I've recently had my licence suspended because I've had mental health issues and my doctor didn't think I was capable of driving. I have been undergoing treatment and I want to dispute this. I think I'm currently fine to drive. I am in NSW.
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Answer by LegalEagle™ staff, Forbes 2971 NSW
- The road safety authority in your state or territory will write to you about the cancellation or suspension of your licence. In NSW this is the Roads and Maritime Services (RMS). They have to tell you why they are cancelling or suspending your licence and when the start date will begin.
- They must also provide you with the information on how to have the cancellation or suspension stopped. In some cases you will need to have a driving assessment. The letter will tell you how you can arrange for this.
- The letter will also tell you whether you can request an internal review in writing. You should attach evidence of your treatment plan and a letter from your treating doctor or specialist stating that you are capable of driving.
- You can also appeal against a decision to cancel or suspend your driver’s licence. Any appeal must be filed within 28 days of receiving the notice at the nearest court.
- Taking legal action can be expensive. If you do not have a strong case and you lose you may have to pay the other parties' costs as well as your own. In this case the other party will be the RMS.
- You should obtain independent legal advice prior to making any application to the court. A lawyer can help evaluate the strength of your claim.