In NSW, drivers who accumulate too many demerit points within a set period can face an automatic licence suspension, even if the offences themselves seem minor. Demerit points are recorded for a wide range of traffic violations, and once the legal threshold is reached. Transport for NSW may suspend your licence for a specified time. This can have serious consequences for work, family responsibilities, and daily life. This article explains what triggers a demerit point suspension, the point limits that apply, how long suspensions last, whether you can appeal and when obtaining legal advice may help protect your licence.

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What Is a Demerit Point Suspension?

A demerit point suspension is an administrative licence suspension imposed under NSW law when a driver accumulates too many demerit points for traffic offences within a specified period. Unlike suspensions ordered by a court, this type of suspension is issued directly by Transport for NSW without the need for a hearing. Demerit points are attached to offences such as speeding, mobile phone use, and other traffic violations, and they remain active for three years from the date of the offence. Once a driver exceeds their permitted point limit within that three-year period, Transport for NSW will issue a suspension notice by mail setting out when the suspension begins and how long it will last. The suspension occurs automatically once the threshold is reached, and drivers may receive little warning before losing their licence.

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Demerit Point Thresholds by Licence Type

Full Licence Holders

Fully licenced drivers in NSW will face a licence suspension if they accumulate 13 or more demerit points within a three-year period. Once this threshold is reached, Transport for NSW will automatically issue a suspension notice outlining the start date and duration of the suspension. In many cases, eligible drivers may be offered a “good behaviour period” as an alternative to immediate suspension. This option allows the driver to continue driving for 12 months under strict conditions, provided they incur no more than two additional demerit points during that time. If the driver breaches the good behaviour conditions, a longer suspension will apply.

Provisional Licence (P1 and P2)

Provisional drivers face much lower demerit point limits than full licence holders. P1 drivers will be suspended after accumulating 4 or more demerit points, while P2 drivers are suspended once they reach 7 or more within a three-year period. Unlike unrestricted licence holders, provisional drivers are not eligible for the good behaviour period as an alternative to suspension. This means that once the threshold is exceeded, a suspension will automatically apply. The typical suspension period is at least three months, although it can be longer in some circumstances. Transport for NSW will issue a formal notice directly to the driver advising when the suspension starts and how long it will last.

Learner Drivers

Learner drivers in NSW will face a licence suspension if they accumulate 4 or more demerit points within a three-year period. This applied regardless of whether the offence occurred while driving under supervision, as demerit points attach to the learner’s driver’s record, not the supervising driver. As the learner licence holders are subject to strict conditions, even relatively minor traffic offences can quickly lead to suspension. Once the threshold is reached, the suspension is imposed automatically by Transport for NSW without court involvement. Appeal options are limited and generally only available in specific circumstances, so learner drivers should take extra care to avoid accumulating points.

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How Long Does a Demerit Point Suspension Last?

The length of a demerit point suspension in NSW depends primarily on how far a driver exceeds their permitted point limit. In general, the more points accumulated over the threshold, the longer the suspension period imposed by Transport for NSW. Typical suspension lengths are three months for lower excesses, four months for moderate excesses, and up to five months or more when a significant number of additional points have been recorded. The exact duration is determined administratively by Transport for NSW and will be specified in the suspension notice sent to the driver. Previous driver history can also be relevant. Drivers who have been suspended before, particularly for demerit points, may face longer or stricter consequences if they reoffend. As these suspensions are automatic once the threshold is exceeded, there is usually little opportunity to negotiate the duration.

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Can You Appeal a Demerit Point Suspension?

When an Appeal Is (and Isn't) Allowed

Appealing a demerit point suspension in NSW is possible, but only in limited circumstances and on specific legal grounds. An appeal is made to the Local Court, which has the power to confirm the suspension, reduce the period, or allow the driver to keep their licence under certain conditions. However, you cannot appeal simply because losing your licence will cause hardship, inconvenience, or affect your employment. The court focuses on factors such as your driving history, character, need for a licence, and the risk to public safety. Strict time limits apply, so action must be taken quickly after receiving the suspension notice.

