When Do I Get My Demerit Points Back NSW?

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 are removed from your driving record exactly three years from the date of the offence, not from the date they were recorded against your licence. This removal occurs automatically under section 32 of the Road Transport Act 2013, provided no further offences are committed during this period.

Understanding the Demerit Point System in NSW

The NSW demerit point system is governed by the Road Transport Act 2013 (Part 3.2, Division 2) and administered by Transport for NSW (formerly Roads and Maritime Services). Each traffic offence carries a specific number of demerit points that accumulate on your driving record when you commit traffic violations.

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 a relevant offence

• They pay the fine for an offence

• The matter is otherwise fully determined

Demerit Point Limits Under NSW Legislation

According to the Road Transport (Driver Licensing) Regulation 2017, different licence types have different demerit point thresholds:

Licence Type	Demerit Point Limit	Legislative Reference
Unrestricted (Full) Licence	13 points	Clause 41(1)
Provisional P2 Licence	7 points	Clause 41(2)(a)
Provisional P1 Licence	4 points	Clause 41(2)(b)
Learner Licence	4 points	Clause 41(2)(c)

Exceeding these limits triggers the suspension provisions under section 33 of the Road Transport Act 2013.

Can I Get My Demerit Points Back Early?

Unlike some other jurisdictions, NSW legislation does not provide for the early removal of demerit points through driver education courses or other programs. According to section 32 of the Road Transport Act 2013, the only mechanism for demerit point removal is the expiration of the three-year period.

Options Available Under NSW Law

1. Wait for Natural Expiry: Under section 32, points expire automatically three years after the offence date.

   
   

2. Good Behaviour Period: If you receive a suspension notice, you may be eligible to apply for a 12-month good behaviour period instead of serving the suspension (section 36 of the Road Transport Act 2013). This doesn't remove existing points but allows you to continue driving with strict conditions.

   
   

3. Appeal to the Local Court: Under section 267 of the Road Transport Act 2013, you can appeal a licence suspension to the Local Court within 28 days of receiving the suspension notice. However, this only addresses the suspension itself, not the demerit points.

How Suspensions Work Under NSW Legislation

When you exceed your demerit point threshold, Transport for NSW will issue a Notice of Suspension under section 33 of the Road Transport Act 2013. The suspension periods are:

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

Under section 271 of the Road Transport Act 2013, drivers have the right to access information about their demerit points. You can:

1. Check your demerit points online through the Service NSW website or app

2. Visit a Service NSW centre with proper identification

3. Call Service NSW on 13 77 88

Strategies to Avoid Demerit Points Under NSW Road Rules

The best approach is adherence to the Road Rules 2014 (NSW), which detail specific traffic offences and their corresponding penalties. Key areas to focus on include:

• Speed limits (Rule 20)

• Mobile phone usage (Rule 300)

• Seatbelt requirements (Rules 264-267)

• Traffic light compliance (Rules 56-60)

• Alcohol and drug restrictions (Part 21 of the Road Transport Act 2013)

Special Considerations Under NSW Legislation

Double Demerit Periods

Under clause 43 of the Road Transport (Driver Licensing) Regulation 2017, certain offences attract double demerit points during specified holiday periods. These typically include:

• Easter long weekend

• Anzac Day long weekend

• Queen's Birthday long weekend

• Labour Day long weekend

• Christmas/New Year period

Professional Drivers: Additional Provisions

For professional drivers operating under the Passenger Transport Act 2014 or the Heavy Vehicle National Law (NSW), additional considerations apply regarding demerit points and their impact on authority to drive.

Conclusion

The NSW demerit point system, as established under the Road Transport Act 2013 and related regulations, provides a clear framework for point accumulation and expiry. Points are automatically removed after three years from the offence date, and there are no provisions for early removal through courses or programs.

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.

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