The demerit point system in NSW is an essential element for road safety It acts as a deterrent against unsafe driving practices by penalising you with demerit pints for various traffic offences. If you accumulate too many demerit points it can lead to severe consequences, such as licence suspension or disqualification, making it essential for you to adhere to road rules. 

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It is vital to understand the demerit point system in order to maintain a clean driving record. By being aware of the point you’ve accumulated and how they can impact your licence status, you can take steps to avoid penalties, such as driving more cautiously and adhering to traffic laws.

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This article will provide a clear guide for drivers in NSW about the demerit point system. It will cover when and how demerit points are accrued, the potential consequences, and the process of regaining lost points.

What are demerit points?

Demerit points are penalties assigned to drivers for various traffic violation in NSW. The system is designed to promote road safety by discouraging reckless or illegal driving acts. When you commit a traffic offence, a certain number of demerit points are added to your driving record. 

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The more severe the offence, the more points are accrued. This system acts as a deterrent by imposing the risk of licence suspension or disqualification if you accumulate too many points.

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You can accrue demerit points through various traffic offences such as speeding, using a mobile phone while driving, and running red lights. 

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The thresholds for licence suspension based on demerit points differ depending on the type of licence you hold such as: 

• Unrestricted Licence: A suspension occurs when 13 or more demerit points are accumulated 
• Provisional 2 Licence: A suspension occurs when 7 or more demerit points are accumulated
• Provisional 1 Licence: A suspension occurs when 4 or more demerit points are accumulated 
• Learner Licence: A suspension occurs when 4 or more demerit points are accumulated

How long does it take to get my demerit points back?

In NSW, demerit points expired three years from the date of the offence. This means that each set of points you accumulate will remain on your driving record for three years, after which they are automatically removed. 

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For example, if you were caught speeding on August 1 2024 and receive 3 demerit pints, these will stay on your record until 1 August 2027. At this point they will expire and no longer affect your driving status. 

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Keeping track of your demerit points and their expiration dates is important in avoiding licence suspensions and maintaining a clean driving record. By staying informed and aware of your current points you can better manage your driving record and avoid suspensions. 

How do I get my demerit points back?

There are 4 ways you can get your demerit points back, these include:

1. Waiting for the natural expiry of points
2. Electing for a good behvaiour licence
3. Working with a traffic lawyer 
4. Completing your suspension period

1. Natural expiry of points

In NSW, demerit points naturally expire three years from the date of the offence. This means that after three years, the points will automatically be removed from your driving record, assuming no new offences have been committed that could extend the points on your record. 

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Keeping track of these expiry dates is crucial to ensure you do not accidently risk your licence due to accumulated points. 

2. Electing for a good behaviour licence 

If you have accumulated enough demerit points for a suspension you may be eligible to apply for a good behaviour period rather than serving the suspension. This option is generally avaiable if you wish to avoid the inconvenience of a suspension but are willing to commit to a strict compliance period. 

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The good behaviour period usually lasts for a year and during this time you must adhere to the following conditions: 

• No offences: You must not commit any traffic offences that would result in additional demerit points. 
• Double length of suspension: If you breach the terms of the good behavious period by committing an offence that incurs demerit points, the suspension period you initially avoided will double. This means if you are facing a 3 months suspension it would increase to 6 months. 

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After your good behaviour period, you will get your demerit points back.

3. Working with a traffic lawyer

If you have accumulated a significant number of demerits points due to a traffic offence and are facing a suspension, working with an experiences traffic lawyer is an essential step in getting your points back and retaining your driving privileges. 

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When you take your case to court with an experienced traffic lawyer, several outcomes could potentially work in your favour. One of the most beneficial is obtaining a section 10 dismissal or a conditional release order without conviction: 

Section 10 dismissal

Under section 10 of the Crimes (Sentencing Procedure) Act 1999, the court has the discretion of dismiss a charge without recording a conviction. This means that while you are found guilty of the offence, no conviction is recorded, and crucially, no demerit points are added to your driving record. 

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If your lawyer successfully secures a section 10 dismissal, the offence is essentially dropped, meaning that any demerit points you would have received are not added to your record. 

Conditional release order without conviction

A conditional release order without conviction is a sentencing option available in NSW under the Crimes (sentencing procedure) Act 1999. It allows a court to find you guilty of a traffic offence but not record a conviction, provided you agree to comply with certain conditions set by court. 

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A conditonal release order is a good behaviour bond without a conviction against you. The conditions often include being of good behaviour for a certain period, often up to two years. 

4. Completing your licence suspension period

Once you have completed your suspension period, your demerit point resets, effectively giving you a clean state. 

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After serving your suspension, your demerit points are cleared, and you start with zero points. This reset allows you to drive again without the immediate risk of another suspension due to previous demerit points. 

How are demerit points lost?

SPEEDING OFFENCES 

Speeding is one of the most common reasons drivers lose demerit points. The number of points deducted depends on how much you exceed the speed limit. The more you exceed the limit, the more demerit points you will lose. 

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USE OF MOBILE PHONE USE WHILE DRIVING

Using a mobile phone while driving is a significant safety hazard, and the penalties are designed to deter this behaviour. The usual fine for using your mobile phone while driving is 5 demerit points and $387.00. The penalties apply the moment a phone is touched or held while driving, regardless of the reasons. 

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RUNNING A RED LIGHT OR STOP SIGN 

Running a red light or failing to stop at a stop sign are serious offences due to the high risk they pose to public safety. Both these offences incur 3 demerit points. These offences not only incur demerit points but can also lead to significant fines and legal consequences, especially if they result in accidents or injuries. 

Checking your demerit points

In NSW you can easily check your demerit points using the service NSW platform. This online service allows you to manage various aspects of your driving record, including checking your demerit points renewing your licence, and paying fines.

How to check your demerit points online: 

1. Visit Service NSW Website 

Go to the Service NSW website and log in using you My Service NSW Account. If you do not have one you will need to create one

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2. Demerit point check 

Once logged in, go to the ‘Driving and Transport’ section. Under this section, you will find an option labelled ‘Check your demerit points’. 

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3. Enter your Details 

You will need to enter your driver’s licence number and your date of birth. This ensures that the demerit point check is accurate and personalised to you. 

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4. View your points 

After submitting your details, the platform will show your current demerit points, along with information about any offences that have led to the accrual of these points.

How to check demerit points in person:

1. Locate a service NSW Center 

Find your nearest service NSW center by using the locator tool on the service NSW website or app 

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2. Identification 

When visiting the center, you need a valid ID such as your driver’s licence or passport to verify your identity. 

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3. Request a demerit point check 

At the center, inform the staff that you would like to check your demerit points. They will access your records and provide you with the information.

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You should check your demerit points regularly, especially after committing a traffic offence or receiving a fine. It is important to stay informed about your demerit point status to help avoid unexpected licence suspensions. 

Need representation to keep your licence?

If you’re facing the risk of losing your licence due to demerit points and need expert legal help, our Defence Lawyers offer experienced representation to assist you in navigating the system and retaining your driving rights. 

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Contact us today at (02) 8896 6034, or by booking in a free initial consultation at our Parramatta office to discuss how we can help you to get you demerit points back and keep your licence.

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