A good behaviour licence is a class or type of licence issued to an unrestricted licence holder who have meet and/or exceeded 13 demerit points in NSW. This licence lasts for a period of one year.
This means you get to keep your licence on the basis that you did not receive any infringements which carry 2 or more demerit points.
If you do you are then suspended for double the amount of time originally (usually 6 months).
It is important to seek legal advice before you apply for the good behaviour bond period as once you have applied you cannot withdraw your application.
You licence may also remain suspended until you complete the driver’s knowledge test and/or driver education program as determined by Transport NSW.
Eligibility for good behaviour licence
- Hold a NSW unrestricted Driver’s licence
- Suspension period has not started yet
|Demerit Points Accrued||Original Suspension||Suspension if Good Behaviour Licence Breached|
|13 to 15 points||3 months||6 months|
|16 to 19 points||4 months||8 months|
|20+ points||5 months||10 months|
Can I appeal a suspension from breaching the conditions of a good behaviour licence?
No, the courts have ruled that there is no right of appeal to vary or set aside a suspension from breaching the conditions of a good behaviour licence.
What do I do if I breach a good behaviour licence?
If you have received an infringement notice and you are on a good behaviour licence – do not pay that fine until you have sought legal advice.
There are three ways to avoid a lengthy licence suspension:
1. Review the penalty notice
This is the case of writing to the RMS and/or the Police and seeking them to review the matter and/or withdraw the infringement notice.
2. Plead not guilty
Similar to the review of the penalty notice, you can plead not guilty and have the matter determined by a court if you believe you have been given a ticket in error
3. Plead guilty with an explanation
This is where you admit the offence but essentially, falling on the absolute mercy of the court to give you a further chance.
If you are suspended, continue to drive and are caught by the Police they will likely charge you with drive while suspended.
The following penalties can apply for driving while suspended:
|Drive While Suspended|
|Maximum Imprisonment||6 months|
|Automatic Disqualification||6 months|
|Minimum disqualification||3 months|
|Second and subsequent Offence|
|Maximum Imprisonment||12 months|
|Automatic Disqualification||12 months|
|Minimum disqualification||6 months|