In New South Wales, drivers incur demerit points if they commit driving offences. These points are recorded against the driver’s licence in addition to the imposition of a fine and sometimes a term of imprisonment. The demerit point system is designed to give drivers an incentive to obey the road rules and comply with speed limits. A driver who accrues more than the maximum number of demerit points allowed may have their licence suspended by NSW Transport.
Demerit point limits
The demerit point limit that applies depends on the type of licence a person holds. The suspension period that applies when the demerit point limit is reached is also different for different licences.
The demerit limits and the suspension periods that apply to each licence class are set out in the table below.
| Licence | Demerit point limit | Suspension period |
|---|---|---|
| Unrestricted licence | 13 points | 3 months if 13 to 15 points are accrued, 4 months if 16 to 19 points are accrued, 5 months if 20 or more points are accrued |
| Professional driver | 14 points | 3 months if 14 or 15 points are accrued, 4 months if 16 to 19 points are accrued, 5 months if more than 20 points are accrued |
| Provisional P2 licence | 7 points | 3 months plus an additional 6 months on a P2 licence |
| Provisional P1 licence | 4 points | 3 months |
| Learner licence | 4 points | 3 months |
| Unrestricted licence during a good behaviour period | 2 points | Twice the length of the original suspension period |
Appealing demerit point suspensions
Whether a driver can appeal a demerit point suspension depends on the type of licence they held.
Unrestricted Licences
A driver on an unrestricted licence who has accrued more than 13 demerit points cannot appeal to the Local Court for a variation of their licence suspension. A driver in this situation may:
- to complete the suspension period; or
- to apply for a Good Behaviour Licence through the RMS; or
- to apply for Professional Driver status.
Completing the suspension period
If a driver decides to complete the suspension period, they must refrain from driving for the period of the suspension. Once the suspension period is over, they should contact the RMS to ensure they are eligible to have their licence suspension lifted. When this has occurred, the demerit points will be re-set to zero.
Applying for a Good Behaviour Licence
If a driver applies for a Good Behaviour licence, they must do so before the date that the suspension period begins. If the application is accepted, the suspension period will be replaced by a 12-month Good Behaviour Licence.
During this 12-month period, the person may continue to drive but if they accumulate two or more demerit points while the Good Behaviour Licence is operative, their licence will be suspended for double the original suspension period.
Applying for professional driver status
A person may apply for a Professional Driver Licence if they were on an unrestricted licence and accrued exactly 13 demerit points and they are:
- a driver who transports goods; or
- an accredited bus, hire car or taxi driver who drives to earn their living.
If a person is granted professional driver status, their demerit point limit will be raised to 14 points instead of 13 points.
P1, P2 and learner licences
A P2 driver who accrues seven or more demerit points or a learner or P1 driver who accrues four demerit points may appeal against the suspension to the Local Court. As licence suspensions for drink driving offences are imposed by Transport NSW on a discretionary basis, appeals against suspensions after speeding offences are common.
The Local Court may:
- Dismiss the appeal
- Dismiss the appeal but vary the suspension
- Uphold the appeal and vary the suspension
If an appeal is dismissed, the driver will have to complete the suspension period originally imposed by the RMS. The court may order that this period is to commence immediately or from a future date.
If a driver’s appeal is dismissed but the suspension period is varied, the court has been unconvinced of the merit of the appeal but has provided sufficient reasons why the suspension period should be varied. The suspension period will be reduced to the term that the court considers appropriate in all the circumstances.
Where the court accepts the appeal, the suspension period will be cancelled. However, the demerit points that resulted in the suspension will not be reset. This means that the driver will need to be extremely careful as any additional demerit points that are incurred will result in their licence being suspended.
The national demerit points system
Demerit points that a driver accrues in any state or territory of Australia are reflected in their driving record regardless of where the licence was issued and where the demerit point was recorded.
If you require legal advice or representation in any legal matter, please contact Taylor Rose.
