How long does it take to get demerit points back in New South Wales?
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:
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Number of demerit points incurred within previous 3 years
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Period of licence suspension
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13 (or 14 in the case of a professional driver) to 15
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3 months
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16 to 19
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4 months
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20 or more
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5 months
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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:
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Demerit Points
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Original Suspension
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Suspension for a breach on a good behaviour licence
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13 to 15
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3 months
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6 months
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16 to 19
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4 months
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8 months
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20 or more
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5 months
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10 months
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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?
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Republished with permission from Sydney Criminal Lawyers.