Key Takeaways

  1. How to do a demerit point check NSW.
  2. How to check my demerit points.
  3. Demerit points for demerit point offences in NSW list.
  4. Demerit points for speeding NSW list.
  5. Red light demerit points NSW list.
  6. Double demerit points list.
  7. P & L plate demerit points table.
  8. List of demerit point suspensions for passing demerit point thresholds within a 3-year period range from 3-5 months depending on your licence class.
  9. Demerit points reset at the start of a suspension period, good behaviour licence period or the expiration of 3-years from date of your last demerit point offence.
  10. When you can go on a good behaviour licence if facing a demerit point suspension notice.
  11. Consequences & options if a good behaviour licence is breached.
  12. Only a P or L plater can appeal a suspension due to a breach of a good behaviour licence.
  13. Demerit point suspension appeals in NSW & can I appeal a demerit point suspension?
  14. A full licence holder cannot appeal a demerit point suspension unless the demerit point suspension is due to speeding more than 30 or 45km/h.
  15. The demerit point suspension will not take effect if you appeal it until a court determination is made.
  16. Outline on the possible outcomes of a demerit point suspension appeal in court.

Demerit Point Check NSW

A demerit check will show any active demerit points accumulated in the last three years and four months. The extra four months is there to allow for any time lapse in unpaid fines and appeals processes to be included into your driving record.

Each driver in NSW commences with zero demerit points. Demerit points then start accumulating as demerit point offences are committed over time. These demerit points are then recorded on your driving record.

If you exceed the demerit point threshold for your type of driver licence within a three-year period, you will be issued with a notice of suspension.

You can check your demerit points online with the MyServiceNSW account. To check demerit points online

To do this, you must create an account with MyServiceNSW. You will also require your NSW driver licence details or the number plate of a registered vehicle in your name. There are 139 Service NSW locations that you can attend to check your demerit points, if you do not wish to do it online. You will need to show your NSW drive licence for this.

You can only conduct your own demerit point check, not someone else’s.

Check My Demerit Points

How to check my demerit points? You can do this in one of two way:

  1. Online demerit point check: This is the easiest and quickest way. Simply go to the Service NSW website, and click on the “check online” button at the bottom of the screen. You will be required to create a MyServiceNSW Account to log in. During this process, you must enter your NSW driver licence or vehicle registration details. Then accept the terms and conditions when prompted. You will only need to do this once. You will then be provided with your demerit points record online.
  2. Attend a Service NSW centre with your driver licence and request for a copy of your demerit points in person. There are 139 service centres to pick from. Click here to find your nearest Service NSW centre.

Demerit Points | Demerit Points NSW List

The below table outlines the demerit points for some common and not so common demerit point incurring offences in NSW.

Table: demerit points for demerit point offences in NSW

WHEN DO DEMERIT POINTS RESET NSW?

Demerit points reset in any of the following circumstances:

  1. At the commencement of your period of suspension, if you’ve been issued with a suspension by Transport for NSW,
  2. On the determination of an appeal, if you’ve lodged an appeal in relation to the licence suspension,
  3. At the commencement of the good behaviour licence period, if you’ve elected this after being issued with a demerit point suspension period notice.
  4. Otherwise, demerit points remain for 3-years from the date of your last demerit point offence.
  5. P PLATE DEMERIT POINTS & GREEN P DEMERIT POINTS TABLE

    Provisional & learner licence demerit points table

DEMERIT POINT SUSPENSIONS IN NSW

Your driver licence will be suspended if you pass the demerit point threshold for your class of licence within a 3-year period, according to section 33 of the Road Transport Act 2013 (NSW).

Your demerit points will reset on the date of commencement of the suspension period (section 37(1)(a)).

The period of demerit point suspension will depend on the number of demerit points incurred based on your class of licence.

Threshold number of demerit points for licence holders Table

Good Behaviour Licence Election Option

If you are an unrestricted licence holder, to completely avoid a demerit point suspension, you can elect for the 12-month good behaviour licence period instead of going through the suspension period.

If you’re a professional licence holder, you can also replace a demerit point suspension by electing the 12-month good behaviour licence option. This is reflected in section 36 of the Road Transport Act 2013 (NSW).

Demerit points will reset at the commencement of the good behaviour licence period (section 37(1)(c)).

 

For example, if you’re an unrestricted licence holder and you incur at least 13 demerit points, or if you’re a professional driver and incur at least 14 demerit points, instead of suffering the demerit point suspension period, you can instead take the option to elect to be on a 12-months good behaviour licence period, which will commence from the date your licence would otherwise have been suspended from, which will then permit you to continue driving.

 

What happens if I breach my good behaviour licence?

While on a good behaviour licence period, if you breach it by committing a demerit point offence carrying at least 2 demerit points, you will then be suspended for twice the period as the original demerit point suspension period.

In those circumstances, a full licence or unrestricted licence holder cannot appeal this suspension. A Provisional or Learner licence holder can appeal the suspension period.

However, a full licence holder or an “L” or “P” plater can court elect the demerit point offence allegation. If successful in court, you will not incur the demerit points, and your good behaviour licence will not end up being breached. You will continue on with the good behaviour licence period. This result can only come if the court imposes a non-conviction sentence (s10) or if the court returns a ‘not guilty’ verdict to the alleged infringement.

It is recommended to get practicable advice and guidance for your case as to this option.

Demerit Point Suspension Appeals in NSW

Can I appeal a demerit point suspension? Yes you can. If you are an un-restricted/full-licence or provisional licence holder, you can appeal a demerit point suspension. If successful, your demerit point suspension will no longer apply.

A provisional licence holder can appeal any demerit point suspension, but an un-restricted/full licence holder is only permitted to appeal a demerit point suspension if the demerit point suspension was due to exceeding the speed by more than 30km/h or 45km/h.

A full or unrestricted licence holder can’t appeal any other type of demerit point suspension.

After you lodge a demerit point suspension appeal at the local court registry, you will be required to appear in front of a Magistrate in the local court for the appeal hearing.

A demerit point suspension can be appealed by paying the fine and then appealing demerit point suspension notice that follow from the payment

What happens to the suspension when I appeal the demerit point suspension before the court makes a decision?

Generally, upon lodging a demerit point suspension appeal, the suspension will stay until determined by the court on the appeal. This means the suspension will not commence until the court makes a decision about the appeal.

What Orders Can a Court Make in a Demerit Point Suspension Appeal Hearing?

The Magistrate in Court, after hearing your appeal, including evidence you produce, will then make one of the following 3 orders for your appeal:

  1. To allow your appeal, allowing you to continue driving with no suspension, or
  2. Dismiss your appeal but vary the suspension period by reducing it at the Magistrates discretion. Demerit points will be incurred to an unrestricted licence holder. But there will be no demerit points incurred to a provisional licence holder, or
  3. Dismiss your appeal, applying the original demerit point licence suspension period.

The case of Morris v RTA [1996] SCNSW 370 says that, distinct from a punitive exercise, the court here is concerned with the safety of the public.

This means, the court will likely allow your licence appeal or vary it if by doing so the court is satisfied there is limited to no public safety concerns of you continuing to drive on the roads.