The demerit point scheme in New South Wales is regulated by Part 3.2 of the Road Transport Act 2013, and its related regulations.
How many demerit points do I have to accrue before I am suspended from driving?
The law states that a driver will have their licence suspended if he or she accrues a specific number of demerit points within a three year period.
The number of points relating to each licence type are as follows:
- Unrestricted licence: 13 points
- Professional driver: 14 points
- Provisional P2 licence: 7 points
- Provisional P1 licence: 4 points
- Learner licence: 4 points
How long will I be suspended if I accrue these points?
Section 33 of the Act prescribes the following periods of suspension in the event demerit points are accrued or exceeded:
|Number of demerit points incurred within previous 3 years||Period of licence suspension|
|13 (or 14 in the case of a professional driver) to 15||3 months|
|16 to 19||4 months|
|20 or more||5 months|
Can I elect to have a good behaviour licence?
This licence lasts for a period of 12 months.
If a driver accrues two or more demerit points while on a good behaviour licence, he or she will be suspended from driving in accordance with the following table:
|Demerit Points||Original Suspension||Suspension for a breach on a good behaviour licence|
|13 to 15||3 months||6 months|
|16 to 19||4 months||8 months|
|20 or more||5 months||10 months|
How long does it take to get my demerit points back?
According to the Act, demerit points are subject to deletion 3 years after the date of the offence for which the points are accrued.
So, for example, if 3 demerit points are accrued for an offence of speeding by more than 10km/h but not more than 20km/h on 5 April 2021, those demerit points are subject to deletion 3 years after 5 April 2021; although, for administrative reasons, the RMS may exercise discretion to add a reasonable period, to allow for payments and potential appeals.
According to the RMS website, this period may be an additional 4 months.
The Act also states that all demerit points are deleted upon the commencement of any driver licence suspension.
Going to court for a traffic offence?
If you are going to court over a traffic offence, call Sydney Criminal Lawyers anytime on (02) 9261 8881 for expert advice and formidable representation by one of our experienced traffic lawyers.