Demerit point suspension

Information about demerit points and demerit point suspensions.

Demerit points are a penalty that you receive for certain offences.

When you get a driver licence, your demerit point balance is zero. If you commit a traffic offence with a demerit point penalty, the points will be added to your driving record. Offences with a demerit point penalty also come with a fine.

If you get too many demerit points on your driving record, your licence will be suspended, or Transport for NSW (TfNSW) may refuse to renew your licence.

You can receive demerit points for an offence anywhere in Australia. If you commit an offence outside of NSW, the demerit points for that offence in NSW will be added to your driving record.

Don’t drive while your licence is suspended.

  • Warning

    Warning

    It is an offence to drive while suspended. Serious penalties apply, including licence disqualification, heavy fines and imprisonment.

If you have not committed any driving offences, you will have zero demerit points. If you commit an offence that has a demerit point penalty, the points are added to your driving record.

If you reach your demerit ​points limit, your licence will be suspended and/or Transport for NSW (TfNSW) may refuse to renew your licence.

To check your demerit point balance, see Check your demerit points on the Service NSW website. You don’t have to pay a fee to check your demerit point balance.

You will need your driver licence number.

If you commit a traffic offence in NSW, you will usually receive a fine and demerit points.

Demerit points are added to your driving record:

  • after you pay the fine
  • after a court convicts you of an offence
  • after the deadline for applying to go to court has passed - if you didn’t pay the fine or apply to go to court.

To check whether a particular offence carries any demerit points, see Search offences and penalties on the NSW Government website.

Demerit points stay active for three years, starting from the date of the offence.

Demerit points become inactive:

  • three years after the offence date
  • at the start of a demerit point suspension - if the points counted towards the suspension
  • at the start of a good behaviour period - if the points counted towards the suspension that led to the good behaviour period.

Demerit points will not count towards your suspension if you incur them after you are served with a Notice of Suspension but before:

  • your suspension starts, or
  • your good behaviour period starts.

Demerit points don’t become inactive if your licence is disqualified. If your licence is disqualified, your demerit points will remain active and count towards your demerit point balance. If you are disqualified for an offence that carries demerit points, the points will be added to your driving record.

All demerit points stay on your driving record, even after they become inactive. A court can take old offences into account when sentencing you for a future offence.

Your demerit points limit depends on what type of licence you have:

  • Learner licence – 4 points
  • Provisional P1 licence – 4 points
  • Provisional P2 licence – 7 points
  • Unrestricted licence – 13 points
  • Professional drivers – 14 points
  • Unrestricted licence during a good behaviour period – 2 points.

If you reach your demerit points limit, your licence will be suspended. The length of your suspension will depend on what type of licence you have:

Type of licenceLength of suspension period
Learner licence 3 month suspension
Provisional P1 licence (P1) (also known as red Ps)3 month suspension
Provisional licence (P2) (also known as green Ps)3 month suspension
Unrestricted licence
  • 3 month suspension - if you accumulate 13-15 demerits
  • 4 month suspension - if you accumulate 16-19 demerits
  • 5 month suspension - if you accumulate 20 or more demerits
Unrestricted licence with a good behaviour periodTwice the original suspension. 
Professional licence
  • 3 month suspension – if you accumulate 14 to 15 demerit points 
  • 4 month suspension - if you get 16 to 19 demerit points 
  • 5 month suspension - if you get 20 or more demerit points 

If you receive a demerit point suspension or high-risk driving offence 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.

If you incur 2 demerit point suspensions during your time as a provisional driver (P1 and P2 combined), TfNSW may ask you to complete:

  • a driver knowledge test
  • a driver education program such as the Traffic Offender Intervention Program, or
  • both.

If you have an unrestricted licence and you incur 2 demerit point suspensions in a 5-year period, TfNSW may also ask you to complete:

  • a driver knowledge test,
  • a driver education program such as the Traffic Offender Intervention Program, or
  • both.

You will have to pay a fee to attend the driver education program.

Your licence will remain suspended until you complete these programs.

