The Demerit Points System

The Demerit Points System from the RMS (Roads and Maritime Services)

Most clients ETB Legal speak with about Traffic and Speeding fines ask us about the demerit points system.

Here is some information directly from the Roads and Maritime Services (RMS) formerly known as the RTA.
Please check for the latest up-to-date information at: http://www.rms.nsw.gov.au/roads/safety-rules/demerits/

Or  you can of course, simply Google “demerit points” and “RMS”

Appeals

There is no right of appeal against the suspension or refusal of an unrestricted licence on the grounds of demerit points.

Good behaviour period

Unrestricted licence holders who receive a ‘Notice of Suspension’ due to the accumulation of demerit points can apply for a 12 month good behaviour period,instead of serving the suspension.
This option is not available to provisional (P) or learner licence (L) holders OR those already serving a good behaviour period.

If you choose a good behaviour election, you must make it before the suspension begins.
If the election is not made before the required date, then the suspension will be enforced.
The relevant legislation does not give Roads and Maritime Services the discretion to reissue the suspension notice with a new date, or to change a suspension to good behaviour after the suspension period has begun.

NOTE: If you accumulate 2 or more demerit points while serving a good behaviour period, your licence will be suspended for double the original suspension time.

Serious speeding offences and Demerit points:

You may be disqualified or have your licence suspended for serious speeding offences:

  • Driving more than 45 km/h above the speed limit – six months
  • Driving more than 30 km/h but not more than 45 km/h above the speed limit – three months

In addition to the suspension and disqualification periods, these offences also carry demerit points which are added to your record. If these demerit points cause you to reach or exceed your demerit points threshold, then an additional suspension or refusal period may apply under the Demerit Points Scheme.

Note: You may also be told to attend the “TOIP – Traffic Offenders Intervention Program in NSW” Download the TOIP Program PDF here for more information.

Licence suspension for ANY speeding offence for a learner (L)  or a provisional (P1) licence holder:

Holders of a learner or a provisional licence will receive a minimum of 4 demerit points for any speeding offence.
This means that both learners (L)  and provisional (P1) licence holders will have their licence suspended or refused for at least three months for any speeding offence.
A fine is also payable – see Speeding offences.

Demerit point offences that are heard in court:

  • If the court rules that a person is not guilty of a demerit point offence, it is the end of the matter. There are no fines to pay or demerit points to be recorded.
  • If a court finds a person guilty of the offence and convicts the person, the court usually orders a fine.
    In this case the offence will be recorded on the offender’s traffic record and RMS must apply the relevant number of demerit points.
  • If a court finds a person guilty of the offence and dismisses the offence under Section 10(1) of the Crimes (Sentencing Procedure) Act 1999, the demerit points related to the offence will not be recorded.
  • This applies for court rulings made on and after 31 January 2011.

Don’t wait another minute to get the legal representation you need. Call the Sydney criminal lawyers who can help. Your first conference is free. Call 0412 915 247 today.

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