Learn when you can get demerit points back in NSW. Find out how to check points, how you can lose them, and recover them in this comprehensive guide.

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The demerit point system in NSW is an essential element for road safety. It acts as a deterrent against unsafe driving practices by penalising you with demerit points for various traffic offences. Demerit points work as penalty points assigned to your driver's licence for each offence, and the NSW Government regulates this scheme to encourage safe driving. If you accumulate too many demerit points, it can lead to severe consequences, such as licence suspension or disqualification, making it essential for you to adhere to road rules.

It is vital to understand the demerit point system in order to maintain a clean driving record. Demerit points are recorded against your driver licence, and accumulating too many can affect your driver's licence status, including possible suspension or other penalties. By being aware of the points you’ve accumulated and how they can impact your licence status, you can take steps to avoid penalties, such as driving more cautiously and adhering to traffic laws.

This article will provide a clear guide for drivers in NSW about the demerit point system. It will cover when and how demerit points are accrued, the potential consequences, and the process of regaining lost points.

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What are demerit points?

Demerit points are penalties assigned to drivers for various traffic violations in NSW. The system is designed to promote road safety by discouraging reckless or illegal driving acts. When you commit a traffic offence, a certain number of demerit points are added to your driving record.

The more severe the offence, the more points are accrued. This system acts as a deterrent by imposing the risk of demerit point suspension or disqualification if you accumulate too many points and exceed the demerit point threshold for your licence type.

You can accrue demerit points through various traffic offences such as speeding, using a mobile phone while driving, and running red lights.

The thresholds for licence suspension based on demerit points differ depending on the type of licence you hold, also known as licence types, such as:

• Unrestricted Licence (full licence holders): A suspension occurs when 13 or more demerit points are accumulated
• Provisional 2 Licence: A suspension occurs when 7 or more demerit points are accumulated
• Provisional 1 Licence: A suspension occurs when 4 or more demerit points are accumulated
• Learner Licence: A suspension occurs when 4 or more demerit points are accumulated

This means how many demerit points you can accumulate before facing demerit point suspension depends on your licence type and the demerit point threshold set by NSW law. Demerit points reset after a certain period, typically three years, but the reset period and rules may vary depending on the licence type. Full licence holders have a higher demerit point threshold compared to provisional or learner drivers.

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Demerit point limits in NSW

In New South Wales, understanding demerit point limits is essential for every driver who wants to maintain a clean driving record and avoid the risk of licence suspension. The demerit point system in NSW is designed to encourage safe and responsible driving by keeping track of demerit points for each traffic offence you commit.

The number of demerit points you can accumulate before facing a licence suspension depends on your licence type. For example, full (unrestricted) licence holders have a higher demerit point limit compared to provisional or learner drivers. If you reach or exceed your demerit point limit within a three-year period, you may face a licence suspension, which can seriously impact your ability to drive and your daily life.

Staying aware of your current demerit points and understanding the limits for your specific licence type is crucial. This knowledge helps you make informed decisions on the road and reinforces the importance of safe and responsible driving. By keeping within the demerit point limits, you not only protect your driving privileges but also contribute to safer roads across New South Wales. Remember, maintaining a clean driving record is the best way to avoid penalties and ensure you can continue driving without interruption.

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How long does it take to get my demerit points back?

In NSW, demerit points expire three years from the offence date. This means that each demerit point you accumulate will remain on your driving record for three years from the offence date, after which the demerit point is officially removed from your record. This process is known as a demerit points reset.

For example, if you were caught speeding on August 1 2024 and receive 3 demerit points, these will stay on your record until 1 August 2027. At this point, the demerit points will be removed and no longer affect your driving status. Sometimes, a reasonable period (such as a few extra months) may be added to the standard three-year period to allow for administrative processing before the demerit points reset.

Keeping track of your demerit points, their offence dates, and their expiration dates is important in avoiding licence suspensions and maintaining a clean driving record. By staying informed and aware of your current points you can better manage your driving record and avoid suspensions.

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How do I get my demerit points back?

There are 4 ways you can get your demerit points back, these include:

1. Waiting for the natural expiry of points
2. Electing for a good behvaiour licence
3. Working with a traffic lawyer
4. Completing your suspension period

Maintaining safe driving habits and avoiding further offences are also key strategies to avoid demerit points and help you regain lost points.

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1. Natural expiry of points

In NSW, demerit points naturally expire three years from the date of the offence. This means that after three years, the points will automatically be removed from your driving record, assuming no new offences have been committed that could extend the points on your record. Even if you have only one demerit point, that demerit point will be removed from your record after the three-year period, provided you do not commit any new offences.

Keeping track of these expiry dates is crucial to ensure you do not accidently risk your licence due to accumulated points.

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2. Electing for a good behaviour licence 

If you have accumulated enough demerit points for a suspension, you may be eligible to apply for a good behaviour period rather than serving the suspension. Any licence holder, including a full licence holder who has reached their demerit point limit, may be eligible for this option. This is generally available if you wish to avoid the inconvenience of a suspension but are willing to commit to a strict compliance period.

