, not realising they had appeal rights. Many ACT suspension notices contain procedural errors or are based on incorrectly allocated demerit points that can be successfully challenged, but only within the strict 28-day window.

Choosing Good Behaviour Without Understanding the Consequences: The good behaviour option sounds appealing, but it means any traffic infringement during the 12-month period triggers both the original suspension plus an additional penalty. We've seen clients lose their licence for 6+ months because they got a simple speeding fine during good behaviour, when the original suspension would have been only 3 months.

Driving During Any Part of the Suspension Period: Even driving for 100 metres while suspended can result in additional 6-month suspensions, $1,600 fines, and potential imprisonment. This includes driving during the appeal process unless you've specifically received a stay order from ACAT or the court.

Not Checking Licence Status Before Driving: We've represented numerous clients who genuinely believed their suspension had ended but were wrong about the dates. ACT doesn't automatically notify you when suspension periods end, and driving even one day beyond your licence restoration creates new criminal charges.

Ignoring Work Licence Possibilities: Many people assume no driving means no driving, but ACT law allows restricted licences for essential work purposes in limited circumstances. Failing to explore these options often means unnecessary job loss and financial hardship when legal alternatives existed.

Likely Outcomes and Costs

With Legal Representation: Experienced traffic lawyers achieve successful outcomes in approximately 60-70% of ACT suspension appeals, either through complete overturn, reduced suspension periods, or successful work licence applications. Even unsuccessful appeals often result in better understanding of your exact obligations and protection from further penalties.

Without Legal Representation: Self-represented appeals succeed in fewer than 30% of cases, mainly due to procedural errors, missed deadlines, or inadequate presentation of evidence. Most people also miss opportunities for work licences or good behaviour conditions that could significantly reduce the impact.

Legal Costs: Traffic law representation typically ranges from $1,500 to $4,000 for suspension appeals, depending on complexity and hearing requirements. Go To Court Lawyers offers fixed-fee arrangements starting with a fixed-fee consultation, allowing you to understand your options and likely costs upfront.

Timeline: Appeal processes typically take 6-12 weeks from lodging to final decision. Good behaviour applications are usually processed within 2-3 weeks. Work licence applications can take 4-6 weeks depending on the evidence required.

The cost of legal representation is almost always less than the financial impact of losing your licence - particularly when you factor in lost income, alternative transport costs, and potential job loss.

How Go To Court Lawyers Can Help

Go To Court Lawyers has been Australia's largest legal service since 2010, with over 800 lawyers nationally and specific expertise in ACT traffic law. Our ACT-based traffic lawyers appear regularly in both ACAT and the ACT Magistrates Court, understanding exactly how local tribunals and magistrates approach suspension appeals.

We offer immediate assistance through our 24/7 legal hotline on 1300 636 846, fixed-fee $295 initial consultations, and same-day appointments when your situation is urgent. Our 4.5-star rating from 780 reviews reflects our commitment to achieving real results for clients facing licence loss.

Our ACT traffic lawyers can lodge your appeal within the critical 28-day window, prepare comprehensive evidence for tribunal hearings, apply for good behaviour periods where appropriate, negotiate work licence arrangements with Transport Canberra, and represent you at all court or tribunal appearances.

Don't let strict deadlines cost you your licence and livelihood. Call 1300 636 846 now for immediate advice, book online at gotocourt.com.au/book, or request urgent help if your suspension notice deadline is approaching. Every day you delay reduces your options and increases the risk of losing your driving privileges entirely.