Demerit Points and Good Behaviour Licence

Demerit Points Suspension NSW: Limits, Double Demerits and the Good Behaviour Licence

In NSW your licence is suspended when you reach your demerit point limit within a 3-year period: 13 points for an unrestricted licence, 14 for professional drivers, 7 for P2 and 4 for P1 and learner drivers. Unrestricted licence holders can usually avoid a demerit points suspension by electing a 12-month good behaviour licence, but incurring 2 or more points during that year doubles the suspension.

Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 7 October 2026

A demerit points suspension in NSW can cost you your job, your independence and, if you drive anyway, a criminal record. Invictus Legal is a Sydney traffic law firm that helps drivers across NSW understand their options, challenge the offences behind the points and, for learner and provisional drivers, appeal in the Local Court.

How many demerit points before my licence is suspended in NSW?

It depends on your licence type. The limits are set by sections 4(1) and 36(4) of the Road Transport Act 2013 (NSW):

• unrestricted licence: 13 points;

• professional drivers: 14 points;

• provisional P2 licence: 7 points;

• provisional P1 licence: 4 points;

• learner licence: 4 points;

• unrestricted licence during a good behaviour period: 2 points.

Points are counted over a 3-year period. Under section 33, Transport for NSW must give an unrestricted licence holder a suspension notice once they incur 13 or more points (14 or more for a professional driver) within the 3 years, and the suspension cannot start until at least 28 days after the notice. Under Schedule 1 of the Road Transport (Driver Licensing) Regulation 2017 (NSW), every speeding offence by a learner or provisional driver attracts at least 4 demerit points, so a single speeding offence can trigger a P1 or learner suspension.

How long is a demerit points suspension?

For an unrestricted licence the suspension period is set by section 33 according to how many points you have:

• 13 (or 14 for a professional driver) to 15 points: 3 months;

• 16 to 19 points: 4 months;

• 20 or more points: 5 months.

Transport for NSW states that learner and provisional drivers who reach their limit are suspended for 3 months, or refused renewal for that period. It can also extend a P2 driver’s provisional period by 6 months for each suspension (Driver Licensing Regulation cl 35A). Under section 43A, a provisional driver who reaches the limit twice can be required to retake the Driver Knowledge Test, and an unrestricted licence holder who reaches it twice within 5 years can be required to pass a knowledge test or education course.

What are double demerits?

Double demerits are higher points that apply to speeding, seatbelt, motorcycle helmet and mobile phone offences during holiday periods. Under clause 71 of the Driver Licensing Regulation, offences committed over a long weekend or the Christmas–New Year period attract the higher points in the schedule’s long weekend column. One offence over a long weekend can therefore push an otherwise careful driver over the limit.

What is a good behaviour licence?

A good behaviour licence lets an unrestricted licence holder keep driving instead of serving a demerit points suspension. Section 36 allows you to elect a 12-month good behaviour period instead of the suspension. Key rules:

• you must hold at least one unrestricted NSW licence, and your suspension notice must offer the option;

• you must apply before your suspension starts (Service NSW requires at least 2 business days for an online application, or you can apply at a service centre);

• it is not available if you only hold a learner or provisional licence;

• if you incur 2 or more demerit points during the 12 months, you will be suspended for twice the original suspension period.

Before you elect, think honestly about the next 12 months. A single speeding offence in a holiday period can breach the good behaviour period and double your suspension, and that breach suspension is not among the appealable decisions listed in section 266.

Can I appeal a demerit points suspension in NSW?

Learner and provisional drivers can appeal to the Local Court; unrestricted licence holders cannot. Section 266(1)(d) covers suspension, cancellation and ineligibility notices given to learner and provisional drivers under sections 40 and 41, not the suspension of an unrestricted licence. Under section 267, the appeal must be lodged no later than 28 days after you are notified, and lodging it generally puts the suspension on hold until the court decides (Road Transport (General) Regulation 2021 (NSW) s 147). The court cannot reconsider whether you committed the offences behind the points (section 268(4)), so the appeal focuses on your circumstances, need for a licence and driving record. Read more on our licence appeals page.

Can I stop the points being recorded in the first place?

Sometimes. The best time to protect your licence is before the points are recorded. Points are recorded when you pay a penalty notice, let it lapse without electing court, or are convicted (section 31(2)). If you elect to take a fine to court, and the court finds the offence proved but deals with it under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), section 31(4) of the Road Transport Act 2013 (NSW) means Transport for NSW does not record the demerit points. A section 10 is never guaranteed: if the court convicts you instead, the points are recorded. See our guides to court-electing traffic fines and speeding offences.

Is the demerit point reward still running?

Its status is uncertain. Section 32A of the Road Transport Act 2013 (NSW) set up a trial that removed one point from eligible unrestricted licence holders who stayed offence-free; the last trial period ended on 31 January 2026 (Driver Licensing Regulation cl 72). The Road Transport Amendment (Demerit Points Reduction) Bill 2026 was introduced to make the scheme permanent, but as at our review date it had not passed both Houses of Parliament. Check Transport for NSW before relying on it.

How do I check my demerit points?

Use the Service NSW demerit point check, which shows the points currently recorded on your licence. Check before deciding whether to pay a fine or take it to court, and before electing a good behaviour period.

What does it cost?

Fees for traffic matters are determined by the scope of work involved, and we issue a costs agreement before we commence any work, so you have full transparency from the start. Cost mainly depends on whether we are advising on your options, running a court election on the underlying offence, or preparing a provisional licence appeal.

Frequently asked questions

How many demerit points can I have on a full licence in NSW?

The limit for an unrestricted licence is 13 points within a 3-year period, or 14 points for professional drivers. Reaching the limit leads to a suspension of 3, 4 or 5 months depending on your total, under section 33 of the Road Transport Act 2013 (NSW).

What happens if I break my good behaviour licence?

If you incur 2 or more demerit points during the 12-month good behaviour period, your licence is suspended for twice the original suspension period. That suspension is not an appealable decision under section 266 of the Road Transport Act 2013 (NSW), so think carefully before electing.

Can a P-plater appeal a demerit point suspension?

Yes. Learner and provisional drivers can appeal Transport for NSW demerit point suspension, cancellation or ineligibility notices to the Local Court, but must lodge within 28 days of being notified. Lodging the appeal generally puts a Transport for NSW suspension on hold until the court decides, but the court cannot reconsider whether the offences were committed.

Do double demerits apply to all offences?

No. Under the Road Transport (Driver Licensing) Regulation 2017 (NSW), the higher long weekend points apply to speeding, seatbelt, motorcycle helmet and mobile phone offences. Many other offences carry the same points in holiday periods as at any other time.

Will a section 10 stop demerit points being recorded?

Yes. If a court deals with the offence under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), section 31(4) of the Road Transport Act 2013 (NSW) means Transport for NSW does not record demerit points for it. Section 10 outcomes are discretionary, so get advice before electing to go to court.

Talk to a Sydney traffic lawyer today

Invictus Legal appears in Local Courts across Sydney and NSW, including the Downing Centre, Parramatta, Burwood, Newtown, Sutherland and Bankstown. Call our office on 02 8553 0500, or our emergency line on 0410 600 230 if you have just received a suspension notice that starts soon or have court tomorrow. You can also book online, or visit our traffic law hub.

This page is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.