As you may
have read from our past blogs on ‘Demerit points’ on our website, Demerit
points are ‘penalty points’ which a person would receive for certain traffic
infringement(s). Everyone who holds a valid driver’s licence starts with zero
demerit points and if they continue to drive safely without committing any
offences, they will continue having zero demerit points.
Under what
circumstances will ‘Demerit Points’ be deleted? This blog will
seek to answer the following, Frequently Asked Questions:
1.
The
Court Disqualified my Drivers licence for ‘Drink Driving’, so does that mean
that my Demerit Points are also deleted?
–
No.
It should be noted that only the Court can disqualify a driver’s licence, and
this may occur because a person committed a ‘major traffic offence’ which may
include (to name a few) dangerous driving, drink driving, drug driving,
predatory driving, etc. As such, any existing demerit point(s) are NOT deleted
just because the Court has disqualified a person from driving.
2.
I
am an Unrestricted Licence Holder (full licence driver)- Can my demerit points
be deleted if I elect to take the ‘Good Behaviour’ Licence?
Yes. This
is because section 37(1)(c) of the Road Transport Act notes that demerit points
are deleted on the commencement of the good behaviour licence period.
3.
I
recently received an on-the-spot Police Suspension for speeding by more than
45km/h over the limit and the police told me that I am banned from Driving for
6 months, does this mean that my demerit points will be deleted?
No. This
is because a police suspension of a person’s drivers’ licence does NOT delete
any existing demerits on a person’s driver’s licence. You must however receive
legal advice in relation to the accompanying fine which you receive in addition
to the on-the-spot police suspension and the repercussions which flow from that
fine.
4.
My
licence is currently suspended by TFNSW (Transport for NSW) because I have
exceeded the number of demerit points in the 40-month period (3 years and 4
months), does this mean that my demerit points will be deleted?
Unrestricted
drivers:
Section
37(1)(a) of the Road Transport Act notes that all demerit points (for
unrestricted drivers) are deleted in respect to full licence holders on the
commencement of the suspension period for exceeding the demerit point limit.
Learner
or Provisional Drivers:
Section
41A(1)(a) notes that all demerit points are deleted in relation to learner or
provisional licence holders on the commencement of the suspension for exceeding
the demerit point limit.
5.
My
demerit points have now been deleted and I have all my
points back after sitting out a licence suspension (because I had exceeded the
demerit point limit), does this mean that the offences which resulted in my
licence suspension will not show any more on my driving record?
No. Just
because the demerit points have been deleted and you now have all your points
back, that does NOT mean that any offences which you have committed will not
show on your driving record. This is because your driving record reflects any
offence which has ever been committed by you, since the date you were first issued
a driver’s licence.
Why
Choose Nicopoulos Sabbagh Lawyers to represent you in
your Traffic Law Matter?
Nicopoulos Sabbagh Lawyers are the leading
Law firm in Traffic Law matters as our office appears at all Courts in NSW on a
regular basis in ALL Traffic Law matters. No matter is too complex for the team
so be sure to book your first Free Consultation today!
It is very
important that you speak with a lawyer so that you can get the appropriate
legal advice which you require prior to going to court.
Our
team of experienced solicitors are there for you and can help you answer all
your questions, so be sure to contact Nicopoulos
Sabbagh Lawyers.
*This
article correctly reflects the Laws of NSW as at 12th
November 2024.
*Please
note that this page or any other pages on our website (including any other
social media platforms for Nicopoulos Sabbagh
Lawyers) are not to be considered as a substitute for legal advice or even
other professional advice. It should also be noted that accessing of this
information from this website does not create a client-lawyer
relationship.