When Do I Get My Demerit Points Back NSW?

Jan 16, 2024

4 min read

Updated: Oct 12

For many drivers in New South Wales, understanding when demerit points expire is crucial for maintaining driving privileges and managing potential licence suspensions. This guide explains the demerit point system in NSW, based on the Road Transport Act 2013 and the Road Transport (Driver Licensing) Regulation 2017.

Quick Answer

In NSW, demerit points count towards a licence suspension for three years from the date of the offence, not from the date they were recorded against your licence (Road Transport Act 2013 (NSW) ss 31(3), 33(1)). Each point stops counting once three years have passed since the offence, whether or not you commit further offences, although the offence itself remains on your driving record.

Understanding the Demerit Point System in NSW

The NSW demerit point system is governed by the Road Transport Act 2013 (NSW) and the Road Transport (Driver Licensing) Regulation 2017 (NSW), and is administered by Transport for NSW (formerly Roads and Maritime Services). Each traffic offence that carries demerit points has a set number of points, which are recorded on your driving record.

Legal Basis for Demerit Points

Under section 31 of the Road Transport Act 2013, demerit points are recorded against a person when:

They are convicted of an offence that carries demerit points
They pay the penalty notice fine for the offence
The time for electing to have the matter dealt with by a court ends without an election being made

Demerit Point Limits Under NSW Legislation

Under the Road Transport Act 2013 (NSW) s 4(1) (definition of 'threshold number of demerit points'), the demerit point thresholds are: unrestricted licence, 13 points; unrestricted licence held by a professional driver, 14 points; provisional P2 licence, 7 points; provisional P1 licence, 4 points; learner licence, 4 points.

Reaching these thresholds within three years triggers licence suspension (Road Transport Act 2013 (NSW) s 33 for unrestricted licences and s 40 for learner and provisional licences).

Can I Get My Demerit Points Back Early?

There is no driver education course in NSW that removes demerit points. The NSW demerit points reduction trial removed one point from eligible unrestricted licence holders who committed no relevant offence during a trial period; the most recent period ran from 17 January 2025 to 31 January 2026, and no further period has been prescribed (Road Transport Act 2013 (NSW) s 32A; Road Transport (Driver Licensing) Regulation 2017 (NSW) cl 72). Check the current position with Transport for NSW.

Options Available Under NSW Law

Wait for Natural Expiry: Points stop counting towards a suspension three years after the offence date.
Good Behaviour Period (unrestricted licences only): If you receive a demerit point suspension notice for an unrestricted licence, you can elect, before the suspension starts, to be of good behaviour for 12 months instead of serving the suspension. If you incur 2 or more demerit points during that period, your licence will be suspended for twice the original period (Road Transport Act 2013 (NSW) s 36). This does not remove existing points.
Appeal to the Local Court (learner and provisional licences only): Learner and provisional licence holders can appeal a demerit point suspension to the Local Court, and must lodge the appeal before the suspension starts. Unrestricted licence holders, and drivers suspended after breaching a good behaviour period, cannot appeal a demerit point suspension. An appeal addresses only the suspension, not the demerit points themselves.

How Suspensions Work Under NSW Legislation

When you reach your demerit point threshold, Transport for NSW will issue a notice of suspension, which takes effect at least 28 days after the notice is given (Road Transport Act 2013 (NSW) ss 33(3), 40). For unrestricted licences the suspension periods are (s 33(4)):

Points Accumulated (Unrestricted Licence)	Suspension Period
13 to 15 points	3 months
16 to 19 points	4 months
20 or more points	5 months

For provisional and learner licences, exceeding the threshold results in a 3-month suspension.

Monitoring Your Demerit Points: Legal Entitlements

You can check your demerit points in several ways:

Check your demerit points online through the Service NSW website or app
Visit a Service NSW centre with proper identification
Call Service NSW on 13 77 88

Strategies to Avoid Demerit Points Under NSW Road Rules

The best approach is to follow the Road Rules 2014 (NSW) and the Road Transport Act 2013 (NSW). Key areas to focus on include:

Speed limits (Rule 20)
Mobile phone use (Rules 300 and 300-1)
Seatbelt requirements (Rule 264 for drivers and Rule 265 for passengers)
Traffic light compliance (Rules 56 and 57)
Alcohol and drug driving laws (Road Transport Act 2013 (NSW))

Special Considerations Under NSW Legislation

Double Demerit Periods

Under clause 71 of the Road Transport (Driver Licensing) Regulation 2017 (NSW), certain offences (speeding, mobile phone, seatbelt and motorcycle helmet offences) attract double demerit points when committed over a long weekend or the Christmas-New Year period. These periods include:

Any long weekend created by a state-wide public holiday, such as the Easter, King's Birthday and Labour Day long weekends, and Australia Day or Anzac Day when they create a long weekend
The Christmas-New Year period

Professional Drivers: Additional Provisions

Professional drivers with an unrestricted licence have a higher threshold of 14 demerit points (Road Transport Act 2013 (NSW) s 4(1)). Drivers in regulated industries, such as taxi, rideshare, bus and heavy vehicle drivers, may also face additional consequences under the laws that govern their industry.

Conclusion

The NSW demerit point system, as established under the Road Transport Act 2013 (NSW) and related regulations, provides a clear framework for point accumulation and expiry. Points stop counting towards a suspension three years after the offence date. Apart from the demerit points reduction trial (s 32A), which last ran to 31 January 2026, there is no way to remove points early, such as through a driver education course.

Understanding these legislative provisions helps NSW drivers navigate the system effectively and maintain their driving privileges through adherence to road rules and responsible driving practices.

Disclaimer: This information is general in nature and should not be considered legal advice. For specific legal advice regarding your individual circumstances, please consult with a qualified legal practitioner.