Demerit Point Check NSW & Demerit Points List | Demerit Point Suspensions

By Jimmy Singh.

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

Legislation Offence Demerit Points
Road Rules 2014
Rule 27,28(1),28(1A), 29,31,32(1) or 33 Turning improperly 2
Rule 37, 39, 40, 41, 42 Make unlawful U-turn 2
Rule 38, 62, 63(3), 64 Failing to give way 3
Rule 56, 59 Disobey traffic light 3
Rule 65(2)(a), 80, 81(2) Fail to stop or give way at pedestrian, children’s or marked crossing 3
Rule 67,68,69,71, 101 Disobey stop sign or give way sign or line 3
Rule 72(1),73,74,75,84,87,114,148,148A,149 Failing to give way 3
Rule 78(1) Move into path of police or emergency vehicle 3
Rule 78(2) Not move out of path or police or emergency vehicle 3
Rule 79(1) Not give way to police or emergency vehicle 3
Rule 88,89,91 Disobey traffic sign 2
Rule 129, 130, 131, 132 Not drive far left side of road or fail to keep left 2
Rule 132(2A) Drive across dividing line to perform U-turn 3
Rule 140 Overtake vehicle when unsafe 2
Rule 144 Fail to keep safe distance when overtaking 2
Rule 155 Drive in tram lane 1
Rule 264 Driver not wear seat belt 3
Rule 265(3) Drive with 1 unrestrained passenger 3
Rule 265(3) Drive with 2 or more unrestrained passengers 6
Rule 266 Drive with unrestrained passengers under 16-years of age 3
Rule 270(1)(a) Ride motor bike without helmet 3
Rule 300 Driver use hand-held mobile phone while driving 5
Rule 304 Fail to obey police direction 3
Rule 144-1 Fail to keep safe distance when passing bicycle 2
Rule 154 Drive in bus lane 1
Rule 155A Drive in tramway 1
Rule 157-1(1) Drive in T-way lane 1
Rule 203(1) Stop in parking area for people with disability 1
Rule 215-1(1) Drive at night/dark without headlight on 1
Rule 268(3) Part of body outside vehicle window/door(driver) 3
Rule 268(4) Drive with part of passenger’s body outside window/door 3
Rule 274,275,277,279 Disobey traffic light 3
Rule 287 Not stop and supply required particulars at scene of crash 3
Rule 291 Start or drive vehicle causing unnecessary noise or smoke 3
Rule 292(a) Drive/tow vehicle with unsecured load 3
Rule 296(1) Not reverse vehicle safely 2
Rule 297(1) Not have proper control of vehicle 3
Rule 297(1A) Drive with person or animal in lap 3
Rule 297(2) Drive without clear view 3
Rule 298-1 Driver consume alcohol while driving 3
Rule 299(1)(a) Drive vehicle with TV/VDU image visible 3
Rule 300-1 Learner or Provisional driver use mobile phone while driving 5
Road Transport Act 2013
S117(1)(c) Negligent driving (not occasioning death or grievous bodily harm) 3
s68(1) Use unregistered vehicle 4
s116(1) Burnout 3
s119(2) Stand/drive vehicle with speed measuring evasion article 9
Road Transport (Vehicle Registration) Regulation 2017
Cl 60(1) Use vehicle with obscured/defaced/illegible number-plate or number-plate not displayed or affixed properly 3
Cl 60(1)(a) Use vehicle with defective brakes or steering, missing or defective seatbelt, defective seating, no seatbelts, dangerous protrusion on bulbar 3
Cl 129(1) Use vehicle with unauthorised number-plate 3
Cl 129(3)(a) Use vehicle displaying altered number-plate 3
Cl 129(3)(b) Use vehicle displaying misleading number-plate 3
Road Transport (Driver Licensing) Regulation 2017
Cl 15(1)(b) Learner driver not display “L” Plates as required 2
Cl 17(1)(a) Unauthorised carriage of pillion passenger 2
Cl 15(1)(b) Learner rider not display “L” plate as required 2
Cl 17(2) Ride motorcycle of prohibited capacity/power 4
Cl 23(a) Ride motorcycle of prohibited capacity/power 2
Cl 23(b) Ride motor bike or motor trike towing other vehicle 2

Speeding Demerit Points | Demerit Points for Speeding NSW

Demerit points for speeding table

Legislation Offence Demerit Points
Road Rules 2014
Rule 20(a) Speed by over 45km/h 6
Rule 20(b) Speed over 30km/h but not more than 45km/h 5
Rule 20(c) Speed over 20km/h but not more than 30km/h 4
Rule 20(d) Speed over 10km/h but not more than 20km/h 3
Rule 20(e) Speed over 10km/h but not more than 20km/h (for “L” or “P” Plater) 4
Rule 20(f) Speed not more than 10km/h 1
Rule 20(g) Speed not more than 10km/h (for “L” or “P” plater) 4
School Zone Offences
Rule 20(a) Speed over 45km/h 7
Rule 20(b) Speed over 30 but not more than 45km/h 6
Rule 20(c) Speed over 20 but not more than 30km/h 5
Rule 20(d) Speed over 10 but not more than 20km/h 4
Rule 20(e) Speed over 10 but not more than 20km/h (“L” or “P” plater) 5
Rule 20(f) Speed not more than 10km/h 2
Rule 20(g) Speed not more than 10km/h (“L” or “P” plater) 5

