The Road Transport Act 2013 (NSW) offers a way for full licence holders who have gone over the allowable amount of demerit points to apply for a 12-month good behaviour licence instead of having their driving privileges revoked. This is pursuant to Section 36 of the Road Transport Act 2013 (NSW).
To be eligible and apply for a good behaviour licence in NSW, you must satisfy the following conditions:
You can apply for a Good Behaviour Licence either through the Service for NSW website or at a service centre. For this, you’ll need your driver’s license and a copy of your licence suspension notice. The suspension notice provides details on the option of opting for a Good Behaviour Licence and if it is available to the license holder.
The condition of a good behaviour licence is that you cannot accrue two or more demerit points during the 12 months period of the licence. This is known as the good behaviour period.
If you breach the conditions of your Good Behaviour Licence, your driver’s license will be suspended for a period of time double the original suspension period. This length of time is determined by the number of demerit points accumulated. This is shown below;
|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|
If you breach the conditions of your good behaviour licence you cannot appeal against the suspension of a good behaviour licence. That is, you cannot appeal to the Local Court of New South Wales for breaching your good behaviour licence in NSW.
In order to prevent a period of Suspension, you must either choose to bring the offense to court and be acquitted, or admit guilt and either receive a dismissal under Section 10(1)(a) of the Crimes (Sentencing Procedure) Act or receive a CRO without conviction.
This requires for you to have the original infringement notice, or the penalty notice to be elected to go to court. If you choose to take the case to court and accept guilt, the court could choose to not record your conviction. The court could take into consideration certain elements when making this decision.
Section 10 orders are a criminal sanction a magistrate or judge can impose at sentencing. Under the Crimes (Sentencing Procedure) Act 1999 (NSW) a court can find the accused guilty without a criminal conviction. These orders can include conditions.
Conditional Release Order can deal with first time and less serious offences where the offender is unlikely to present a risk to the community.
The benefit of CROs is that the court can impose conditions such as drug and alcohol abstention, programs, non-association requirements or place restrictions where appropriate. CROs can also have a supervision condition. Courts have discretion to impose a conviction on a CRO, if they consider it appropriate. CROs can be imposed for a period of up to two years. If an Individual commits any further offences while on a CRO, subsequent penalties may be more severe.
In New South Wales, despite what many people think, it is not possible to have a “work licence” or a “restricted licence”. If one breaches a good behaviour licence and it is suspended, then they are not allowed to drive for any reason; this includes for work or another purpose. If one does drive while suspended, they risk being fined heavily, disqualified and even convicted of a criminal offence.
Other states in Australia will usually inquire whether you have any suspension or disqualification periods in other states or territories that have not yet been resolved. Providing false information on driver’s license applications is a criminal act punishable by prosecution and jail time.
If you need to go to court for an alleged traffic offence, you can contact one of our traffic lawyers in Sydney. They will give you free 15 minute initial consultation with a knowledgeable, expert traffic lawyer who will be able to tell you what your options are and how to get the best result for your particular case. They will also work hard to get the best outcome for you.