In this article, we will explain
to you the demerit point system in NSW and give you a quick breakdown of the
number of points each licence holder has in NSW.
What are demerit points?
When an offence is committed, an
offence which carries demerit points a person will be issued with a penalty
notice. Once the penalty notice is paid, the demerit point(s) will be added to
the Driver’s record.
If a person incurs the threshold
number of demerit points within a three-year period, a licence suspension will
be applied to that person’s driver’s licence.
A driver who has not
committed any offences has 0 demerit points.
DEMERIT POINTS THRESHOLD?
We have previously mentioned that
once the threshold number of demerit points is incurred within a three-year
period, a licence suspension will be applied to the person’s driver’s licence.
Below is a breakdown of the demerit point threshold for each type of driver’s
licence:
–
Professional Drivers– 14 points
–
Unrestricted Licence– 13 points
–
P2 (Provisional Licence)– 7 points
–
P1 (Provisional Licence)– 4 points
–
Learner Licence– 4 points
–
A holder of an Unrestricted Licence
who has elected to be on a Good Behaviour Licence– 2 points for the entire duration of the good behaviour period.
UNRESTRICTED LICENCE
HOLDERS.
Once a holder of an Unrestricted Driver’s
Licence exceeds the demerit point limit Transport for NSW will send the Licence
holder a ‘Notice of Suspension’ or a ‘Notice of Refusal’ and the notice will
specify the commencement date of the suspension (or refusal).
The period of any suspension will
be contingent on the number of demerit points which have been accumulated in a
period:
·
If an unrestricted licence holder
accumulates 13 to 15 demerit points:
3 months
·
If an unrestricted licence holder
accumulates 16 to 19 demerit points:
4 months
·
If an unrestricted licence holder
accumulates 20+ demerit points:
5 months
It should be noted for
unrestricted licence holders that there is no right of appeal to the Local
Court against the decision of Transport for NSW to suspend or refuse an
unrestricted driver’s licence. However, it should also be noted that holders of
an unrestricted driver’s licence (only) who exceed the threshold demerit point
limit have the option of electing to hold a Good Behaviour Licence to avoid
sitting out (any) period of suspension.
PROVISIONAL LICENCE HOLDERS- P1
& P2
P1 & P2 licence holders have a
right of appeal against a decision of Transport for NSW for the suspension or
refusal of a Provisional Drivers licence.
This means that if a holder of a
P1 or P2 (provisional) drivers licence exceeds their demerit threshold limit,
the provisional licence holder can lodge an appeal against the decision of
Transport for NSW. Once your Appeal document(s) have
been filed at the Court Registry (or in some cases Online) you will be given a
Court date and you must attend that Court date to have your matter dealt with.
One common question which we
receive day to day is…
‘‘If I don’t pay the fine
& Elect to Take the Fine to Court, will I avoid demerit points?’’
If you elect to take a fine to
court and the court deals with your matter by way of a ‘section 10’ or by way
of a ‘Conditional Release Order without recording of a conviction’ then yes,
you will avoid the demerit points as well as the fine payable.
However, if you take the fine to court and the Court convicts you
(or in other words) the court does NOT deal with your case by way of a ‘section
10’ or by way of a ‘Conditional Release Order without recording of a conviction’,
then you will incur the demerit points and you will have to pay the fine which
you received originally.
Did you know that if the court
convicts you of the fine which you elected to take to court, in some instances,
the Court can increase the fine or even order that you be disqualified from
driving in rare circumstances! It should be noted that the court also has the
power to decrease the original fine which you have incurred therefore it is
critical that you obtain advice from a legal practitioner and provide your
lawyer with a copy of an updated driving record prior to electing to take any
fine 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 Nicopoulos Sabbagh Lawyers.
*This
article correctly reflects the Laws of NSW as at 9th
November 2022.
*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.