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

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A driver's licence suspension in Tasmania can happen through three main ways: accumulating too many demerit points, an immediate roadside suspension for serious offences, or a court-ordered disqualification following conviction. The consequences are immediate and severe - driving while suspended carries penalties up to $3,900 and potential imprisonment. You have limited time to appeal or apply for a good behaviour licence, with some applications requiring action within just 28 days of the suspension notice.

Do You Need a Lawyer?

Yes, you should get legal help if your licence suspension affects your ability to work, care for family members, or if you're facing additional criminal charges related to the suspension. Without a lawyer, you're likely to miss crucial appeal deadlines, fail to present the strongest case for a good behaviour licence, or receive harsher penalties if charged with driving while suspended.

A traffic lawyer can challenge the validity of demerit point allocations, argue for exceptional circumstances in good behaviour applications, and negotiate with prosecutors if you've been charged with driving while suspended. They understand which magistrates are more sympathetic to work-related hardship applications and know the specific evidence needed to strengthen your case.

The financial cost of legal representation is often minimal compared to losing your job due to licence suspension, or facing the maximum penalties for driving while suspended. Most people who try to handle suspension appeals themselves either miss deadlines entirely or present their case poorly, resulting in longer suspension periods.

What Happens Next - The Process

The exact process depends on how your licence was suspended, but here's what typically happens:

  1. Notice Period: You receive a suspension notice from the Department of State Growth, giving you 28 days before the suspension takes effect (except for immediate roadside suspensions which start immediately).
  2. Decision Point: You have 28 days from receiving the notice to apply for a good behaviour licence or lodge an appeal with the Magistrates Court of Tasmania.
  3. Good Behaviour Application: Submit Form MR27A with supporting evidence to the Department, including employer letters, medical certificates, or other hardship documentation.
  4. Court Appeal Filing: Lodge your appeal at the Magistrates Court with the required filing fee and serve copies on the Department of State Growth.
  5. Assessment Period: Good behaviour applications take 2-4 weeks to process; court appeals are typically listed within 6-8 weeks.
  6. Decision Outcome: You'll receive written notice of the decision, with specific conditions if a good behaviour licence is granted.
  7. Compliance Period: If successful, you must comply with all conditions for the specified period, typically 12 months for good behaviour licences.

Missing any of these deadlines means losing your right to appeal or apply for alternative licensing arrangements, leaving you without legal driving privileges for the full suspension period.

The Law in Tasmania

Tasmania's licence suspension system operates under the Vehicle and Traffic Act 1999 and the Road Rules 2019. The demerit point thresholds that trigger automatic suspension are:

  • Full licence holders: 14 demerit points within any 3-year period
  • Provisional P2 licence holders: 8 demerit points within any 3-year period
  • Provisional P1 and Learner licence holders: 5 demerit points within any 3-year period

Suspension periods under Section 23A of the Vehicle and Traffic Act are:

  • First suspension: 3 months minimum
  • Second suspension within 5 years: 6 months minimum
  • Third or subsequent suspension within 5 years: 12 months minimum

Immediate roadside suspensions apply for:

  • Drink driving with blood alcohol concentration 0.05% or higher
  • Drug driving offences
  • Excessive speed (25km/h or more over the limit in built-up areas, 35km/h or more elsewhere)
  • Dangerous driving or reckless driving

Penalties for driving while suspended under Section 18A include fines up to $3,900 and imprisonment up to 18 months for repeat offenders. The court can also extend the original suspension period and impose additional disqualification periods.

Mistakes to Avoid

Assuming you can still drive during the 28-day notice period for immediate suspensions. We regularly see clients who believe roadside suspensions don't take effect immediately, continuing to drive and facing additional charges. Roadside suspensions mean you cannot drive from the moment the police officer takes your licence, regardless of any notice periods mentioned.

Applying for a good behaviour licence without proper supporting evidence. Many people submit basic employer letters or generic hardship claims that don't meet the Department's assessment criteria. Successful applications require detailed evidence of exceptional circumstances, specific work requirements, and genuine hardship that can't be resolved through alternative transport.

Missing the 28-day deadline because they're 'thinking about it' or waiting to see if the suspension notice is real. The Department of State Growth doesn't send reminder notices or extend deadlines. We've seen clients lose their appeal rights by just 2-3 days, leaving them with no legal options except to serve the full suspension period.