Good Behaviour Licence Option for Full Licence Holders

Full licence holders who reach the demerit point threshold are often given the option to elect a 12-month good behaviour period instead of serving an immediate suspension. This allows the driver to continue driving, but under strict conditions. During this period, the driver must not incur more than two additional demerit points. If they receive two or more points, the good behaviour licence is breached, and a suspension will be imposed for double the original suspension period. This can result in a significantly longer time off the road than the initial penalty. The option to elect the good behaviour period is time-limited, and drivers must notify Transport for NSW of their decision within the timeframe specified in the suspension notice. Otherwise, the standard suspension will automatically commence.

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What Happens After a Demerit Suspension Ends?

When a demerit point suspension ends, your licence is reinstated, but the demerit points that caused the suspension do not automatically disappear. In NSW, demerit points remain active for three years from the date of each offence, not from the date the suspension finishes. This means some or all of those points may still be on your record for a period after you regain your licence. If you commit another traffic offence while those points are still active, you could quickly exceed the threshold again and face a further suspension. For this reason, it is important to drive cautiously after reinstatement and be aware of your current point balance.

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Why Legal Advice Can Help

Obtaining legal advice promptly after receiving a demerit point suspension notice can make a significant difference to your options and outcome. An experienced traffic lawyer can review your driving record, confirm whether the suspension has been correctly imposed, and advise on whether you are eligible to appeal or elect a good behaviour period. Although appeal grounds are limited, legal guidance may identify issues such as defective service of the notice, administrative errors, or incorrectly calculated demerit points. These technical matters can be crucial. Timeframes are strict; drivers usually have only a short period to choose the good behaviour option or lodge an appeal before the suspension takes effect. Faraj Defence Lawyers have extensive experience in NSW traffic law and licence suspension matters, and can provide clear advice, prepare an effective case, and represent you in court where necessary.

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Need Help With a Demerit Point Suspension?

Demerit point suspensions are a common consequence of traffic offences in NSW, but they do not always mean you are without options. In some cases, suspensions can be challenged, reduced, or managed through alternatives such as a good behaviour period. Seeking advice early is particularly important if you rely on your licence for employment, business activities, or caring responsibilities, as strict deadlines apply and delays can limit what can be done. An experienced traffic lawyer can quickly assess your situation, explain your rights, and help you make informed decisions before the suspension begins. Faraj Defence Lawyers regularly assist drivers facing licence loss and understand the urgency these matters create.

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FAQs About Demerit Point Suspensions in NSW

What happens if I get more demerit points while already suspended?

If you commit another traffic offence while your licence is suspended, you can be charged with driving while suspended, which is a serious criminal offence. This carries substantial fines, further disqualification, and potentially imprisonment. Any additional demerit points recorded for new offences will also remain on your driving record and may trigger further consequences once your licence is reinstated. The penalties for repeat conduct are significantly harsher, so it is critical not to drive until your licence is lawfully restored.

Can I choose the start date of my demerit suspension?

Generally, no. Transport for NSW sets the commencement date of a demerit point suspension in the official notice sent to the driver. The suspension will usually begin on that specified date unless you successfully appeal or elect a good behaviour period. Drivers cannot simply nominate a more convenient time to serve the suspension, even for work or personal reasons.

What’s the deadline for electing a good behaviour licence?

Eligible full licence holders typically have a limited period, usually stated in the suspension notice, to elect a 12-month good behaviour period instead of serving the suspension. If no election is made within the timeframe, the suspension will automatically commence on the date specified. Due to the deadline being strict, drivers should act promptly.

Can I appeal if I was not notified of the suspension?

In some circumstances, yes. If you did not receive the suspension notice, for example, due to an incorrect address or postal issue, you may have grounds to seek legal advice about an appeal or other remedies. However, proving a lack of notification can be complex, and strict time limits still apply once you become aware of the suspension.

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