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[NSW] Change to Driver License Demerit Points Scheme


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#1 aekOne

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Posted 14 March 2011 - 10:29 PM

From 31 January 2011, the demerit points threshold for unrestricted licence holders in NSW increased from 12 to 13 points.

This means if you have an unrestricted NSW Driver Licence (not a learner or provisional licence), and you accumulate 13 demerit points, you will face a licence suspension.

Professional drivers (ie those who drive for a living, such as taxi and heavy vehicle drivers) are also able to claim an additional demerit point – their threshold increased from 12 to 14 demerit points.

The change recognises the additional time professional drivers spend on the roads. The extra point can only be claimed once the driver has accumulated exactly 13 demerit points and has received a suspension notice.

They will then need to visit an RTA motor registry before the suspension starts, to prove their status as a professional driver.

For more information about the changed demerit points thresholds, who qualifies for the professional driver status and how to prove it, go to the 31 January 2011 changes page.

Demerit points for 22 offences reduced or removed

From 31 December 2010, demerit points for 22 offences committed on or after this date were reduced or removed.


These include roundabout, indicator, bus lane and towing offences.

Demerit points for key road safety offences such as speeding and seatbelt use remain unchanged. The changes are:

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About the Demerit Points Scheme

The Demerit Points Scheme is a national program that allocates penalty points (demerits) for a range of driving offences.

The scheme is designed to encourage safe and responsible driving. Along with financial penalties, demerit points provide a strong incentive to drive within the law.

Accumulating points

A driver who has not committed any offences has zero points. When an offence that carries demerit points is committed, the points are added to the licence holder’s driving record. If the licence holder incurs the threshold number of demerit points within a three-year period, a licence suspension or refusal is applied. The thresholds are as follows:

Unrestricted licence – 13 points.
Professional drivers – 14 points (from 31 January 2011). See Changes to the demerit points scheme introduced on31 January 2011 for more information.
Provisional P2 licence – 7 points.
Provisional P1 licence – 4 points.
Learner licence – 4 points (from 28 September 2009).
Unrestricted licence with a good behaviour period – 2 points within the term of the good behaviour period.

Suspension and refusal periods

Reaching or exceeding the demerit points limit results in licence suspension or refusal. The RTA will send a Notice of Suspension or Refusal to a licence holder who reaches or exceeds the number of points available for their type of licence, or who commits an excessive speed offence. A Notice of suspension or refusal will specify the date the licence suspension or refusal is to begin. The imposition of a licence suspension or refusal period relies on the RTA serving a Notice.

For unrestricted licence holders, the period of suspension depends on the number of points accumulated as follows:

13 to 15 points - three months.
16 to 19 points - four months.
20 or more points - five months.
For provisional and learner licence holders, the suspension period is three months.

Good behaviour period

Unrestricted licence holders who receive a Notice of Suspension due to the accumulation of demerit points can apply for a 12 month good behaviour period instead of serving the suspension. This option is not available to provisional or learner licence holders or those already serving a good behaviour period.

A good behaviour election must be made before the suspension begins. If the election is not made before the required date, then the suspension will be enforced. The relevant legislation does not give the RTA the discretion to reissue the suspension notice with a new date or to change a suspension to good behaviour after the suspension period has begun.

Licence holders who accumulate 2 or more demerit points while serving a good behaviour period will be suspended for double the original suspension time.

Professional drivers

From 31 January 2011, all unrestricted licence holders who reach or exceed 13 demerit points will be sent a notice of suspension, or will be refused a licence if they apply. However, professional drivers have a demerit points threshold of 14 points provided they meet the criteria. If a person can demonstrate that they meet the professional driver criteria, any suspension (or refusal) that was applied based on 13 demerit points exactly will be withdrawn. If they subsequently reach or exceed 14 demerit points however, they will be subject to suspension or refusal as per existing policy.

See Changes to the demerit points scheme introduced on 31 January 2011 for more information.

Refusal of a licence

The RTA may refuse to renew a licence for a driver who has exceeded their demerit points threshold or has committed a serious speeding offence. The periods that a licence may be refused are the same as those that apply for suspensions. The RTA will issue a Notice of Refusal.

Only after attending a motor registry and applying for a licence or licence renewal will a formal refusal be applied and a refusal notice given.

Appeals

There is no right of appeal against the suspension or refusal of an unrestricted licence on the grounds of demerit points.

Double demerit points

Double demerit points apply for speeding, seatbelt and motorcycle helmet offences during all holiday periods such as long weekends, Christmas, New Year and Easter.

School zones

Certain driving and parking offences attract an additional demerit point if committed in an operating school zone. Double demerit points can also apply when school zones are in operation during holiday periods. If you commit a speed, seatbelt or helmet offence during this combined period, the demerit point value applying for the school zone will be doubled.

Licence suspension and disqualification periods for speeding

Licence holders may be disqualified or have their licence suspended for the following serious speeding offences:

Driving more than 45 km/h above the speed limit – six months.
Driving more than 30 km/h but not more than 45 km/h above the speed limit – three months.
In addition to the suspension and disqualification periods, these offences also carry demerit points which are added to the licence holder’s record. If these demerit points cause the licence holder to reach or exceed their demerit points limit, then an additional suspension or refusal period may apply under the Demerit Points Scheme.

Licence suspension for any speeding offence for a learner or a provisional P1 licence holder

Holders of a learner or a provisional licence will receive a minimum of 4 demerit points for any speeding offence. This means that both learners and provisional P1 licence holders will have their licence suspended or refused for at least three months for any speeding offence. A fine is also payable.

