Demerit points, Refusal of licence and suspension in NSW

Demerit Points are part of a licensing system used by Transport for NSW formally Roads and Maritime Service (RMS). Most offences in NSW have a monetary fine and demerit point penalty attached to them.

When do I get my demerit points back & when do they reset?

These points “reset” or are not counted towards your total accumulated points in a three (3) year period. The three-year period is calculated between the dates the offences were committed and ends on the day your most recent offence.

It is important to remember however, that the offence will remain on your traffic record.

You can find out how many demerit points each offence has through the Transport for NSW (RMS) website on this page – Searching demerit point offences.

Demerit Point Limits

Suspension and/or refusal Periods

For learner, P1 and P2 licence holders the suspensions period is 3 months

I have been refused a licence what does that mean?

Transport for NSW may refuse to renew a licence after expiration if you have exceeded your demerit point allocation or committed a serious speeding offence. The period of refusal will marry with the period of suspension should you have held a current driver licence.

Can I appeal against a licence of suspension and/or refusal for an unrestricted driver licence?

No, there is no right of appeal for an unrestricted licence holder to appeal a period of suspensions and/or refusal of licence. In these cases, you only have a few options:

• Not pay the ticket that will push your demerit points over the limit and elect to take it to court. If you dispute the ticket and are found not guilty there is no penalty attached. Alternatively you would be seeking the leniency of the court to dismiss the ticket or find you guilty but issue you a non-conviction penalty.

The court has the authority and opportunity to increase the penalty to a maximum of $2,200 at court.

• Seek to obtain a good behaviour licence from Transport for NSW (RMS). This is the only option there is no such thing as a work licence.
  

  

Can I check my current demerit points?

You can check your current demerit points on Transport for NSW website here.

How will I know if my licence is going to be suspended? Will I be notified?

Transport for NSW (RMS) will send you notification via the mail of your notice of suspension and the starting date and concluding date for that suspension. The mailing address will be that which is recorded on your licence.

Depending on the rate that your points accumulate you may even receive a warning letter notifying you that you are at risk of your licence being suspended.

Do not ignore these letters there are serious penalties for driving while suspended and/or refused.

Can I get out of  licence suspension? Can I appeal?

There is the option of a good behaviour licence and this is one of the only options for an unrestricted driver.

In other instances, you can appeal your suspension and you should seek legal advice as to your prospects and ability to appeal the suspension. You need to act quickly as there are time limits in relation to your ability to appeal the suspension at court.

Your suspension period may be reduced, removed entirely or your appeal dismissed (no change to the period), it is a matter for the court.

For more information on good behaviour licences click here.

Catron Simmons Lawyers, can assist you in preparing, the application to give you the best chance of returning to driving as soon as possible.