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? |
Section 36 of the Act provides that a full licence holder who has accrued or exceeded his or her demerit point limit may apply for a good behaviour licence, instead of being suspended from driving.
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? |
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.