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By Jimmy Singh.
While this article is written for guidance by our very own criminal lawyers in Sydney, it should not be taken as advice as each case will have its own unique features which should be discussed with a lawyer for advice.
Key Takeaways
This is a complete simplified guide on everything you need to know about demerit point checks in NSW, demerit point suspensions, how to check your demerit points online, how many demerit points for common speeding offences in NSW, including red light demerit points and double demerit points across all driver licence holders such as full-licence, professional licence, P and L licence holders in NSW.
In addition, this complete guide also outlines when your demerit points reset in NSW and other States across Australia, how many demerit points you have based on the type of your licence class, the fines and suspensions for exceeding the demerit point limit for your licence class, the consequences of breaching a demerit points good behaviour licence condition and options, and appealing demerit point suspensions with possible outcomes in court.
Contents
- How to do demerit point checks in NSW
- How to check my demerit points
- Demerit point offences list in NSW
- Demerit Points International Licences
- Demerit points speeding offences list in NSW
- How to get out of a speeding fine in NSW
- Red light demerit point offences list in NSW
- Double demerit points list
- Which States have double demerit points?
- When do demerit points reset in NSW?
- P & L plate demerit points table
- Demerit point suspensions list
- Good behaviour licence option
- What happens If I breach my good behaviour licence?
- Demerit point suspension appeals in NSW
- The Court’s options in demerit point suspension appeals
Demerit Point Check NSW
This is a guide on how to check my demerit points and driving licence points check. 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.
How Do I Check My Demerit Points?
How to check my licence NSW? You can check your demerit points online with the MyServiceNSW account. This is a simple way to check license points.
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 to obtain a drivers licence points check. 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 to check driving license points.
You can only conduct your own demerit point check, not someone else’s.
How to check my demerit points Qld? You can conduct an online demerit point check in Queensland by simply clicking here.
Check My Demerit Points
How to check my demerit points? You can do this in one of two way:
- 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.
- 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 is reflective of the NSW demerit point system. The table outlines the demerit points for the common and not so common demerit point offences in NSW. On the left side of the table, it outlines the rule or section from the legislation, the middle section of the table outlines the description of the corresponding law as the offence, while the right side of the table outlines the demerit points carried by each corresponding offence.
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 |
Demerit Points International License NSW
Demerit points in NSW are recorded against a New South Wales Driver Licence registered against the licensee’s residential address. International license holders in NSW will have an overseas registered address which makes it very hard to keep track of by Service NSW. However, when an international license holder transfers onto a NSW driver license, the international license demerit points will transfer over to the new NSW license.
According to clause 99 of the Road Transport (Driver Licensing) Regulation 2008 (NSW), a visiting driver is exempt from NSW driver licence holding requirements if he/she holds a current foreign driver licence and international driving permit, or holds a current foreign driver licence that’s written in English or is accompanied by English translation.
You cannot use your international license if you’re a visiting driver from a foreign country (other than New Zealand), and you hold a permanent visa and resided in NSW for a continuous period of more than 3 months from granting of the visa; or you’re a visiting driver from a foreign country (other than New Zealand) who is an Australian citizen and have resided in NSW for a continuous period of more than 3 months.
Speeding Demerit Points | Demerit Points for Speeding NSW
The table below provides an outline of the demerit points for common speeding offences in NSW. The right side of the table outlines the law, the middle section outlines the corresponding offence description, while the right side outlines the speeding points in NSW.
Click here for NSW speeding fines check.
Click here for P Plate speeding fines NSW.
Demerit points for speeding NSW 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 |
How Many Demerit Points Do You Lose for Speeding?
A full license holder speeding over 45km/h from the speed limit will lose 6 demerit points in NSW. Speeding over 30km/h but not more than 45km/h will lose 5 demerit points. Speeding over 20km/h carries 4 demerit points, and over 10km/h carries 3 demerit points. You will lose 1 demerit point for speeding less than 10km/h over the speed limit.
