If you are curious about the demerit points system, then here are some helpful hints on how it works and why you might like to know more about Section 10 of the Crimes (Sentencing & Procedure) Act NSW.
In looking at the demerit points system it is important to know that if you have not committed any traffic offences than you have zero demerit points on your licence. Once you commit a traffic offence that carries demerit points they will be added to your record. If you accumulate 13 or more demerit points within a three year period your licence can be suspended or a refusal can be applied.
The limits of how many demerit points you can accumulate depend on what form of licence you hold. Each licence’s demerit points’ limit entails:
- Unrestricted licence – 13 points limit
- Provisional P2 licence – 7 points
- Provisional P1 licence – 4 points
- Learner licence – 4 points
- Good behaviour licence – 2 points
If you reach or exceed your licence limit of demerit points you should be sent a Notice of Suspension or Refusal from the RTA. This notice will state the exact date your suspension or refusal will commence.
If you have an unrestricted licence then your period of suspension is dependent on the number of demerit points you have accumulated. The demerit points and suspension periods are broken down as follows:
- 13 to 15 points will result in a three month suspension
- 16 to 19 points will result in a four month suspension
- 20 or more points will result in a five month suspension
All other forms of licences face a suspension period of three months for exceeding their demerit point’s limit.
When looking at appealing a suspension or refusal from the RTA it should be known that only P1 and P2 licence holders have the right of appeal; unrestricted licence holders are unable to appeal on account of demerit points. If you receive a ticket which would result in a licence suspension you can choose to not pay it and take the matter to court. If the court finds you not guilty you will not be given any demerit points and will not face a suspension.
In some cases your case may be dealt with under Section 10 of the Crimes (Sentencing Procedure) Act. Section 10 allows the court to find the offence proven without having the conviction recorded. As of January 2011, if you receive a section 10 for your traffic offence the demerit points will not be added to your licence.
How to check demerits points
To check how many demerit points you have on your licence please go to MyRTA records. You will be required to register for online account if don’t have one.
To find out more information about demerit points please visit RTA website.