How do I find out my demerit points balance?
You can check your demerit points balance online. As an additional security measure, to protect your personal information you will be required to establish an online account to access these transactions. The demerit points shown are those that the RTA may count towards suspension. You can also request a copy of your driving record (a fee is payable) online, by phoning 13 22 13, or by visiting any motor registry and providing proof of identity.
You will need your driver licence to obtain this information. Your driving record will show all offences and demerit points. You cannot obtain details of other people’s demerit points balance, driving record or personal details.
How long does it take for demerit points to show on my record?
In the case of a penalty notice, the RTA will be advised of the offence and add the demerit points after you pay the fine to the State Debt Recovery Office (SDRO), or if payment is not made, when the final date for payment is reached.
If the offence is heard by a court, the RTA will be advised if the court finds you guilty of the offence. The RTA will then add the demerit points to your record. Demerit points are recorded even if you are found guilty of the offence and the court dismisses the offence under Section 10(1) of the Crimes (Sentencing Procedure) Act 1999.
What happens if I don’t pay my fine?
If you do not pay your fine by the due date, the SDRO will issue an enforcement order. It will also refer the offence to the RTA for recording and the RTA will add demerit points. Suspension or refusal under the demerit point scheme will follow if these demerit points cause you to exceed your demerit point limit.
Your driver licence can also be suspended or an application for a licence refused under the Fines Act 1996 if you do not pay your outstanding fines to the SDRO.
Do demerit points become too old to be counted towards suspension?
The law does not limit the counting of demerit points to offences that are less than three years old. Demerit points remain on a person’s driving record irrespective of the age of the offence. However, the RTA considers it unreasonable to count offences that are more than 40 months old.
How does the three year period work
The three year period is the period in which the offences that have caused you to reach or exceed your demerit point threshold, must be committed. It is calculated using the offence dates, not the date the fines were paid or heard in court. The three year period can be any three year period in the past and not just the last three year period.
Suspension can only be applied if you exceed your demerit point threshold for offences committed within a three year period.
How will I know my licence is suspended or refused?
The RTA will send a Notice of Suspension or Refusal to licence holders who reach or exceed the number of points available for their type of licence or who commit an excessive speed offence. If your licence has expired or is about to expire, a Notice of Suspension will not be issued. Instead, you will be refused a licence when you attend a motor registry and apply for a licence renewal.
The imposition of a licence suspension or refusal relies on the RTA serving a Notice. A Notice of Suspension or Refusal will specify the date the licence suspension or refusal is to begin
Only after attending a motor registry and applying for a licence or licence renewal will a formal refusal be applied and a refusal notice given. The refusal will be for the same period as a suspension would have otherwise applied.
My licence has been suspended. When can I start driving again?
If your licence is still current, you can start driving as soon as your suspension period ends. This date will be shown on your Notice of Suspension. If your licence has expired during the suspension period, you will need to renew your licence before you can recommence driving.
Please note that renewal notices are not sent to suspended drivers and you cannot renew your licence while it is suspended, so you will need to check your licence is current before you start driving again.
If a licence application has been refused, you cannot drive until you are issued a driver licence.
Will a demerit points suspension delay my progress in the graduated licensing scheme?
Yes. As a learner or provisional driver, a period of demerit points suspension will not be included in the minimum period required to graduate to a P1, P2 or unrestricted licence. This also applies for licence disqualifications and cancellations.
What happens if I drive while suspended for reaching the demerit points threshold?
Heavy penalties including a gaol sentence and disqualification from driving may be imposed by a court if you are convicted of driving while suspended or refused.
Are all my demerit points cleared from my record when I complete a period of suspension of my driver’s licence?
Demerit points which contribute towards a demerit point suspension or refusal and which are shown on a Notice of Suspension or Refusal can’t be counted towards further licence suspensions. If other offences are recorded after a Notice of Suspension or Refusal has been issued, the points for those offences will remain on your record and may count towards future suspension or refusal. All your offences and demerit points will be displayed on your driving record because this accurately reflects your driving history.
What if my licence has been disqualified by a court?
Demerit points are unaffected by a court disqualification. Any demerit points on your record will remain and may be used to suspend or refuse a licence at a later time. If the offence which resulted in the disqualification attracts demerit points, these will also be recorded on your record.
If a demerit point licence suspension period is interrupted by a court disqualification, the unserved suspension period may need to be served at the end of the disqualification period.
If you reach or exceed your demerit point limit during a period of disqualification, you may be refused a licence when you re-apply for a licence at the end of the disqualification period. If you are refused a licence, you may be eligible to apply for a good behaviour licence instead of a period of refusal.
What if I commit a demerit point offence while driving outside of NSW?
The National Driver Licensing Scheme (NDLS), which has been adopted by all Australian jurisdictions, provides that details of certain driving offences committed by a driver while visiting in another State are to be transferred to that driver's home jurisdiction for recording on their traffic record.
The relevant driving offences are those listed in the Administrative Guideline for the NDLS published by the National Transport Commission (www.ntc.gov.au).
The NDLS also provides that the driver’s home jurisdiction is to apply the number of demerit points it would have applied, had the offence been committed in the driver’s own jurisdiction.
If you hold a NSW licence and commit certain offences in another state, the offence will be returned to NSW and the number of demerit points that the offence attracts in NSW will be applied. These demerit points may be used to suspend or refuse a licence.
What if I hold a licence from another state or territory and commit a driving offence in NSW?
You will be required to pay the fine in NSW. Where the offence is a relevant national offence, details of the offence will be sent to your home state and included on your driving record. Your home state will determine the number of demerit points to be applied and will suspend your licence if the offence(s) causes you to exceed your demerit point limit. If you are suspended by your home state, you cannot drive in NSW. If you exceed 12 or more points in a three-year period, the RTA may withdraw your right to drive in NSW.
What types of vehicles are meant by the ‘vehicle classes’ shown in some demerit point offences?
The Road Transport (General) Regulation 2005 defines vehicle classes as follows:
Class A motor vehicle:
A motor vehicle with a Gross Vehicle Mass (GVM) less than 4.5 tonnes, or
A motor vehicle and trailer combination with a Gross Combined Mass (GCM) less than 4.5 tonnes.
Class B motor vehicle:
A motor vehicle with a GVM more than 4.5 tonnes but less than 12 tonnes, or
A motor vehicle and trailer combination with a GCM more than 4.5 tonnes but less than 12 tonnes.
Class C motor vehicle:
A motor vehicle with a GVM more than 12 tonnes, or
A motor vehicle and trailer combination with a GCM more than 12 tonnes.
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