The right to appeal

Written By For Good Digital

VicRoads

Drivers whose licences have been cancelled, suspended or varied by VicRoads can appeal the decision in the Magistrates’ Court (Road Safety Act s 26(1)), but the court’s decision is final (s 26(4)). Appeals to the Magistrates’ Court about VicRoads’ demerit points decisions are limited to matters about the miscalculation of points (s 46H).

Courts

Anyone disqualified from obtaining a licence or permit, or whose licence or permit is cancelled, suspended or varied by a Magistrates’ Court order, may appeal to the County Court against this decision (s 29(1)). This appeal must be filed at the court within 28 days of the court order being made. A person is not allowed to drive in the period between filing an appeal and the appeal hearing, unless the court grants permission to do so (Road Safety Act s 29(2)). Drivers considering an appeal should bear in mind that a more severe penalty may be imposed by a County Court judge.

The right to appeal

Chapter: 6.8: Driving offences

Contributor: Peter Lynch, Accredited Criminal Lawyer, and Madeleine Lynch, Lawyer, Fitzroy Legal Service

Current as of: 1 September 2024

Law Handbook Page: 585

Next Section: Common driving offences

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