The amount of demerit points you lose from speeding also depends on your class of license, namely, P or L plate license holders will incur 4 demerit points for speeding over 10km/h.
Loss of demerit points will also depend on whether the speeding offence occurred in a school zone.
How Long Do You Lose Your License For Speeding?
There is a 6-month immediate police suspension for exceeding the speed by over 45km/h. This also carries 6 demerit points and a fine of over $2,000. If caught speeding over 30km/h but less than 45km/h, the immediate license suspension period is 3-months in addition to 5 demerit points and a fine of over $900.
Do You Lose Your License for Speeding on P1?
A P1 license holder who incurs 3 or more demerit points in a 3 year period will have his/her license suspended for 3 months in NSW. P and L license holders will incur 4 demerit points for speeding over 10km/h of the speed limit. In fact the same demerit points are incurred for P or L plate holders for speeding not more than 10km/h.
How to Get Out of a Speeding Fine in NSW
To get out of a speeding fine in NSW, you can successfully achieve this by court electing the speeding infringement and asking the court to impose a section 10 non-conviction penalty upon a plea of guilty to the speeding offence, which will result in no suspension or fine or demerit points. Another way is if the court makes a ‘not guilty’ finding of your speeding charge.
Alternatively, before taking the above option, you may lodge a review of your fine with Revenue NSW, which can be done online through the Service NSW app. In extenuating circumstances, or where there is an error, or simply under leniency grounds given your exceptional driving history, Revenue NSW may accept your review application and waive the fine completely.
If you have lost your license due to demerit point speeding, then you may be eligible to opt for the good behaviour license period in lieu of copping the suspension period.
Red Light demerit points nsw
The table below outlines the common demerit points red light offences with their corresponding demerit points under the Road Rules 2014. The left side of the table outlines the section or rule corresponding to the red light offence description in the middle of the demerit points red light table.
For more, speak to our red light camera lawyers.
Click here for red light fines NSW.
Demerit points 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 |
How Much is a Red Light Fine NSW?
A red light fine in NSW depends on the type of red light fine offence. For instance, fines can vary from $191 to $457 plus demerit points for running through red light cameras under the Road Rules 2014 (NSW).
Double Demerit Dates | Public Holiday Dates NSW 2024
When do double demerit points start in NSW? Double demerit points periods commence on public holidays, including the following:
Australia Day: 25 to 28 January 2024
Easter: 28 March to 1 April 2024
Anzac Day: 24 April to 28 April 2024
King’s Birthday: 7 June to 10 June 2024
Labour Day: 4 October to 7 October 2024
Christmas Day, Boxing Day & New Years’ Day: 20 December 2024 to 1 January 2025
Which States Have Double Demerit Points?
Australia’s States and Territories that have double demerit points are New South Wales, Australian Capital Territory, Western Australia, and Queensland. Victoria, South Australia, Tasmania and the Northern Territory don’t have the double demerit points scheme.
Queensland’s double demerit point system, unlike NSW’s, applies to repeat offenders only. Their demerit point system doesn’t apply across the year. For example, if a driver commits a speeding over 21km/h offence the first time, he/she will incur 4 demerit points. If the same driver within one year commits another speeding over 21km/h offence the second time, he/she will incur 8 demerit points.
Victoria, NT, Tasmania and SA, have a demerit point limit with 1 point less than NSW. Those drivers are permitted to accumulate up to 11 points before a suspension is issued.
The table below outlines common offences in addition to the amount of double demerit points each offence carries in New South Wales. The left hand side of the table also outlines the corresponding legislation with a description of the offence in the middle.
Double demerit points table for NSW
| Legislation | Offence | Double Demerit Points |
|---|---|---|
| Road Rules 2014 (NSW) | ||
| 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 in NSW?
Demerit points reset in NSW at the start of a suspension period if a suspension notice has been issued by Transport for NSW, according to section 37(1)(a) Road Transport Act 2013 (NSW).