For more information about multiple demerit point suspensions, see How demerit points work on the NSW Government website.  

You can only appeal a demerit point if you have a learner or provisional (P1 or P2) licence.

You have until the day before your suspension starts to appeal.

If you appeal, you should check with Transport for NSW whether your suspension has been stayed (stopped temporarily) until your appeal is heard before you drive. Serious penalties apply if you are convicted of driving whilst you are suspended.  

For more information, see Appealing the suspension.

If you have an unrestricted licence and your licence has been suspended because of excess demerit points, you may be able to apply for a good behaviour period.

You must apply before your suspension begins. If you don’t, your licence will be suspended.

You can do this:

  • online, or
  •  in person at your nearest Service NSW Centre.

To find your nearest Service NSW Centre, see Find a Service NSW location on the Service NSW website.

Transport for NSW may ask you to pass a driver knowledge test before you can start your good behaviour period. Your licence will be suspended until you pass the test.

If you get two or more demerit points during your good behaviour period, your licence will be suspended for twice the original suspension period. You can’t appeal and can’t apply for another good behaviour period to avoid the suspension.

For more information, see Apply for good behaviour period on the Service NSW website.  

If you are a professional driver and your licence has been suspended for accumulating 13 demerit points, you may be able to for professional driver status.

If you are eligible for professional driver status, you can increase your demerit points limit to 14 demerit points and avoid a suspension.

A professional driver is someone who:

  • has an unrestricted driving licence
  • is paid to drive more than 20 hours per week - volunteers don’t qualify for professional driver status
  • transports goods within NSW or interstate
  • is a a bus, taxi or hire car driver.

You are eligible to apply if:

  • held an unrestricted NSW driver licence for the past six months
  • exactly 13 demerit points
  • a Notice of Suspension – the suspension must not have started
  • been refused your licence renewal for accumulating exactly 13 demerit points.

To apply you must visit your nearest Service NSW Centre. To find your nearest Service NSW Centre, see Find a Service NSW location on the Service NSW website.

If your application is successful:

  • your suspension will be withdrawn
  • your licence renewal refusal will be withdrawn
  • all 13 demerit points will remain active on your licence.
  • Your demerit points will become inactive three after years from the date of the offence.

If you later accrue more 14 point or more demerit points, your licence will be suspended.

You should apply for professional driver status as soon as possible. If your application is unsuccessful, you may still be able to apply for a good behaviour period before your suspension begins.

You can’t apply for professional driver status if your licence is suspended while you are on a good behaviour period.

For more information, see Professional driver demerit points on the Transport for NSW website.

If your appeal is successful, the demerit points counted towards your suspension will remain active and count towards your demerit points balance. They will remain active for three years from the date of the offence. If you accrue any more demerit points, it is likely your licence will be suspended.

If you appeal the suspension and get a reduced suspension period or are told you must serve the full suspension period, the demerit points counted towards your suspension will become inactive on the date your suspension starts.

All offences stay on your driving record, even after the demerit points become inactive. A court can take old offences into account when sentencing you for a future offence.

All demerit points counted towards your suspension will become inactive on the day you start your suspension. They will no longer count towards your demerit point balance. If all your demerit points are counted towards your suspension, your demerit points balance will return to zero.

Any demerit points not counted towards your suspension will remain active and count towards your demerit point balance. Your demerit point balance won’t return to zero.

If you accrue more demerit points and reach your demerit points limit, your licence may be suspended again.

All offences stay on your driving record, even after the demerit points become inactive. A court can take old offences into account when sentencing you for a future offence.

All demerit points counted towards your suspension will become inactive and no longer count towards your demerit point balance. If all your demerit points are counted towards your suspension, your demerit points balance will return to zero.

Any demerit points not counted towards your suspension will remain active and count towards your demerit point balance. Your demerit point balance won’t return to zero.

If you accrue one demerit point during your good behaviour period, this point will remain active for three years from the date of the offence.

All offences stay on your driving record, even after the demerit points become inactive. A court can take old offences into account when sentencing you for a future offence.