Article Category - Criminal Law and Traffic Offences By Alice Cheek 10 January 2019

We have had a number of enquiries recently from Learner and Provisional licence holders who have had their drivers’ licence suspended.

Here is a quick refresher about the main offences for which restricted drivers accrue demerit points and ultimately lose their licences.

Speeding Offences:

All licence holders, including Learner and Provisional licence holders, face immediate suspension if caught speeding by more than 30 km/h over the limit on the first offence. 

Any Learner or P1 holder will lose 4 demerit points and be automatically suspended from driving for at least 3 months for any speeding offence. In addition, you will also be issued with a fine.

A P2 holder will lose their licence for at least 3 months if they are caught speeding on more than one occasion. So, for example, if you are caught doing 10 km or under two times, on the second time you will have your licence suspended. You will also be fined on each occasion that you are caught speeding.

Mobile Phones:

When caught using a mobile phone while driving all Learner and Provisional drivers will receive five demerit points. This will exceed the limit for L and P1 licence holders resulting in a 3-month suspension.

It is important to note that using a mobile phone as a restricted licence holder includes not being able to use the hands-free mode, or speaking into a loud speaker on the phone.

Displaying L and P plates:

All plates must be attached outside of the vehicle. Each time you are caught with a plate not displayed clearly outside of the vehicle it is the loss of 2 demerit points and a fine. If you are caught two times without your plates displayed this will take you to the L and P1 licence plate demerit point threshold resulting in a 3-month suspension.

Passenger limits for P1 and P2 drivers:

It is commonly known that P1 drivers under the age of 25 years old are not permitted to drive with more than one passenger under 21 years of age between 11pm and 5am. However, if you are a P1 or a P2 licence holder and have been disqualified from driving when you receive your licence back you are only able to carry one passenger with you. This is at all times of the day and for a period of 12 months.

If you have received a suspension letter and need advice about whether or not you can lodge an Appeal against that suspension, give our experienced team a call on 1800 650 656 or make an appointment to see us in Bathurst, Lithgow or Oberon. We're here to help!

Alice Cheek | Criminal Law Solicitor