Traffic Lawyer | What is the NSW Demerit Points System |Licence Suspensions | Good Behaviour Licences
How Does It All Work?
As a driver of a car or motorcycle in New South Wales it is critical you understand and appreciate the demerit points system.
This system could affect your driving privileges if you accumulate too many demerit points while driving on the road.
The object of the demerit points system is to incentivise safe driving and equally discourage dangerous driving conduct and behaviours that can lead to devastating outcomes such as injury and death.
There are a few things you should know about the demerit points system in New South Wales.
How Does the Demerit System Work?
The demerit points system is a scheme in New South Wales regulated by Part 3.2 of the Road Transport Act 2013.
As a driver, if you commit a traffic offence, you will, in addition to a fine, receive demerit points off your drivers/riders licence.
These demerit points are only incurred after you pay the fine, which is essentially an admission of guilt that you committed the offence.
Depending on how serious the offence will determine how many points you lose from your licence.
If you receive a certain amount of points, you might will receive warnings from the traffic authority, Transport for NSW who regulates and manages the fine and demerit points system.
If you accumulate too many demerit points over a three-year period you will be suspended from driving, the starting point is three months suspension.
The amount of points that trigger a suspension depends on what kind of drivers licence you have. The number of points for each licence are as follows:
- Unrestricted licence – 13 points
- Professional driver – 14 points
- Provisional P2 driver: 7 points
- Provisional P1 driver: 4 points
- Learner licence: 4 points
Periods of Suspension
Section 33 of the Act provides the following periods of suspension in the event demerit points are accrued or exceeded:
- 13 (or 14 in the case of a professional driver) to 15 – 3 months suspension
- 16 to 19 points – 4 months suspension
- 20 or more – 5 months suspension
Driving while Suspended
If you get caught driving while suspended from driving either because of accumulating too many demerit points or for a fine-default, it is a criminal offence underL
- Section 54(3) of the Act – Driving while suspended from driving (other than non-payment of fines) OR
- Section 54(5) – Driving while suspended from driving (for non-payment of fines) of the Act.
The maximum penalty for a first offence is 30 penalty units (or $3,300) or 6 months imprisonment or both or 50 penalty unity ($5,500) or 12 months imprisonment or both for a second or subsequent offence.
What is a Good Behaviour Licence
Section 36 of the Act provides that a full licence holder who has accrued or exceeded their demerit point limit and been sent a suspension notice, they may elect to apply for a good behaviour licence, instead of being suspended from driving.
You need to apply before your suspension starts and meet the conditions of the good behaviour period for 12 months.
- If you get 2 or more demerit points during the 12 months, all your licences will be suspended for double the original suspension period.
- After the 12 months, the demerit points on your suspension notice will be cleared from your licence, unless you:
- get 1 demerit point during the 12 months period and or
- have other points not listed in your suspension notice.
If these points take over the 13 demerit point threshold you will receive a new suspension notice.
What Offences carry Demerit Points
The most common are speeding offences, going through a yellow or red light, not wearing a seatbelt, and using a mobile phone (talking or texting on your mobile), riding a motorised scooter, just to name a few…
Check your Points
Drivers should check their points to make sure you don’t go over the limit. If you want to check your demerit point balance got to the Service NSW website or contact Transport for NSW
Have you committed a traffic offence in New South Wales?
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What to do next?
If you have been issued a licence suspension notice call Richard McDonald of McDonald Law on 0411 460 034 or (02) 8824 4736 or email [email protected] or [email protected] for expert advice about driving penalties, demerit points, and your risk of disqualification.
We will be able to assist you, provide you with honest feedback, and give you practical options to plan, prepare and resolve your case.
We can represent you at all levels of the court system in:
- Licence offences
- Speeding offences
- Drink driving offences
- Driving under the influence of drugs
- Driving whilst disqualified or suspended
- Negligent driving
- Negligent driving causing death or grievous bodily harm
- Driving in a Manner Dangerous
- Menacing driving
- Dangerous driving
- Dangerous driving causing death or grievous bodily harm
- Predatory Driving
- Burnout Offences
- Drag Racing and Racing Offences