Overview
By assigning demerit points for a variety of driving offenses, the Demerit Points Scheme aims to promote safe and responsible driving. Demerit points offer a powerful incentive for drivers to follow other traffic laws and drive within stated speed limits in addition to financial penalties. The New South Wales Roads and Maritime Service has the authority to suspend a driver’s license if they accrue more demerit points than permitted.
| Licence Type | Demerit Point Limit |
|---|---|
| Professional Driver Licence | 14 points |
| Unrestricted (Full) Licence | 13 points |
| Provisional P-2 Licence (Green P-plate) | 7 points |
| Provisional P-1 Licence (Red P-plate) | 4 points |
| Learner Licence | 4 points |
| Unrestricted Licence Holder with a Good Behaviour Period. | 2 points within terms of good behaviour period. |
Suspension period when demerit point limit reached
Depending on the license, the license suspension time that takes effect when the maximum number of demerit points is reached.
Professional Driver Licence
A professional driver’s license will be suspended if they accumulate 14 or more demerit points in any three-year period. The length of the suspension is determined by the number of points accumulated.
When a professional driver reaches the maximum number of demerit points, the following suspension period is in effect:
- 4 to 15 demerit points – licence suspension for three months;
- 16 to 19 demerit points – licence suspension for four months;
- 20 or more demerit points – licence suspension for five months.
Unrestricted Licence
A person with an unrestricted license will have their license suspended if they accumulate 13 or more demerit points in a three-year period. The length of the ban is determined by the number of points earned.
When an unrestricted driver reaches the maximum number of demerit points, the following suspension period is in effect:
- 13 to 15 demerit points – licence suspension for three months;
- 16 to 19 demerit points – licence suspension for four months;
- 20 or more demerit points – licence suspension for five months.
Provisional P-2 Licence (Green P-Plate)
A Provisional P-2 license holder whose record includes seven or more demerit points will have their privileges suspended for three months. P-2 drivers must maintain their P-2 license for an additional six months for each suspension they experience due to demerit points or a high-risk offense.
Provisional P-1 licence (Red P-Plate) or Learner Licence
A driver with four or more demerit points who is operating on a Provisional P-1 or Learner license will have their license suspended for three months.
Unrestricted Licence Holder with a Good Behaviour Period
A person with an unrestricted license who is under a good behavior term and accrues two or more demerit points in a year will have their license suspended for twice as long as the RMS originally intended.
Right of appeal for demerit point suspensions
Depending on the type of license a driver was on, they may be able to challenge a suspension of demerit points.
Unrestricted (Full) Licence
A change to their suspension cannot be requested by holders of unrestricted licenses who have collected 13 or more demerit points through a local court appeal. These drivers have only these choices accessible to them.
One of three options is to:
1. finish/complete the suspension time/period,
2. apply for a good behavior license through the RMS, or
3. apply for professional driver status, albeit there are restrictions on the issuance of such licenses.
1. Completing the Suspension Period
When the maximum number of demerit points is reached or surpassed, the RMS Letter of Suspension is sent. If the driver chooses to complete the imposed suspension period, they must not drive for the time period specified in the letter. The motorist must get in touch with the RMS when the pertinent suspension time is up to make sure they are qualified to have their license suspension lifted. The accumulated demerit points that resulted in the suspension being issued will be reset to zero once this is done.
2. Applying for a Good Behaviour Licence
If a driver decides to seek for a “Good Behaviour” license, they must submit their application to the RMS prior to the start date of the planned suspension period. Once the motorist has achieved or exceeded their demerit point limit, the RMS will inform them of this date in a letter. If accepted, a 12-month Good Behaviour Licence will take the place of the penalty time given for exceeding the demerit point cap. The 12-month suspension penalty that is given for exceeding the demerit point cap is customarily in place. Prior to the start of this period, drivers must pick their choice. This good behavior license/12-month suspension period is severely enforced. While the 12-month good behavior license is in effect, a motorist may continue to operate a vehicle. However, if they should accrue two or more points during that time, their driver’s license will be suspended for twice as long as it was initially suspended.
3. Applying for Professional Driver Status
If a driver has accrued exactly 13 demerit points and is either a driver who carries products or an authorized taxi, bus, or hire vehicle driver who drives for a living, their application for a professional driving license will only be taken into consideration. In the event that their application is approved, they will be assigned a 3-year threshold of 14 points rather than 13.
Provisional (P-1 and P-2) and Learner Licence holders
A driver may appeal the suspension to the Local Court if they accrue seven or more demerit points (P-2 drivers) or four demerit points (P-1 or learner drivers).
Appeals to the court
The three options available to the court on appeal are:
1. Dismiss the appeal
2. Dismiss the appeal but vary the suspension
3. Uphold the appeal
1. Dismiss the appeal
The motorist who has been suspended must finish the period of suspension that was initially given by the RMS. The suspension will remain in effect. The Court can decide whether this time period will start right away or at a later time. The driver’s demerit points will then be reset in accordance with the violations that led to the suspension.
2. Dismiss the appeal but vary the suspension
In this case, the driver offers the court enough justification for a suspension variation but is unable to persuade it that their appeal has merit. The court will shorten the suspension period to whatever time it determines to be reasonable in the circumstances. The offence(s) that led to the suspension, the driver’s driving history, the requirement for a license for employment, as well as other criteria like whether they are a caretaker or have other social responsibilities that require them to be able to drive, will all be taken into consideration by the court. The demerit points against the driver’s license will be reset in accordance with the offenses that led to the suspension once they have completed the applicable period of suspension. The start of the suspension period may also be determined by the court.
3. Uphold the appeal
The suspension period will be canceled if the court concurs. The suspension’s underlying demerit points, though, won’t be reset. The driver will also need to exercise extreme caution moving forward because any further demerit points will result in the suspension of their license until the penalty expires and the demerit points are removed. Every three years from the date of the offense, demerit points are reset.
Additionally, the RMS may order a driver to complete the following if they receive two suspensions due to accrued demerit points while holding a Provisional License:
1. A driver’s knowledge test; or
2. A driver education program; or
3. Both.
There is a filing fee for any license suspension appeal filed with the Local Court. The filing of license appeals is also subject to rigorous deadlines.
Unrestricted licence holder with a good behaviour licence
If a motorist with a good behavior license commits an offense that carries two or more demerit points and pays the punishment (which constitutes acknowledgment of guilt), there are no other appeals that can be made. In this instance, the driver’s license suspension will last for twice as long as it did before.
The driver may have the option to choose to have the case heard in court if they choose not to pay the fine. No demerit points are assessed in this case and the good behavior license is kept in effect until it expires should the court decide to dismiss the case in accordance with section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) or find the offense not proved.
On the RMS website, the NSW government gives additional details about demerit point offenses and NSW licenses.
Demerit points nationally
Regardless of the state that awarded the license and the state where the demerit point was recorded, any state or territory’s demerit points will appear on the license holder’s driving record.
Legislative support for the Scheme in NSW is given by the Road Transport Act 2013 (NSW) and the Road Transport (Driver Licensing) Regulation 2008 (NSW).
Regardless of the traffic issue at hand, drivers who face having their licenses suspended should call the Dot Legal Lawyers Traffic Law team at (1800) 368534 right away to get the best legal advice on how to reduce the fine levied and reduce the inconvenience and expenses of a license suspension.