So, how long until demerit points reset in NSW? NSW Demerit points reset depending on your circumstances, namely:
- At the commencement of your period of suspension, if you’ve been issued with a suspension by Transport for NSW,
- On the determination of an appeal, if you’ve lodged an appeal in relation to the licence suspension,
- At the commencement of the good behaviour licence period, if you’ve elected this after being issued with a demerit point suspension period notice.
- Otherwise, demerit points remain for 3-years from the date of your last demerit point offence.
When Do Demerit Points Reset in Queensland?
Demerit points in Qld reset 3 years from the date of your last traffic offence. Demerit points in Queensland apply from the date of the offence, and get recorded against your traffic record when you pay the fine (or referred to the State Penalty Enforcement Registry for non-payment, a court conviction, or when you’ve been issued with an order for an interstate offence.
P Plate Demerit Points & Green P Demerit Points Table
The below table outlines the demerit points threshold for different license class holders in NSW with its corresponding suspension periods. This includes P2 demerit points and red p demerit points thresholds.
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 |
How Many Points on Red P’s?
How many points do you have on your red Ps? Red P plates in NSW carry up to 3 demerit points. Red P licence holders hold a P1 license. a P2 licence holder have 6 demerit points in NSW. a Red P plater who exceeds his/her demerit point limit will relieve a 3-month suspension.
Demerit Points Suspensions in NSW
Your driver licence will be suspended if you pass the demerit point threshold limit of your licence class within a 3-year period, according to section 33 of the Road Transport Act 2013 (NSW). This will result in a demerit points suspension in NSW.
Demerit points after suspension in NSW reset back to zero. In other words, this will mean that you will get all of your points back.
How many demerit points before a demerit points licence suspension in NSW depends on the type of driver licence you hold.
The period of demerit point suspension is based on the number of demerit points incurred, and subject to your class of licence, namely, whether you hold a P, L, unrestricted or professional licence class.
The below table outlines how many demerit points will cause a suspension.
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 |
Do you get all your demerit points back after suspension? You will get all demerit points back at the start of your suspension, before you even complete the suspension period.
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. This is also referred to as the demerit good behaviour.
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.
What Happens to Demerit Points After Suspension?
Do you get all your demerit points back after suspension in NSW? You will get all of your demerit points back after the date of the commencement of your suspension automatically. According to section 37(1) Road Transport Act 2013 (NSW), in New South Wales, your demerit points completely reset to zero from the date of the commencement of your suspension period. Once reset to zero, you will then be allowed to incur your demerit point limit before a suspension period is engaged again if you pass the threshold just like everyone else.
Demerit Point Suspension Appeals in NSW
Can I appeal a demerit point suspension? Yes you can. If you are an unrestricted/full-licence or provisional licence holder, you can appeal a demerit point suspension. If successful, your demerit point suspension will no longer apply, and you can continue driving.
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:
- To allow your appeal, allowing you to continue driving with no suspension, or
- 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
- 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.
Getting license back after suspension in NSW? You can get your driver licence back after the suspension is complete by applying for your driver licence again with Service NSW. You will only need to do this if your licence was taken away from you by police. The same applies for getting license back after suspension in NSW for P2 licence holders. You only need to reapply for your licence at the conclusion of the suspension if your licence has expired or was confiscated by police.
If your licence was disqualified (not suspended) by the court, then you will be required to reapply for a new licence with Service NSW.
How to get your license back after suspension in NSW? You will need to attend a Service NSW Service Centre to apply for a licence to be re-issued. This process requires you to complete and submit the Licence Application form (you can download this online), attach all necessary documents to the form and submit the form with all enclosures to a Service NSW service centre closest to you.
You will need your proof of ID, any concession card(s), any old licence if you have one, contact lenses or glasses if you wear it, any medical report and the completed Licence Application form with necessary enclosures.
How to Check Points on Licence
the simplest way to check how many demerit points you have is to go online to the MyServiceNSW Account, create and log into your account and follow the prompts in the way outlined in this article. Alternatively, you may personally attend a MyService NSW store near you.
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