Drivers Licence Appeal

Appeal Licence Disqualification in South Australia

Has your P1, P2, or probationary licence been disqualified? It may still be possible to keep driving by appealing the licence disqualification in the Magistrates Court of South Australia.

This “driver licence appeal” route may help if you received a notice of disqualification or warning about driving whilst disqualified or you are otherwise getting a licence back after disqualification.

Book a free 30 minute consultation with expert traffic lawyers in Adelaide to find out if you can keep your licence.

We have a proven track record of securing charge withdrawals, securing non-conviction outcomes, demerit point reductions and lowering disqualification periods

What is a Provisional Licence?

In South Australia, the Motor Vehicles Act 1959 (SA) provides for two categories of Provisional Licences:

1. P1 Licence; and
2. P2 Licence.

A provisional licence is a restricted driver’s licence in South Australia, and typically issued to drivers under 20 years old or to those who have not held a full (non-provisional) licence in the preceding 5 years.

What Are Provisional Licence Conditions?

Under section 81A(4), provisional licences have specific conditions.

P1 Conditions

Do not let one mistake cost you your livelihood or liberty, get the best defence instead and keep your drivers licence-even after getting too many demerit points on your provisional or probationary licence.

P2 Licence Rules

Disqualification for Breaching Provisional Licence Condition

If you breach a condition of your provisional licence or accumulate four (4) or more demerit points you will be disqualified for:

1. Six (6) months for a first-time disqualification; or
2. Twelve (12) months if you have previously been disqualified while on a provisional licence, successfully appealed a provisional licence disqualification or previously entered into a Safer Driver Agreement within the past five (5) years.

You may also be disqualified from driving if you breach a condition of a probationary licence.

For example this may occur if you incur two (2) or more demerit points or forget your driver’s licence at home after being stopped by police following a drink driving conviction.

What Happens if You Are Disqualified While Holding a Provisional Licence?

• Any disqualification “resets” your P1/P2 qualifying period (you do not progress while suspended).
• If you breach your P1 or P2 conditions and are disqualified, you may be required to resume at P1 or P2 again after the disqualification period ends.
• Driving contrary to your licence conditions (e.g., not displaying plates, driving under the influence, etc.) can attract a fine up to $1,250, plus potential further suspension.
• If you breach a condition of your provisional licence or incur four (4) demerit points you will be disqualified for six (6) months.
• If you breach a condition of your provisional licence or incur four demerit points after entering into a Safer Driver Agreement or a successful appeal, you will be disqualified for 12 months.
• If you entered into a Safer Driver Agreement or successfully appealed a disqualification within the previous 5 years you will not be eligible to another appeal to the Court or another Safer Driver Agreement.

When Will I Receive My Full Licence?

• You must be 20 or older and complete 2 years of P2 driving (unless time is reduced by the Registrar).
• Your provisional licence must not be under alcohol interlock conditions (e.g., from a serious drink driving offence).

Common Reasons for Disqualification

1. Exceeding 4 Demerit Points – P2 drivers can only accrue a small number (often 4) before automatic disqualification is triggered.
2. Breaching a “Prescribed Condition” – For example, carrying unauthorised passengers, driving with a suspended licence, or contravening alcohol restrictions, even forgetting your physical licence at home.
3. Serious Offences – For example, exceeding the speed limit by 10km/h or more, or other “serious disqualification offences”, resulting in immediate licence loss.

How Long Will I be Disqualified From Driving?

When the Registrar of Motor Vehicles cancels your provisional licence, a 6-month disqualification often follows—unless you appeal the disqualification in the Magistrates Court of South Australia in time.

Receiving the Disqualification Notice

After you breach a provisional or probationary condition, Service SA (Registrar of Motor Vehicles) typically sends a written notice. This states you are disqualified for (e.g.) 6 months.

If you do nothing, your driving licence remains suspended for that period, risking charges of driving with a suspended licence if you keep driving. This is where a drivers licence appeal can help.

Otherwise, you may face up to 1 year of imprisonment for driving whilst disqualified, even for a first offence.

Right to Appeal Licence Disqualification

Section 81BB of the Act, allows provisional or probationary licence holders to appeal a disqualification to the Civil Division of the Magistrates Court.

This is sometimes referred to as a “driver license appeal” or “hardship application“, or “appeal against disqualification“. It is also often confused with a special “work licence” that does not exist in South Australia, designed to permit driving for the purpose of employment.

Who Cannot Appeal?

