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.

 

Good behaviour licence

Eligibility for good behaviour licence

  • Hold a NSW unrestricted Driver’s licence
  • Suspension period has not started yet

 

Suspension Periods

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.

 

Suspension Penalties

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
First Offence
Maximum Fine $3,300
Maximum Imprisonment 6 months
Automatic Disqualification 6 months
Minimum disqualification 3 months
Second and subsequent Offence
Maximum Fine $3,300
Maximum Imprisonment 12 months
Automatic Disqualification 12 months
Minimum disqualification 6 months

 

 

Apply here to the RMS application page

Need legal advice? Catron Simmons can help.