The good behaviour period usually lasts for a year and during this time you must adhere to the following conditions:

• No offences: You must not commit any traffic offences that would result in additional demerit points.
• Double length of suspension: If you breach the terms of the good behaviour period by committing an offence that incurs demerit points, the suspension period you initially avoided will double. This means if you are facing a 3 months suspension it would increase to 6 months.

Choosing a good behaviour licence demonstrates a commitment to safer driving and encourages safe driving practices, helping licence holders maintain a clean record and support road safety.

After your good behaviour period, you will get your demerit points back.

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3. Working with a traffic lawyer

If you have accumulated a significant number of demerits points due to a traffic offence and are facing a suspension, working with an experienced traffic lawyer is an essential step in getting your points back and retaining your driving privileges. If you receive a Court Attendance Notice for a traffic offence, a traffic lawyer can help tailor a defence to your individual circumstances and potentially help you avoid a criminal record.

When you take your case to court with an experienced traffic lawyer, several outcomes could potentially work in your favour. One of the most beneficial is obtaining a section 10 dismissal or a conditional release order without conviction:

Section 10 dismissal

Under section 10 of the Crimes (Sentencing Procedure) Act 1999, the court has the discretion of dismiss a charge without recording a conviction. This means that while you are found guilty of the offence, no conviction is recorded, and crucially, no demerit points are added to your driving record. 

If your lawyer successfully secures a section 10 dismissal, the offence is essentially dropped, meaning that any demerit points you would have received are not added to your record. 

Conditional release order without conviction

A conditional release order without conviction is a sentencing option available in NSW under the Crimes (sentencing procedure) Act 1999. It allows a court to find you guilty of a traffic offence but not record a conviction, provided you agree to comply with certain conditions set by court. 

A conditonal release order is a good behaviour bond without a conviction against you. The conditions often include being of good behaviour for a certain period, often up to two years. 

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4. Completing your licence suspension period

Once you have completed your driver licence suspension or have had your licence suspended for the required suspension periods, your demerit points are reset, effectively giving you a clean state.

After serving your suspension periods, your demerit points are cleared, and you start with zero points. This reset allows you to drive again without the immediate risk of another driver licence suspension due to previous demerit points.

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How are demerit points lost?

SPEEDING OFFENCES

Speeding is one of the most common reasons drivers lose demerit points. The number of points deducted depends on how much you exceed the speed limit. The more you exceed the limit, the more demerit points you will lose. It is important to always obey speed limits to avoid demerit points and comply with the Road Rules 2014 (NSW).

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USE OF MOBILE PHONE WHILE DRIVING

Using a mobile phone while driving is a significant safety hazard, and the penalties are designed to deter this behaviour. The usual fine for using your mobile phone while driving is 5 demerit points and $387.00. The penalties apply the moment a phone is touched or held while driving, regardless of the reasons.

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RUNNING A RED LIGHT OR STOP SIGN

Running a red light or failing to stop at a stop sign are serious offences due to the high risk they pose to public safety. Both these offences incur 3 demerit points. These offences not only incur demerit points but can also lead to significant fines and legal consequences, especially if they result in accidents or injuries.

During double demerit periods, which are typically enforced by NSW Police during holidays and long weekends, certain offences such as speeding, mobile phone use, and motorcycle helmet offences attract double demerit points. These periods are publicly announced and are intended to encourage safer driving and reduce road incidents during busy travel times.

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Checking your demerit points

In NSW, you can easily check your demerit points using the Service NSW platform. To do this, you will need your driver licence details. This online service allows you to manage various aspects of your driving record, including checking your demerit points, renewing your licence, and paying fines.

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How to check your demerit points online: 

1. Visit Service NSW Website

Go to the Service NSW website and log in using your My Service NSW Account. If you do not have one you will need to create one

2. Demerit Point Check

Once logged in, go to the ‘Driving and Transport’ section. Under this section, you will find an option labelled ‘Check your demerit points’.

3. Enter Your Details

You will need to enter your driver’s licence number and your date of birth. This ensures that the demerit point check is accurate and personalised to you.

4. View Your Points

After submitting your details, the platform will show your current demerit points, along with information about any offences that have led to the accrual of these points.

Note: If you have committed multiple drink driving offences within a specific period, you may be required to pass a driver knowledge test before you can regain your driving privileges.

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How to check demerit points in person:

1. Locate a Service NSW Center

Find your nearest service NSW center by using the locator tool on the service NSW website or app. Some Service NSW centers also provide maritime services in addition to driver licensing.

2. Identification

When visiting the center, you need a valid ID such as your driver’s licence or passport to verify your identity.

3. Request a Demerit Point Check

At the center, inform the staff that you would like to check your demerit points. They will access your records and provide you with the information.

You should check your demerit points regularly, especially after committing a traffic offence or receiving a fine. It is important to stay informed about your demerit point status to help avoid unexpected licence suspensions.

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Need representation to keep your licence?

If you’re facing the risk of losing your licence due to demerit points and need expert legal help, our Defence Lawyers offer experienced representation to assist you in navigating the system and retaining your driving rights. Professional drivers may have unique legal needs regarding demerit points, and Revenue NSW is the government body responsible for managing traffic fines, reviews, and related disputes in NSW.

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Contact us today at (02) 7813 0950, or by booking in a free initial consultation at with our Parramatta lawyers to discuss how we can help you to get you demerit points back and keep your licence.