On-the-spot suspension

Police can suspend and confiscate your driver's licence on the spot for:

• a serious driving offence causing grievous bodily harm or death
• drive with a prescribed concentration of alcohol (PCA) or under the influence of alcohol (DUI) or drugs
• refusing or failing to submit to a breath test or the taking of a blood sample
• a street racing or related offence
• an aggravated burnout offence
• speeding more than 45km over the limit (full licence holders)
• speeding more than 30km over the limit (learner or provisional licence holders)
• driving unaccompanied by a supervising driver (a learner licence holder).

If you are a visitor to NSW and you commit a driving offence, the police can give you a letter withdrawing your driving privileges for a period of time. You can’t drive in NSW during that period or until the matter is heard by the Local Court.

The length of your suspension will depend on the offence. 

Some major traffic offences carry demerit points as well as a fine.

If you commit a major traffic offence that carries demerit points, and you reach your demerit point limit, you may receive two suspensions:

• on-the-spot suspension
• demerit point suspension.

Learners and P1 licence holders have a demerit point limit of four points.

If you reach your limit, your licence will be suspended for three months, or Transport for NSW will refuse to renew your licence for three months.

All speeding offences committed by learner or P1 drivers carry at least four demerit points.

If you have a learner or P1 licence and you commit any speeding offence, you will receive a three-month demerit point suspension.

If you are caught speeding more than 30km/hr over the speed limit, your licence will also be suspended for speeding for three months.

If you are caught speeding more than 45km/or over the speed limit, your licence will also be suspended for speeding for six months.

The demerit point suspension will start after your suspension for speeding has finished.

If you commit a major traffic offence that carries demerit points, the points will be added to your driving record. The points don’t count towards your suspension. They will remain active for three years from the date of the offence.

If, when these demerit points are added to your driving record, you reach your demerit point limit, you will receive an additional demerit point suspension, on top of your on-the-spot suspension.

The demerit point suspension will start after your on-the-spot suspension has finished.

If your driver licence has been suspended on the spot, you may be able to appeal to the Local Court within 28 days.

You must file your appeal within 28 days of the date you were suspended by police. If you don’t, the Court won’t be able to hear your application.

Your licence will remain suspended until your case is heard by the Local Court.

For more information, see Appeal your licence suspension.

You can drive:

• after your suspension period ends
• after your disqualification period ends
• the Court finds you not guilty
• the Court gives you a section 10.

If the police took your licence, you need to replace your licence before you can start driving again.

If you still have your licence, you don’t need to replace your licence it unless it has expired, or you have been suspended or disqualified for another reason.

If your licence has expired, you need to renew it before you start driving again.

You should check that Transport for NSW has lifted your suspension before you start driving again.

If you receive a demerit point suspension or on-the-spot suspension, you must spend an extra six months on your P2 licence.

Your suspension does not count towards the 24 months you must hold your licence before you can apply for your unrestricted licence. You will need to remain on your P2 licence for the length of the suspension plus an extra six months for every suspension you receive.

For more information about P-2 licences, see Provisional P2 licence on the NSW Government website.