If you commit a traffic offence, you will be issued with a Traffic Infringement Notice (often referred to as a TIN). The demerit points attached to that offence will be added to your record when one of the follow occurs:
- The infringement amount is either paid in part or full; or
- You have admitted liability and requested an extension of time to pay the infringement or entered into a payment plan;
When you first receive your licence you will have 0 demerit points. As you commit traffic offences, the demerit points for those offences (see table below) will be added to your register. If in the 3 years preceding the date that you committed your most recent traffic offence you have exceeded your demerit point threshold, your licence will be suspended. For example, if you hold a full licence and commit a traffic offence on 01/08/2016, and if between 01/08/2013 and 01/08/2016 you have accumulated equal to or more than 12 points (including the demerit points for the most recent offence), you will be issued with a suspension notice.
|Licence Type||Demerit Point Threshold||Length of Suspension|
|Learner||Exceeded by 4 or more points||3 months|
|Provisional||Exceeded by 4 or more points||3 months|
|Full||Exceeded by 12 but less than 15 points||3 months|
|Exceeded by 16 but less than 19 points||4 months|
|Exceeded by 20 or more points||5 months|
If you hold a provisional licence, and have successfully complete d the Road Ready Plus (‘P Off Course’), your demerit point threshold will be 8.
Can I Appeal Against The Suspension?
In the ACT, there is no right of appeal against the suspension of either an unrestricted or restricted licence.
Can I Elect To Have The Offence Heard By A Court?
You can elect to take the infringement offence that would result in a suspension to Court. If the court dismisses the offence because you are not guilty, or if the court deals with you by not recording a conviction under section 17 of the Crimes (Sentencing) Act, the demerit points are not added to your licence and therefore there is no suspension.
The traffic law team at Armstrong Legal are very experienced with licence suspension matters and can assist you.
WHERE TO NEXT?
In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.