You can make an appeal to a Magistrates’ Court under Section 46H of the Road Safety Act 1986 if you believe that:
- VicRoads recorded demerit points other than as required by law
- an error has been made in the addition of the number of demerit points you incurred in the relevant period.
You cannot make an appeal for any other reasons (including work, family, hardship or other commitments).
If you want to contest an individual offence or infringement notice, do not make an appeal. You’ll need to ask for a review of your traffic infringement instead. Find out how in the section above.
How to make an appeal
If you believe we’ve made an error in recording or adding your points you can appeal your suspension/disqualification. If you choose, you can seek independent legal advice about lodging an appeal. This could help you avoid possible costs if you lose the appeal.
Your appeal must be in the 28 days after your suspension or disqualification start-date (as shown on your demerit point notice).
To make an appeal you need to:
1. Give written notice of your appeal to a registrar of the Magistrates’ Court – the necessary form will be provided by the Magistrates’ Court and is available on the Magistrates’ Court website
2. Ask the registrar to endorse a copy of this notice and provide you with a hearing date
3. Provide a copy of this endorsed notice to VicRoads at least 14 days before the hearing date.
Send your copy of the endorsed notice by one of the following methods:
Email: [email protected]
Fax: (03) 9854 2399
Post: VicRoads, Licence and Registration Services, Locked Bag 7000, Kew, Vic 3101
Pausing your suspension/disqualification during your appeal
If you’re making an appeal, you can apply to the Courts to have your suspension or disqualification paused until your appeal has been heard and decided. This is called a ‘stay’.
A stay is not automatically granted when you make an appeal. If you don’t apply for a stay, your disqualification/suspension period will automatically begin on your notified date even if you’re appealing it.
The court may stay (i.e. pause) your suspension or disqualification period if you meet both of the following conditions:
- Your appeal has a reasonable chance of success
- You haven’t had your licence/permit suspended or cancelled in the 3 years before your application.
Please note: drivers that don’t have a licence are not eligible to apply for a stay.
What happens if you lose or abandon your appeal
- withdraw your appeal less than 4 days before your hearing date
- don’t appear at your hearing
- lose your appeal
- adjourn (put off the case until a later date) your hearing date without contacting VicRoads beforehand – Note: the best contact details are on the appeal form.