Red Light Demerit Points NSW

Demerit points for red light table

Legislation Offence Demerit Points
Road Rules 2014
Rule 274,275,277,279 Disobey traffic light 3
Rule 56(1)(a) Fail to stop at stop line at red light 3
Rule 56(1)(a) Fail to stop at stop line at red light-toll both 0
Rule 56(1)(b) Fail to stop before stop sign at red light 3
Rule 56(1)(b) Fail to stop before stop sign at red light-toll booth 0
Rule 56(1)(c) Fail to stop before lights at red light 3
Rule 56(1)(c) Fail to stop before lights at red light-toll both 0
Rule 56(1)(a) Fail to stop at stop line at red arrow 3
Rule 56(2)(b) Fail to stop before stop sign at red arrow 3
Rule 56(2)(c) Fail to stop before lights at red arrow 3
Rule 59(1) Proceed through red traffic light 3
Rule 59(1) Proceed through red traffic light (camera detected) 3
Rule 59(1) Proceed through red traffic light-toll booth 0
Rule 60 Proceed through red traffic arrow 3
Rule 61(5) Fail to leave intersection after light/arrow goes red or yellow 3
Rule 60(1)(a) Fail to give way at lights to pedestrian on road 3
Rule 62(1)(b)(i) Fail to give way at lights to other vehicle (left turn) 3
Rule 62(1)(b)(ii) Fail to give way at lights to other pedestrian(left turn) 3
Rule 62(1)(c) Fail to give way at lights to oncoming vehicle (right turn) 3

Double Demerit

Double demerit points table

Legislation Offence Double Demerit Points
Road Rules 2014
Rule 20(a) Speed by over 45km/h 12
Rule 20(b) Speed over 30km/h but not more than 45km/h 10
Rule 20(c) Speed over 20km/h but not more than 30km/h 8
Rule 20(d) Speed over 10km/h but not more than 20km/h 6
Rule 20(e) Speed over 10km/h but not more than 20km/h (for “L” or “P” Plater) 8
Rule 20(f) Speed not more than 10km/h 2
Rule 20(g) Speed not more than 10km/h (for “L” or “P” plater) 8
School Zone Offences
Rule 20(a) Speed over 45km/h 14
Rule 20(b) Speed over 30 but not more than 45km/h 12
Rule 20(c) Speed over 20 but not more than 30km/h 10
Rule 20(d) Speed over 10 but not more than 20km/h 8
Rule 20(e) Speed over 10 but not more than 20km/h (“L” or “P” plater) 10
Rule 20(f) Speed not more than 10km/h 4
Rule 20(g) Speed not more than 10km/h (“L” or “P” plater) 10
Rule 264 Driver not wearing seat belt 6
Rule 265(3) Drive with 1 unrestrained passenger 6
Rule 265(3) Drive with 2 or more unrestrained passengers 12
Rule 266 Drive with unrestrained passengers under the age of 16 years 6
Rule 270(1)(a) Ride motor bike without helmet (rider alone) 6
Rule 270(1) Ride motor bike without helmet and with 1 passenger only not wearing helmet 12
Rule 270(1) Ride motor bike without helmet and with 2 or more passengers not wearing helmet 18
Rule 300 Driver (other than L or P plater use hand-held mobile phone while driving 10
Rule 267-1(2) L or P plater drive vehicle unrestrained (no restraint fitted) 6
Rule 267-1(2) L or P plater drive vehicle with unrestrained passenger 6
Rule 268-2(2) Drive with person in or on the boot of motor vehicle 6
Rule 300-1 L or P plater use mobile phone while driving Rule 300-1 10

Click here for an outline on the demerit point offence fines 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.

P Plate Demerit Points & Green P Demerit Points Table

Provisional & learner licence demerit points table

Licence Class Demerit points Threshold Suspension period
P2 licence holders 7 or more demerit points (within 3-years) 3 months suspension
P1 licence holders 4 or more demerit points (within 3-years) 3 months suspension
Learner licence holders 4 or more demerit points (within 3-years) 3 months suspension

P2 demerit points and red p demerit points thresholds are also outlined in the above 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

Licence Class Demerit points Threshold Suspension period
Professional licence holders 14-15 demerit points (within 3-years) 3 months suspension
Unrestricted licence holders 13-15 demerit points (within 3-years) 3 months suspension
Unrestricted licence holders 16-19 demerit points (within 3-years) 4 months suspension
Unrestricted licence holders 20 or more demerit points (within 3-years) 5 months suspension
P2 licence holders 7 or more demerit points (within 3-years) 3 months suspension
P1 licence holders 4 or more demerit points (within 3-years) 3 months suspension
Learner licence holders 4 or more demerit points (within 3-years) 3 months suspension

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.

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