If you’re a driver in NSW, you start with zero demerit points and accumulate points if you commit a driving offence.
Licence types and demerit points NSW
The maximum demerit points allowed to be accumulated depends on the drivers licence type that you hold:
Learner licence and P1 Provisional licence
Learner licence and P1 Provisional Licence holders cannot accumulate 4 or more points in a 3-year period without penalty. This would result in a 3-month licence suspension.
P2 Provisional licence
P2 Provisional licence holders that accumulate 7 or more demerit points in a 3-year period will in a 3-month suspended licence.
Unrestricted drivers licence
Unrestricted Licence holders that accumulate 13 or more points in a 3-year period will result in licence suspension. The period of suspension is as follows:
- 13 to 15 points: 3-month suspension,
- 6 to 19 points: 4-month suspension, and
- 20 or more points: 5-month suspension.
Professional drivers licence
Professional Drivers (Bus, Taxi, Uber and goods transport drivers) who accumulate 13 points in a 3-year period and have a suspension applied will have the suspension withdrawn. If the professional driver later reaches or exceeds 14 points within the 3-year period, they will have a suspension applied as with unrestricted licence holder.
Demerit points and serious speeding offences in NSW
Drivers may have their licence suspended or be disqualified from driving for serious speeding offences:
- A driver who exceeds 30km/hr but not more than 45km/hr over the posted speed limit will receive at least a 3-month suspension.
- A driver who exceeds the posted speed limit by more than 45km/hr will receive at least a 6-month suspension.
In addition to the suspensions detailed above, these driving offences also carry the demerit points associated with them and will be added to the drivers record. This could result in further suspension penalties based on an accumulation of points.
Appealing a drivers licence suspension
Learner and provisional licence holders who are issued with a licence suspension because they lost too many demerit points have the right to appeal the suspension.
That right of appeal because of too many demerit points accruing does not apply unrestricted licence holders. However, if you’re on an unrestricted licence, you can appeal against your drivers licence suspension to the NSW local court if you are suspended for speeding:
- more than 30 km/hr over the speed limit,
- more than 45 km/hr over the speed limit, or
- on the spot by the police.
Drivers who are eligible to appeal must lodge an appeal no later than 28 days after the suspension or refusal notice is received.
Get Traffic Law Help Now!
Ask a free legal question in the Traffic Law Forum.
Get legal advice from an Australian Traffic Law Lawyer near you.