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Criminal Law Blog NSW

Demerit points for speeding fines

Demerit points apply to drivers who commit traffic offenses. Typically, a driver who has not committed any offense begins with zero demerit points. When a driver commits a traffic offense, he or she may earn the corresponding demerit points. The more number of traffic offenses the driver commits, the more demerit points he or she will earn.

Each type of license has its own threshold of demerit points.

  • Unrestricted licence - 12 points
  • Provisional P2 licence - 7 points
  • Provisional P1 licence - 4 points
  • Learner licence - 4 points
  • Unrestricted licence with a good behaviour period - 2 points within the term of the good behaviour period

Reaching its limit will cause the driver to face certain consequences, such as suspension and refusal of license.

When license is suspended, a person cannot legally drive around the public roads for at least three to five months depending on the number of demerit points earned; otherwise he or she may be convicted for violating the Traffic Law. Refusal means that the driver cannot have their existing license re-issued within a given period of time.

The license suspension and refusal is issued by the Road and Traffic Authority (RTA) and is generally non-appealable. Upon issuance of license suspension and refusal, the RTA will send a Notice of Suspension or Refusal prior to the date of suspension and refusal.

Drivers can also earn demerit points under Section 10 of the Crimes (Sentencing Procedure) Act 1999. When a person who pleaded guilty of a traffic offense but has been dismissed by the court under Section 10, he or she may not have criminal records and loss of license but may accumulate certain demerit points.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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