Frequently asked questions
What are the changes made to the demerit points scheme and when did they come into effect?
The changes to the NSW demerit points scheme are:
- The demerit points threshold for unrestricted licence holders increased from 12 to 13 demerit points.
- The demerit points threshold for professional drivers increased from 12 to 14 demerit points.
These changes came into effect on 31 January 2011. Additionally, if you are found guilty of a demerit point offence but the court 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 to court decisions made on or after 31 January 2011.
What does 'demerit points threshold' mean?
The demerit points threshold is the number of demerit points a licence holder has to accumulate in order to be issued a notice of suspension.
Why were these changes implemented?
Since the demerit points scheme was introduced in 1969, the motoring environment has changed significantly. The number of vehicles on the road has increased, and the road network has been extended and improved.
The changes to the demerit points scheme have been implemented to reflect these conditions.
The additional point for professional drivers recognises that these drivers spend more time on the roads.
Can I apply for professional driver status at any time?
No. You can only apply for professional driver status if you have received a notice of licence suspension or you have been refused a licence renewal, for incurring 13 demerit points. This is because your status as a professional driver is only relevant when demerit point enforcement action is being taken against your licence.
Can I apply for professional driver status if my good behaviour licence is being suspended?
No. A person who has already elected to be of good behaviour and who has accrued two or more demerit points and is being suspended cannot apply for professional driver status.
Can I apply for professional driver status if I am being suspended for an excessive speeding offence or if I have been disqualified from driving by a court for a serious offence such as drink driving?
No. The professional driver option is part of the NSW demerit points scheme. If you are being suspended for some other reason such as excessive speeding or if you have been disqualified by a Court, you are not eligible for the professional driver option.
I am currently serving a demerit point suspension for reaching or exceeding 12 demerit points – do these changes affect me?
The recent changes to the demerit points scheme do not apply to a notice of suspension issued before 31 January 2011. These suspensions will continue and will end as stated in the notice of suspension.
The increased thresholds and professional driver options apply only to suspension notices issued on or after 31 January 2011.
Are there any changes to learner or provisional licences?
No. The demerit points thresholds for holders of learner, provisional P1 and provisional P2 licences are unchanged.
Who is a professional driver? What criteria must they meet?
A professional driver is a holder of an unrestricted licence who is:
- a motor vehicle driver who transports goods either inter and/or intra-state
or - a bus, taxi or hire car driver who holds an authority issued under the Passenger Transport Act 1990.
The following conditions apply:
- you must earn an income for the driving work and drive more than 20 hours per week. Volunteer drivers do not qualify.
- you must have been a professional driver on the date of your last demerit point offence and on the date the notice of suspension was given (or the date you were refused a licence).
You will not qualify as a professional driver if:
- driving a motor vehicle is incidental to your primary work such as a tradesperson, vehicle repairer, salesperson, carer, tow truck operator, food vendor etc.
- your primary work is driving an implement (grader, road roller, bulldozer etc).
- you have not held a licence for more than six months because it expired or was disqualified, and you are now applying for a licence.
- your primary work is personally driving a motor vehicle but the driving is not for the purpose of transporting goods.
- your primary work is personally driving a motor vehicle to transport people but the driving is not for the purpose of transport under the Passenger Transport Act 1990.
- your driving is only to transport yourself to your place of work or education.
When can I apply for professional driver status?
An application for professional driver status will be considered if you:
- have either been issued a notice of suspension (which has not yet commenced) or you
- have been refused a licence renewal and you have held an unrestricted NSW driver licence within the past six months
- in either case, you have accumulated exactly 13 demerit points.
An application for a professional driver status will not be considered if you have accrued 14 or more demerit points.
How do I apply for professional driver status?
If you have received a notice of licence suspension in the mail, you need to visit a motor registry or agency before the suspension period begins.
You will need to:
- bring your notice of suspension with you to the motor registry.
- meet all the criteria for a professional driver as stated above.
- complete the Professional Driver Declaration form available from the motor registry.
If you are a bus, taxi or hire car driver, you will need your current Driver Authority.
If you have been refused a licence renewal because you have reached exactly 13 demerit points, to apply for professional driver status your driver licence must also not have been disqualified or expired for more than six months.
What information must be provided in the Professional Driver Declaration form?
You will need to include the following information:
- the company/business name of your employer (includes self employed).
- the name of the taxi operator(s) and taxi network(s) (in the case of a taxi driver).
- the title of the job you are employed to do (eg. truck driver or bus driver).
- the number of hours per week you are paid to perform this driving work.
- confirmation that you were a professional driver at the date of your last demerit point offence and at the date you were issued a notice of suspension or the date your licence renewal was refused.
- your contact telephone number.
- the number and expiry date of the Driver Authority issued under the Passenger Transport Act 1990 (if you are a bus, taxi or hire car driver).
To apply for professional driver status, do I need to have been a professional driver for the whole period the points were accrued?
No. However, you must have been a professional driver at the date of the last offence which caused you to reach 13 demerit points and also at the date the notice of suspension was issued or the date your licence renewal was refused.
My application for professional driver status was accepted – what happens now?
The motor registry will refer your application for professional driver status to an Roads and Maritime Services (replacing Roads and Traffic Authority) administrative office for a final check. Where that check results in your application being accepted:
If a notice of suspension was issued, it will be withdrawn and your licence will not be suspended.
If your application for a licence renewal was refused, the refusal will be withdrawn and your licence renewal will be processed.
The 13 demerit points you have accrued and all the related offences will still remain on your record.
If you accrue more demerit points, you will be issued with a new notice of suspension. If this happens, you will still have the option to elect good behaviour.
Do I have to re-apply for professional driver status each time I am issued a suspension notice or refused a licence?
Yes. A new application must be made because your employment as a professional driver may have ended since the last licence suspension.
I have not had a current licence for a while. Can I apply for professional driver status?
If you have not had a driver licence for more than six months, you cannot apply for professional driver status.
If you apply for a licence when you have accrued 13 or more demerit points, your application will be refused. However, you may still elect to be of good behaviour to have your licence renewed.
The Professional Driver Declaration states that Roads and Maritime Services (replacing Roads and Traffic Authority) may conduct checks on the information provided. What checks will be made?
Roads and Maritime Services (replacing Roads and Traffic Authority) may audit Professional Driver Declarations at a later time to verify the information that was provided. This means your employer can be contacted about what you are employed to do, the hours you work and to verify that you are paid for that work. Roads and Maritime Services (replacing Roads and Traffic Authority) can also confirm that the Driver Authority issued to a bus, taxi or hire car driver is valid and current.
What happens if Roads and Maritime Services (replacing Roads and Traffic Authority) finds out I provided false information in the Professional Driver Declaration?
Providing false information is a criminal offence. If the information is found to be false, Roads and Maritime Services (replacing Roads and Traffic Authority) may request the Police to prosecute. Heavy penalties including a term of imprisonment may be imposed by a court on conviction for the offence.
Roads and Maritime Services (replacing Roads and Traffic Authority) can also suspend the licence.
Is the professional driver option available to drivers who hold an interstate licence?
No. The professional driver option is part of the NSW demerit points scheme which applies to NSW licence holders. Therefore, holders of licences issued outside of NSW cannot apply for the professional driver option.