Holders of unrestricted driver licences in New South Wales may elect to obtain a good behaviour licence rather than serve out their driver licence suspensions.
What is a good behaviour licence in New South Wales?
Section 36 of the Road Transport Act 2013 (NSW) provides a mechanism whereby full licence holders who have exceeded their demerit point limit may apply for a good behaviour licence for a period of 12 months instead of being suspended from driving.
Am I eligible?
To be eligible for a good behaviour licence, you must:
- Hold a full driver licence,
- Have exceeded your demerit point limit,
- Not have commenced your period of suspension, and
- Apply through the RMS.
How can I apply?
Applications for a good behaviour licence can be made through the Roads and Maritimes Services (RMS), either in person at Service NSW or online.
You must apply in person if there are less than two business days before your suspension begins.
What do I need to apply?
In order to apply for a good behaviour licence, you will need:
- Your unrestricted driver licence, and
- Your notice of suspension.
How long does it last?
A good behaviour licence last for 12 months.
What happens if I breach it?
If you accrue two or more demerit points while you’re on a good behaviour licence, you’ll be suspended from driving for twice the period of your original suspension.
The table below lists the original suspension periods that apply to exceeding the demerit point limit, followed by the suspension periods that would apply for then breaching the good behaviour licence.
|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|
Can I appeal the suspension of a good behaviour licence?
No. There is no avenue of appeal against the suspension of a good behaviour licence.
What if I didn’t commit the offence that caused me to breach my licence?
If you did not commit the offence that led you to breach your good behaviour licence (eg speeding), you can elect to take the matter to court and contest the penalty notice.
If the court agrees and finds you not guilty, you will not have breached your licence.
What happens to my demerit points?
Section 37 of the Road Transport Act 2013 provides that all demerit points recorded against a person on the date of a notice of suspension or ineligibility are deleted of the date of the suspension, ineligibility or good behaviour licence commencing.
However, demerit points are not deleted where they are incurred after the notice of suspension or ineligibility has been received, or a good behaviour licence election has occurred, but before the suspension, ineligibility or good behaviour licence has commenced.
Need traffic law advice?
If you are after expert legal advice about your situation, call Sydney Criminal Lawyers anytime on (02) 9261 8881 to arrange a consultation with an experienced traffic lawyer who will advise you of your options and the best way forward.