Demerit Points in NSW: Limits, Suspension, Good Behaviour Periods and Appeals

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

In New South Wales, an unrestricted licence is suspended at 13 demerit points (for 3, 4 or 5 months depending on the total), a P2 licence at 7 and a learner or P1 licence at 4 (for 3 months); an unrestricted licence holder can instead apply for a 12-month good behaviour period before the suspension starts, and learner and P drivers can appeal to the Local Court.

Checked on 23 October 2026 against Transport for NSW, Service NSW, Legal Aid NSW and the Judicial Commission of NSW's Local Court Bench Book.

The limits and suspension periods

• The 3 years: the offences behind a suspension must fall within a 3-year period, and Transport for NSW does not count offences older than 40 months.
• Learner and P drivers: every speeding offence carries at least 4 points, so a single speeding offence reaches the limit on a learner or P1 licence.
• When points are added: when you pay the fine, when Revenue NSW enforces an unpaid fine, or when a court convicts you. Points stay active for 3 years from the offence date; the offence itself stays on your driving record.
• Later offences: points for offences after you are served with a Notice of Suspension, but before the suspension (or a good behaviour period) starts, do not count towards that suspension.
• Interstate offences: Transport for NSW says the NSW points for the equivalent offence may be applied to your licence.
• Twice in 5 years: if you exceed your limit twice within 5 years, you may have to pass the Driver Knowledge Test in person and, on an unrestricted licence, complete a driver education course.
• The notice gives the date your suspension starts. Afterwards you don't need to reapply for your licence if it has not expired in the meantime.

The good behaviour period (unrestricted licence)

• Who: unrestricted NSW licence holders whose suspension letter says they can apply. Learner and P licence holders cannot.
• When: before the suspension starts. You can apply online through Service NSW if at least 2 business days remain; otherwise you must apply at a Service NSW Centre. A successful online application gets a receipt straight away and a letter within 14 business days.
• No changing your mind: once you have applied, you cannot choose the suspension instead.
• A knowledge test first: if you need to pass the Driver Knowledge Test, the period starts once you pass; if you have not passed by the time the suspension would start, your licences are suspended until you do.
• The 12 months: if you get 2 or more points, all your licences are suspended for double the original period, and you cannot appeal or apply for another good behaviour period. A single 1-point offence does not breach it, but that point stays active for 3 years.

Professional driver status

If your licence is to be suspended at exactly 13 points, you may be able to apply for professional driver status, which raises your limit to 14 and avoids the suspension. Legal Aid NSW says you must have held an unrestricted NSW licence for the past 6 months, be paid to drive more than 20 hours a week (volunteers don't qualify) carrying goods or driving a bus, taxi or hire car, and apply before the suspension starts.

Double demerits

• Holiday periods only. Speeding, illegal mobile phone use, seatbelt offences (not wearing one, or carrying passengers who aren't) and motorcycle helmet offences carry double points. The fine is not doubled.
• School zones: it is the higher school-zone points that are doubled.
• Next period: Thursday 24 December 2026 to Sunday 3 January 2027. In 2026 the periods also covered the Australia Day, Easter, Anzac Day, King's Birthday and Labour Day holidays.

Points for common offences

The speeding points are from Transport for NSW's speeding schedule (as at 1 July 2025) and the red light points from its general offences schedule (as at 1 July 2020). Fines change, so check the amount on your penalty notice or in Transport for NSW's offence search.

• Camera fines: if someone else was driving, you must name the driver, and the fine and points transfer to them.
• A caution: if you were caught speeding by 10 km/h or less and have a 10-year clean record, you can ask Revenue NSW for a review. If a caution is given, there is no fine and no points are recorded.

Appeals: learner and P licences only

• Unrestricted licence: no appeal against a demerit point suspension, and none while on a good behaviour period. The good behaviour period is the alternative.
• Learner and P licences: you can appeal to the Local Court.
• The deadline: official sources put it differently. Transport for NSW and Service NSW's appeal page say within 28 days of receiving the notice (a posted notice is taken to be received 4 days after posting); Legal Aid NSW and Service NSW's suspension guide say before the suspension starts. Lodge as soon as you can, inside both.
• How: lodge an application notice online through the NSW Online Registry or at any Local Court registry.
• While you wait: a Transport for NSW suspension is paused until the court hears your appeal, so you can keep driving. Legal Aid NSW suggests checking with Transport for NSW before you drive.
• The hearing: the court looks at your driving record, why you need your licence and the danger to the community if the suspension is lifted. It can lift the suspension, shorten or lengthen it, or dismiss the appeal, and you cannot appeal its decision. Legal Aid NSW suggests two or three character references.

Driving while suspended

Driving while your licence is suspended carries, for a first offence, a maximum fine of $3,300 and up to 6 months' jail, plus an automatic disqualification of 6 months (the court can reduce it, to no less than 3 months). If, within the previous 5 years, you were convicted of driving while suspended, disqualified or unlicensed, or of a major driving offence, or were fined for a drink or drug driving offence, the maximums are $5,500 and 12 months, with an automatic 12-month disqualification (minimum 6). Police can also impound vehicles and take number plates from drivers who keep driving unlicensed or disqualified.

The demerit point reward

Transport for NSW's demerit point reward trial, which removed one point from eligible drivers who stayed offence-free for each 12-month period, finished on 31 January 2026. A bill to make a reward scheme permanent was still before Parliament when we checked on 23 October 2026, so it is not law yet.

Free help in New South Wales

You can check your points free online through a MyServiceNSW Account: it shows the active points on your licence within the last 3 years and 4 months, and your limit.

How Go To Court Lawyers can help

Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in New South Wales is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise whether to apply for a good behaviour period or professional driver status, prepare a learner or P-plate appeal, and act for you on a charge of driving while suspended. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.

General information only, not legal advice. Updated 23 October 2026. Checked against Transport for NSW's pages on how demerit points work, learner and provisional drivers, licence suspension, licence offences, double demerits, mobile phones and seatbelts, and its speeding (as at 1 July 2025) and general (as at 1 July 2020) demerit schedules; Service NSW's good behaviour period, demerit check, licence suspension and online appeal pages; Legal Aid NSW's demerit point suspension, licence appeal, Fined Out and contact pages; the Judicial Commission of NSW's Local Court Bench Book (road transport legislation); and the NSW Parliament's page for the Road Transport Amendment (Demerit Points Reduction) Bill 2026, on 23 October 2026. The Road Transport Act 2013 itself could not be read on the NSW legislation website that day.