There is a massive list of offences in NSW which result in demerit point penalties. While this is by no means an exhaustive list, here is a guide to points penalties for some common offences:-

• Speeding offences: See speeding offences for a full list
• Failure to display L or P plates: 2 demerit points
• Failure of you or a passenger to wear a seltbelt: 3 points (increased to 6 demerit points if there are two or more unrestrained passengers)
• Failing to stop at Red Light, Stop Sign or Give Way Sign: 3 demerit points (4 demerit points if in a school zone)
• Other failures to observe a traffic sign: 2 demerit points
• Failure to Give Way when required: up to 3 demerit points
• P1/P2 driver carrying more than one passenger: 7 demerit points
• Vehicle defects: up to 3 demerit points.

Certain serious offences (such as drink driving) do not carry point penalties, but will go directly to the court rather than being handled through the RTA demerit point process.

A driver on a full license will be suspended for at least three months if they accrue the following number of demerit points in a three year period:-

• Open license: 13 demerit points;
• Professional drivers: 14 demerit points;
• P1 licence: 4 demerit points;
• P2 license: 7 demerit points;
• Learner: 4 demerit points;

Learner, P1 and P2 drivers will also face higher demerit points penalties than drivers on an open licence for some offences.

A driver on an open license can avoid suspension by applying for a 12 month good behaviour period. Drivers will be given the option to accept a suspension or apply for a good behaviour period. The good behaviour period lasts 12 months and drivers who accrue two or more demerit points during this period will be suspended for at least 6 months.

A recent change to the law in NSW can enable someone to appeal a demerit point penalty that would result to a suspension. Such an appeal can occur even if you are guilty of the traffic offence which led to the demerit points penalty. This removes the previous inconsistency which prevented people suspended for demerit point offences having the same appeal rights as someone suspended for court-determined driving offences (such as drink driving).

Effectively these appeals will be an appeal of the point penalty for your most recent offence, although you can expect the court will take your whole traffic record into consideration when deciding whether to grant relief.

For more on this appeals process, click here.

Drivers in New South Wales who are worried about their demerit points status can now check their current demerit point balance for free on the RTA website at http://www.rta.nsw.gov.au/myrta/myrecords/index.html .

LAC Lawyers have a team of lawyers with the experience in traffic law cases that you need to get the best outcome. The following is a selection of our practicing traffic lawyers.

• Michael Pickering, Traffic Offences Lawyer Melbourne
• Mark Bostock, Traffic Offences Lawyer Sydney
• Scott Gray, Traffic Offences Lawyer Sydney
• Patrick Mulligan, Traffic Offences Lawyer Melbourne

If you have received notice of a traffic offence that may put you over your demerit point allocation please contact LAC Lawyers. We can advise whether you have reasonable prospects of retaining your license.

Call LAC Lawyers on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne) to receive assistance regarding the applicable penalties in your case and to advise whether there are reasonable prospects of you retaining your licence. We can represent you regarding any licence appeals.