Believing they can represent themselves effectively in Magistrates Court appeals. Traffic law appeals involve complex procedural requirements and strict evidence rules. Self-represented appellants typically fail to properly challenge the original demerit point allocations or present compelling arguments for why the suspension should be overturned.

Driving 'just once' during suspension for an emergency or work. There are no emergency exceptions to driving while suspended charges. Even driving 100 metres to move your car results in automatic prosecution, and magistrates rarely accept emergency circumstances as a defence when alternative options existed.

Likely Outcomes and Costs

With professional legal representation, successful good behaviour licence applications occur in approximately 60-70% of cases where genuine hardship exists and proper evidence is presented. Court appeals have lower success rates (around 30-40%) but can result in complete suspension dismissal or reduced penalties.

Going without a lawyer typically results in:

  • Rejection of good behaviour applications due to insufficient evidence or missed deadlines
  • Failed court appeals due to procedural errors or weak legal arguments
  • Maximum penalties if subsequently charged with driving while suspended
  • Extended suspension periods and additional court costs

Legal representation costs typically range from $1,500-$3,500 for good behaviour applications and $2,500-$5,000 for court appeals, depending on complexity. This investment often pays for itself by maintaining employment, avoiding extended suspensions, or preventing additional criminal charges.

Most matters resolve within 4-8 weeks for good behaviour applications and 8-12 weeks for court proceedings. However, successful outcomes can restore your driving privileges years earlier than serving the full suspension period, making the time investment worthwhile.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended licence suspension cases across Tasmania since 2010, with specialist traffic lawyers who appear regularly in Hobart, Launceston, Devonport and Burnie Magistrates Courts. Our 800+ lawyers nationally means we have extensive experience with every type of suspension scenario, from complex demerit point challenges to urgent roadside suspension appeals.

We provide immediate strategic advice through our 24/7 legal hotline on 1300 636 846, helping you understand your options before crucial deadlines pass. Our Tasmania team knows which evidence the Department of State Growth values in good behaviour applications and which arguments succeed with local magistrates in court appeals.

Your first consultation is fixed at $295, giving you clear advice about your prospects and the best legal strategy for your situation. We've maintained a 4.5-star rating from 780 reviews on Product Review because we deliver honest assessments and realistic outcomes, not false promises.

Our lawyers can lodge urgent applications, gather the strongest possible supporting evidence, and represent you in all court proceedings. We operate in every state and territory, ensuring consistent high-quality representation regardless of where your matter is heard.

Don't let suspension deadlines pass while you're still deciding what to do. Call 1300 636 846 now or book your consultation online at gotocourt.com.au/book to protect your licence and your livelihood.

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Frequently Asked Questions

How many demerit points before licence suspension in Tasmania?

In Tasmania, full licence holders face suspension at 14 demerit points, P2 provisional licence holders at 8 points, and P1 provisional and learner licence holders at just 5 demerit points within any 3-year period. These thresholds trigger automatic suspension notices from the Department of State Growth.

Can you appeal a licence suspension in Tasmania?

Yes, you can appeal a licence suspension in Tasmania by applying to the Magistrates Court within 28 days of receiving the suspension notice. You can also apply for a good behaviour licence during this same 28-day period, but you cannot do both simultaneously.

What is a good behaviour licence in Tasmania?

A good behaviour licence in Tasmania allows you to continue driving despite accumulating enough demerit points for suspension, provided you demonstrate exceptional circumstances or genuine hardship. You must maintain a clean driving record for the specified period, typically 12 months, or face an extended suspension.

What happens if you drive while suspended in Tasmania?

Driving while suspended in Tasmania carries penalties up to $3,900 and potential imprisonment up to 18 months for repeat offenders. The court can also extend your original suspension period and impose additional disqualification periods, significantly lengthening the time before you can legally drive again.

How long does a licence suspension last in Tasmania?

Licence suspension periods in Tasmania depend on your suspension history: first suspension is 3 months minimum, second suspension within 5 years is 6 months minimum, and third or subsequent suspension within 5 years is 12 months minimum. Roadside suspensions for serious offences can last longer depending on the specific offence.