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Provisional Licence Demerit Point Suspension Appeal

The RMS will suspend your provisional licence if you go over your demerit point limit. You can appeal the RMS suspension to the Local Court.

There are things you can do to increase your chances of getting a great result. With the right preparation, we have helped hundreds of provisional licence holders to reduce or completely avoid demerit point suspensions.

Contact us to discuss your case today.

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How many demerit points can a P1 driver get in NSW?

A P1 (red Ps) licence holder will be suspended if they get 4 or more demerit points within 3 years.

The suspension is usually for 3 months.

How many demerit points can a P2 driver get in NSW?

A P2 (green Ps) licence holder will be suspended if they get 7 or more demerit points within 3 years.

The suspension is usually for 3 months.

How can I save my licence?

You can lodge an appeal to the Local Court, asking it to reconsider your suspension.

The magistrate will listen to your side of the story and decide what, if any, suspension should be imposed.

What are the possible licence appeal outcomes?

There are three possible outcomes. The magistrate can:

  • Allow the appeal – the suspension is removed entirely.
  • Vary the suspension – the suspension is shorter.
  • Dismiss the appeal – the original suspension length must be served.
What happens to the demerit points?

This depends on whether or not you serve any period of suspension.

If the magistrate allows your appeal (i.e. you don’t serve any period of suspension) then the points remain on your record. This means that you are effectively driving around with no points left. Getting any more demerit points will trigger a new suspension.

However, if you serve any period of suspension at all, the demerit points adding to that suspension are “used up” or deleted. It does not matter how short that period of suspension is. For example, even if you serve one day, or a week, or a month of suspension, the points are deleted. This means you that you return to the road with all your points.

Can I keep driving until my court date if I appeal my licence suspension?

Yes, you can usually keep driving until your court date.

Once your licence appeal is lodged before the date when the suspension is due to begin, the suspension is paused until the Court decides your appeal.

It is important to check with your lawyer that the suspension is definitely paused, because if it is not and you are caught driving, you will face criminal charges and serious penalties.

Legislation for Provisional Licence Demerit Point Suspensions and Appeals

The RMS power to suspend provisional drivers for exceeding their demerit point limits is found in section 40 of the Road Transport Act 2013.

Your appeal against the decision made by the RMS is made under section 267 and determined by the Court under section 268 of the Road Transport Act 2013.

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
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Saturday Closed
Sunday Closed

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0416 224 601

enquiries@ainsleylaw.com.au

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