Demerit points are the NSW Government’s main tool for keeping dangerous drivers off the road. One careless moment on Parramatta Road, the M4, or even a quiet street in Burwood can add points to your licence – and once you hit the limit, the consequences arrive quickly: automatic suspension, good-behaviour licence applications, or even permanent loss of licence for repeat offenders.
At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers we help hundreds of Sydney drivers every year fight demerit-point suspensions, appeal unfair infringements, and secure good-behaviour licences so they can keep working, caring for family, or simply getting around the city. This guide explains exactly how the demerit-point system works in NSW right now (January 2026), what triggers points, how long they stay active, the thresholds that cause suspension, and the most effective ways to challenge or minimise the damage.
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. For legal Advice, please be sure to contact our office at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.
How Demerit Points Are Allocated
Every traffic infringement that carries demerit points is listed in Schedule 3 of the Road Transport (Driver Licensing) Regulation 2017 (NSW). The most common offences Sydney drivers face include:
- Using a mobile phone while driving → 5 points
- Not wearing a seatbelt / child-restraint offence → 3 points
- Speeding 10 km/h or less → 1 point
- Speeding 11–20 km/h → 3 points
- Speeding 21–30 km/h → 4 points
- Speeding 31–45 km/h → 5 points
- Speeding more than 45 km/h → 6 points
- Disobeying traffic lights / stop sign → 3 points
- Driving an unregistered / uninsured vehicle → 3 points
- Low-range PCA (0.05–0.079) → 3 points
- Mid-range PCA (0.08–0.149) → 6 points
- High-range PCA (≥0.15) → 7 points
- Negligent driving (no injury) → 3 points
- Dangerous driving (no injury) → 5 points
Double demerit periods (public holidays, long weekends, school holidays) double these figures – so a mobile phone offence during Easter can suddenly cost 10 points.
Current Demerit-Point Thresholds (2026)
The thresholds that trigger automatic licence suspension have not changed since the major 2017 reforms:
- Full licence holders → 13 points or more within 3 years → 3-month suspension
(second time within 5 years → 6-month suspension) - Learner & P1 provisional licence holders → 4 points or more within 3 years → 3-month suspension
- P2 provisional licence holders → 7 points or more within 3 years → 3-month suspension
Once suspended, you must hand in your licence immediately. Driving during suspension becomes the separate (and far more serious) offence of driving while suspended/disqualified under Road Transport Act 2013 s 54.
How Long Do Demerit Points Stay on Your Record?
- Demerit points remain active for 3 years and 4 months from the date of the offence (not the date you were convicted or paid the fine).
- After 3 years and 4 months they drop off automatically.
- Points are not removed early even if you complete the Traffic Offender Intervention Program (TOIP) or any other course – TOIP helps only with sentencing leniency, not point removal.
How to Fight Demerit Points & Suspensions
You can reduce or eliminate points by challenging the original infringement but it is highly recommended that you obtain legal advice prior to doing so.
- Elect to have the matter heard in court (within 28 days of the Penalty Notice)
- Police must prove the offence beyond reasonable doubt
- Section 10 non-conviction order
- If the magistrate finds the offence proven but dismisses it under Section 10 of the Crimes (Sentencing Procedure) Act 1999, no demerit points are recorded
- Very strong prospects in low-level matters (e.g., 10 km/h over the limit, momentary mobile phone use) with clean history + completed TOIP
- Appeal a suspension
- If you are a L, P1 or P2 licence holder, Transport for NSW you can apply to the Local Court under s 267 Road Transport Act 2013
- Grounds: exceptional hardship (loss of job, inability to care for family, medical needs)
Contact Us Before You Lose Your Licence
If you’ve received a Penalty Notice, Notice of Suspension, or good behaviour licence refusal and you rely on your licence for work or family, act quickly – the 28-day election window closes fast.
Call Nicopoulos Sabbagh Lawyers today on 0427 101 499 or 02 9793 7016, email info@nslaw.net.au, or visit www.nslaw.net.au to book a free initial consultation.
We appear daily in Sydney traffic courts (such as: Downing Centre, Parramatta, Blacktown, Burwood).
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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 Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your first Free Consultation today!
GOING TO COURT?
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 your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.
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*This article correctly reflects the Laws of NSW as of 18th January 2026.*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.