Our Services  / Licence Appeals

Good Behaviour Licence

A person who breaches their Good Behaviour Licence will be suspended from driving.

Even though the letter says you can’t appeal, there are ways to avoid the suspension that follows a breach of a Good Behaviour Licence. In fact, we have helped many people to do exactly that.

Contact us for a free consultation about how we can help you to keep your driver’s licence.

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What happened when I elected a Good Behaviour Licence?

A Good Behaviour Licence is available to unrestricted licence holders who exceed their demerit point limit.

Once a driver goes over their limit, they receive a Notice of Suspension from the RMS. The Notice of Suspension gives them a choice: Either serve the suspension, or elect to go on a Good Behaviour Licence.

Choosing a Good Behaviour Licence means that the driver will have only 1 demerit point for the next 12 months. Incurring 2 or more demerit points leads to a licence suspension that is double the initial suspension period.

However, on successful completion of the good behaviour period their demerit points return to zero.

What if I commit another offence while on the Good Behaviour Licence?

You will be suspended for double your original suspension if you incur 2 or more demerit points while on the Good Behaviour Licence.

The suspension letter says I can't appeal, is that true?

Technically you cannot appeal directly against the suspension. But that is not the end of the line.

The good news is that there is a way to save your driver’s licence. The key is to take one step back and remove the new demerit points from your record. If the points aren’t recorded, then the Good Behaviour Licence is not breached, and a suspension is not issued.

How can I save my licence if I breach a Good Behaviour Licence?

It is possible to avoid the suspension for breaching a good behaviour licence.

The key is to avoid the demerit points being recorded against you. If the demerit points are not incurred, then the Good Behaviour Licence is not breached.

The way to avoid the demerit points is to take a step back in the process. Instead of disputing the licence suspension notice itself, you need to dispute the offence that places you in breach.

To do this, you must elect to have the new matter dealt with in court, instead of by paying the Penalty Notice. Once the matter is before a magistrate there are two ways to avoid the demerit points:

  • Being found guilty, but without conviction (a section 10); or
  • Being found ‘not guilty’.

As you can imagine, it is not always easy to convince a magistrate to give a person another chance when they breach a Good Behaviour Licence, but it is definitely achievable.

We have successfully helped many drivers achieve a section 10 for offences committed while on a Good Behaviour Licence. The types of situations where magistrates have given people another chance include where the driver:

  • Really needs their licence;
  • Committed the new offence unintentionally or the offence was not a serious one; and
  • Can show that they have learnt a lesson and are unlikely to reoffend.

Contact us to see what we can do to help you stay in the driver’s seat.

I got another fine before the Good Behaviour Period started, will I be suspended?

The Good Behaviour Licence will only be breached if the new demerit point offence happens during the Good Behaviour Period.

However, the rules around this are quite technical. It is very important seek legal advice before paying your penalty notice. For a free consultation about your licence, contact us.

Legislation for the Good Behaviour Licence

Section 33 of the Road Transport Act 2013 requires the RMS to suspend fully licenced drivers who exceed their demerit point limit.

Your election to be of good behaviour is made under section 36 of the Road Transport Act 2013. That section also requires the RMS to suspend you for twice the original suspension period if you breach the Good Behaviour Licence.

Ainsley Law

Sydney
Level 1, 299 Elizabeth Street
Sydney NSW 2000

Parramatta
Suite 19, 103 George Street
Parramatta NSW 2150

Hours

Monday 8:30am–5:30pm
Tuesday 8:30am–5:30pm
Wednesday 8:30am–5:30pm
Thursday 8:30am–5:30pm
Friday 8:30am–5:30pm
Saturday Closed
Sunday Closed

Contact us

0416 224 601

enquiries@ainsleylaw.com.au

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