• Learner Permit holders
• Previous successful appeal or safer driver agreement in the past 5 year
• Drivers who are eligible to enter into a Safer Driver Agreement Previous Safer Driver Agreement

Court Process for Appealing a Licence Suspension

1. Free 30 Minute Consultation – We evaluate your situation to determine if you may beligible for a successful licence suspension appeal.
2. Form 5A Originating Application – We lodge a Form 5A – Appeal Against Administrative Action in the Magistrates Court, along with any support documents or information to explain why you may suffer “severe and unusual hardship” if your licence is not reinstated.
3. Service on Registrar – Once lodged, your disqualification is temporarily suspended until the appeal is heard. Do not drive until you confirm with Service SA that they have processed it.
4. Hearing – You provide evidence on oath; the Crown may highlight your driving history. The Magistrate weighs whether disqualification will cause “severe and unusual hardship” and whether you’re not a road safety risk.
5. Decision – If granted, the disqualification is removed, permitting you to apply for a new licence. If refused, your suspension (often 6 or 12 months) stands.

Drivers Licence Appeal to Get Your Licence Back

To succeed in your licence appeal, you must satisfy the Court of the following:

1. Establish “Severe and Unusual Hardship“

1. • Merely “inconvenient” or “costly” is not enough.
   • You must show compelling reasons—like a total inability to keep your job, transport a disabled dependent, or maintain essential medical appointments.
   • Provide supporting documents (letters from employers, public transport timetables showing no route covers your commute, budgets reflecting a severe financial impact, and more.).
2. Prove You Are Not a Safety Risk 

• • If your past offences are highlighted (speeding, drink driving, or repeated offences), you must prove these do not indicate an ongoing danger to yourself or others on the road.

What is “Severe and Unusual Hardship”?

The court sets a high bar. Suffering inconvenience or needing to drive to get groceries often fails. Instead, consider:

• Employment – You need a licence to commute to remote worksites or for shift work, and no practical alternatives exist.
• Dependent’s Needs – Transporting a child or relative with special needs to medical sessions.
• Medical Condition – Regular hospital visits that are impossible to reach otherwise.
• No Other Option – Thoroughly gathering evidence to demonstrate that you have exhaustively explored public transport or carpool options and that they do not suffice.

What Happens After The Hearing?

If the Magistrates Court allows an appeal by a person against a disqualification, the following rules apply:

1. Any licence that the holds is cancelled, and the person is entitled to a refund as if the person were surrendering their licence.
2. The disqualification is removed and the person is entitled to apply for a licence.
3. Both provisional and probationary licence conditions will apply to the person when applying for the licence.

Limitations and Future Breaches

• If you win your hardship appeal, your old licence is cancelled but the disqualification is removed, allowing you to reapply for a new P or probationary licence (subject to additional conditions).
• Another breach (like more P2 demerit points) within the same probationary period typically cannot be appealed if it happens within 5 years of the first successful appeal.
• The Act aims to give you “one chance” to maintain driving privileges under special hardship circumstances.

Disqualification After Successful Licence Appeal

If you breach the conditions of your new licence again, the Registrar must impose a 12-month disqualification with no right of appeal.

If you are charged with a traffic offence while being the holder of a probationary or provisional licence, following a safer driver agreement or a succesful drivers licence appeal, you must not pay the expiation notice or you will be disqualified from driving.

Book a free 30 minute consultation instead to find our whether or not may keep your licence, if any defences apply or if you are able to establish that the offence was trifling in order to reduce the total number of demerit points.

How to Appeal a Licence Suspension

While the below is not intended to be a substitute for expert advice from our experienced traffic lawyers in Adelaide, we recommend:

1. Acting  Fast -File your Form 5A Originating Application before the cancellation date takes effect. If you wait too long, you will be disqualified from driving until the hearing.
2. Gathering Evidence -Employer letters, medical documentation, financial statements in order to demonstrate that you and or your dependent(s) will suffer “severe and unusual” hardship, and not simply mere inconvenience.
3. Address Driving History – Be prepared to explain that any offences were isolated or provide reasons (e.g., emergency situation). You will need to demonstrate that you are not a continued risk to yourself or other road users.
4. Legal Representation – Our expert traffic lawyers have a proven track record of helping individuals keep their licence. We will take your instructions and structure your argument, gather evidence, and advocate on your behalf at the hearing. Court procedures can be complex, and success often hinges on robust submissions.

Protect Your Future Driving

If your P1, P2, or probationary licence faces disqualification, an appeal may be your best path to keeping your driving privileges—but only if you can show “severe and unusual hardship” and reassure the court that you are not a danger to yourself or other road users.

Need Help Appealing a Licence Disqualification?

Talon Legal have a proven track record of success in appealing license suspensions throughout Adelaide and South Australia.

Do not let a single mistake cost you your livelihood. Book a free 30 minute consultation with our experienced traffic lawyers.