Article Category - Criminal Law and Traffic Offences By Peter McManus 19 May 2021

It is a common misconception that you lose demerit points, but you actually accumulate demerit points.

Drivers holding different licences can incur a different number of demerit points before receiving a licence suspension.  Any person who incurs more demerits points over the limit for their licence, in a 3 year period, will receive a licence suspension. The length of the suspension will depend on the number of points incurred.

What is the limit for your licence?

  • Learner licence and Red P plate licences- 4 demerit points
  • Green P plate licences- 7 demerit points
  • Unrestricted licences- 13 demerit points
  • Professional drivers- 14 points

A professional driver is a person whose primary work is driving a motor vehicle. This category includes truck drivers who transport goods, and bus, taxi or hire car drivers who hold an authority issued under the Passenger Transport Act 1990 (NSW).

If you incur 13 points within 3 years and receive a suspension notice but you work as a truck driver, or other professional driver, in order to avoid the suspension you will need to complete a Professional Driver Declaration Form at Service NSW and provide Transport for NSW with information relating to your work. They will need information in order to determine you are a professional driver such as how many hours you drive for work each week and whether driving is your primary role.

The professional driver option is part of the demerit point's scheme, and so is not available if you have been suspended for an excessive speeding offence.

For assistance with any traffic-related matter please call our experienced criminal law team on (02) 6331 2911. We're here to help!

Peter McManus | Senior Associate & Shanaya Stapleton | Law Graduate

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