What is my demerit point limit?
This depends upon the type of license that you hold. For example
- Professional Driver – 14-point threshold
- Unrestricted license – 13-point threshold
- Provisional 2 – 7-point threshold
- Provisional 1 – 4-point threshold
- Learner Licence – 4-point threshold
- Unrestricted licence with good behaviour – there is a 2-point threshold during the period of good behaviour
How long do my demerit points last for?
Demerit points have a life of 3 years.
How is the lifespan of a demerit point calculated?
Demerit points apply from the date of the offence. They then live on for three years.
When are points applied to my license?
Points are applied to your license once the matter is finalised through payment of a fine or through court processes.
If payment is not made, and there is no election to have the matter heard in court, points will be added to your license when the final date for payment is reached.
If you go to court and are given a “Section 10” (non-conviction), points will not be applied to your license.
What suspension period applies to me?
This depends on the number of points on your license as follows:
- 3 months suspension – 13 to 15 points OR (learner, P1 or P2 license holders).
- 4 months suspension – 16 to 19 points (unrestricted license holders).
- 5 months suspension – 20+ points (unrestricted license holders).
What happens to the points on my license after serving a period of suspension?
Your licence resets to zero.
However, prior traffic offences will still be recorded on your traffic history, though they cannot contribute towards further license suspensions.
What happens to the points on my license after serving a period of disqualification?
The points on your license remain and any additional points incurred from a license disqualification are added to your record.
This may form the basis of an RMS refusal to grant you another license.
What happens when a license suspension is interrupted by a court disqualification?
Any residual suspension period may need to be served once the period of disqualification expires.
When my suspension period ends, am I automatically entitled to drive?
This depends upon the circumstances of your suspension.
Ordinarily the answer is yes. However, if you are an unrestricted license holder who has twice exceeded your demerit point limit within 5 years, then you are required to:
- Pass a driver knowledge test
- Complete a traffic offenders’ program.
If you have been convicted of two drink driving offences within 5 years, then you are required to pass a driver knowledge test.
The date that a suspension period ends will be shown on the Notice of Suspension sent to you by the RMS. However, once your suspension period ends, ALWAYS confirm with the RMS, whether or not you are entitled to drive.
What happens if my license expires during a period of suspension?
You will need to renew it after your period of suspension expires.
Please be aware that the RMS will not send you a renewal notice if you have been suspended from driving. This is something that you will need to oversee.
If I hold combined licenses (EG. unrestricted car license and a P1 or P2 motorcycle license), will both licenses be suspended if I gain too many points on one license?
Not necessarily. Section 42 of the Road Transport Act 2013 provides two scenarios:
- An unrestricted license usually has the higher point threshold (EG. 13 points). Where points are applied to my license with the higher threshold, that will not apply to my license with a lower point threshold.
For example, if I lose 7 points on my unrestricted license, and incurred a license suspension as a result, those 7 points will not be added to my P2 license which has a 7-point-threshold. If it were added, I would be suspended from driving on my P2 license as well as my unrestricted license. Given that it will not be added, I can keep driving on my P2 license, but not my unrestricted license.
- A P1 or P2 license has a lower point threshold than an unrestricted license. Where points are applied to my license with the lower threshold, that will apply to my license with the higher point threshold.
For example, if I accrue 7 points on my P2 license, my P2 license will be suspended. Those 7 points will count to towards the threshold of my unrestricted license. So if I have not accrued any demerit points on my unrestricted license, the total points on my unrestricted license will be 7, which means that I can drive on my unrestricted license, but not my P2 license which has been suspended.
However, if there were already 7 pre-existing demerit points on my unrestricted license, and an additional 7 demerit points were brought over from my P2 license, the total demerit points on my unrestricted license would be 14, thereby exceeding the demerit point limit on my unrestricted license. In such an instance, both licenses would be suspended.
Can I progress through the Graduated Licensing Scheme if I am in the process of challenging a ticket?
Yes. While matters are pending, this does not affect your progression. However, if the matter is unsuccessfully challenged, then points are applied to your license.
Will a suspended license delay my progression in the Graduated Licensing Scheme?
Yes. Once your period of suspension expires, you will need to remain on your current license for a period of time that is equivalent to the period of suspension that you were given.
Let us help. Get in Touch.
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- face-to-face at our office.
Level 45, 680 George Street,
SYDNEY NSW 2000.
P: (02) 9145 1262 or 0407 122 230
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