How long does it take to get back Demerit Points in NSW?
The demerit points system is a national program promoting safe and responsible driving across Australia. In New South Wales, this is regulated by Part 3.2 of the Road Transport Act 2013. Demerit points in NSW are penalties that are accompanied by a fine received upon committing road offences. Drivers initially have 0 demerit points, whereby committing offences whilst driving may add demerit points to your record.
Demerit Point Limits
The demerit threshold is the number of demerit points you can accumulate before suspension or refusal to renew your license. The law states that a driver will have their licence suspended if they accrue a specific number of demerit points within a three-year period.
The number of points relating to each license type is as follows:
- Learner Licence: 4 points
- Provisional P1 licence: 4 points
- Provisional P2 licence: 7 points
- Unrestricted licence: 13 points
- Professional driver: 14 points
How long will I be suspended, and when will I get my points back?
The following suspension periods are specified by Section 33 of the Act:
Number of demerit points incurred within previous 3 years | Period of licence suspension |
13 (or 14 in the case of a professional driver) to 15 | 3 months |
16 to 19 | 4 months |
20+ | 5 months |
Demerit points in NSW stay active on your license for 3 years starting from when the points were accumulated. After the 3 years, the demerit points are no longer active on your license and won’t accumulate with further offences.
For example, if you’ve lost 5 demerit points for speeding over 30km/h but not more than 45km/h on 10 July 2022, those 5 points are subject to deletion after 10 July 2025. However, the RMS may add up to 4 months to allow for payments and possible appeals. The Act also states that all demerit points are removed upon the commencing date of a license suspension.
All demerit points accrued while driving stay on your driving record even after the 3 years. Old demerit points may become a point of consideration by the Court when deciding the severity of your penalty.
What can I do?
Accumulating demerit points in NSW could result in you having no license or being extremely close to having your license suspended. In these instances, you may want to:
Elect for good behaviour License
Unrestricted license holders who have exceeded their demerit threshold apply for a good behaviour license. You can apply for a good behaviour period through the RMS online or in person. This license holds a condition whereby during the 12 months, you’re not allowed to accumulate two or more demerit points.
If you accrue 2 or more demerit points, your license will be suspended calculated by the following table:
|
Demerit Points Accrued |
Original Suspension |
Suspension if Breached |
|
13 to 15 |
3 months |
6 months |
|
16 to 19 |
4 months |
8 months |
|
20+ |
5 months |
10 months |
Upon completion of your good behaviour period, all demerit points recorded against a person on the date of a notice of suspension or ineligibility are deleted.
Go to Court to challenge an offence or suspension
You have the right to appeal an immediate licence suspension in Court. You can elect to do so by:
- Applying through Service NSW; or
- Attend your Local Court Registry to file in person.
After receiving the Notice of Suspension, you have 28 days to lodge your appeal online or in person. You may also elect to go to Court about your speeding fine in NSW, plead guilty, and ask the magistrate for a lesser penalty. However, a Court may impose a more significant penalty in certain circumstances.
If you or someone you know are looking to attend Court for a speeding fine NSW offence or appeal a license suspension. be sure to contact a traffic lawyer.
