The right to appeal

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The Magistrates Court will hear appeals to VicRoads orders to cancel, vary or suspend driver licences. The County Court can hear some appeals but any driving ban remains until the hearing or the court grants permission.

VicRoads

Drivers whose licences have been cancelled, suspended or varied by VicRoads can appeal the decision in the Magistrates’ Court (s 26(1) RSA), but the court’s decision is final (s 26(7)). Appeals to the Magistrates’ Court about VicRoads’ demerit points decisions are limited to matters about the miscalculation of points (s 26AA).

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 (s 29(2)).

Drivers considering an appeal should bear in mind that a more severe penalty may be imposed by the County Court judge.