Demerit Point offences that are heard in court

If the court rules that a person is not guilty of a demerit point offence, it is the end of the matter. There are no fines to pay or demerit points to be recorded.

If a court finds a person guilty of the offence and convicts the person, the court usually orders a fine. In this case the offence will be recorded on the offender’s traffic record and the RTA must apply the relevant number of demerit points. If a court finds a person guilty of the offence and dismisses the offence under Section 10(1) of the Crimes (Sentencing Procedure) Act 1999, the demerit points related to the offence will not be recorded. This applies for court rulings made on and after 31 January 2011.

How to check your demerit points balance

You can check your demerit points online. However, as an additional security measure and to protect your personal information you will be required to establish an online account to access these transactions. The offences shown are those that the RTA may count towards suspension.

You can also request a copy of your driving record (a fee is payable) online, by phoning 13 22 13, or by visiting any motor registry and providing proof of identity. You will need your driver licence to obtain this information. Your driving record will show all offences and demerit points. Please note that you cannot obtain details of other people’s demerit points balance, driving record or personal details.

Changes to the demerit points scheme introduced on 31 January 2011

Frequently asked questions

What are the changes made to the demerit points scheme and when did they come into effect?

The changes to the NSW demerit points scheme are:

The demerit points threshold for unrestricted licence holders increased from 12 to 13 demerit points.
The demerit points threshold for professional drivers increased from 12 to 14 demerit points.
These changes came into effect on 31 January 2011. Additionally, if you are found guilty of a demerit point offence but the court dismisses the offence under Section 10(1) of the Crimes (Sentencing Procedure) Act 1999, the demerit points related to the offence will not be recorded. This applies to court decisions made on or after 31 January 2011.

What does 'demerit points threshold' mean?

The demerit points threshold is the number of demerit points a licence holder has to accumulate in order to be issued a notice of suspension.

Why were these changes implemented?

Since the demerit points scheme was introduced in 1969, the motoring environment has changed significantly. The number of vehicles on the road has increased, and the road network has been extended and improved.

The changes to the demerit points scheme have been implemented to reflect these conditions.

The additional point for professional drivers recognises that these drivers spend more time on the roads.

Can I apply for professional driver status at any time?

No. You can only apply for professional driver status if you have received a notice of licence suspension or you have been refused a licence renewal, for incurring 13 demerit points. This is because your status as a professional driver is only relevant when demerit point enforcement action is being taken against your licence.

Can I apply for professional driver status if my good behaviour licence is being suspended?

No. A person who has already elected to be of good behaviour and who has accrued two or more demerit points and is being suspended cannot apply for professional driver status.

Can I apply for professional driver status if I am being suspended for an excessive speeding offence or if I have been disqualified from driving by a court for a serious offence such as drink driving?

No. The professional driver option is part of the NSW demerit points scheme. If you are being suspended for some other reason such as excessive speeding or if you have been disqualified by a Court, you are not eligible for the professional driver option.

I am currently serving a demerit point suspension for reaching or exceeding 12 demerit points – do these changes affect me?

The recent changes to the demerit points scheme do not apply to a notice of suspension issued before 31 January 2011. These suspensions will continue and will end as stated in the notice of suspension.

The increased thresholds and professional driver options apply only to suspension notices issued on or after 31 January 2011.

Are there any changes to learner or provisional licences?

No. The demerit points thresholds for holders of learner, provisional P1 and provisional P2 licences are unchanged.

Who is a professional driver? What criteria must they meet?

A professional driver is a holder of an unrestricted licence who is:

a motor vehicle driver who transports goods either inter and/or intra-state
or
a bus, taxi or hire car driver who holds an authority issued under the Passenger Transport Act 1990.

The following conditions apply:

you must earn an income for the driving work and drive more than 20 hours per week. Volunteer drivers do not qualify.
you must have been a professional driver on the date of your last demerit point offence and on the date the notice of suspension was given (or the date you were refused a licence).

You will not qualify as a professional driver if:

driving a motor vehicle is incidental to your primary work such as a tradesperson, vehicle repairer, salesperson, carer, tow truck operator, food vendor etc.
your primary work is driving an implement (grader, road roller, bulldozer etc).
you have not held a licence for more than six months because it expired or was disqualified, and you are now applying for a licence.
your primary work is personally driving a motor vehicle but the driving is not for the purpose of transporting goods.
your primary work is personally driving a motor vehicle to transport people but the driving is not for the purpose of transport under the Passenger Transport Act 1990.
your driving is only to transport yourself to your place of work or education.
When can I apply for professional driver status?

An application for professional driver status will be considered if you:

have either been issued a notice of suspension (which has not yet commenced) or you
have been refused a licence renewal and you have held an unrestricted NSW driver licence within the past six months
in either case, you have accumulated exactly 13 demerit points.
An application for a professional driver status will not be considered if you have accrued 14 or more demerit points.

How do I apply for professional driver status?

If you have received a notice of licence suspension in the mail, you need to visit a motor registry or agency before the suspension period begins.

You will need to:

bring your notice of suspension with you to the motor registry.
meet all the criteria for a professional driver as stated above.
complete the Professional Driver Declaration form available from the motor registry.
If you are a bus, taxi or hire car driver, you will need your current Driver Authority.

If you have been refused a licence renewal because you have reached exactly 13 demerit points, to apply for professional driver status your driver licence must also not have been disqualified or expired for more than six months.

What information must be provided in the Professional Driver Declaration form?

You will need to include the following information:

the company/business name of your employer (includes self employed).
the name of the taxi operator(s) and taxi network(s) (in the case of a taxi driver).
the title of the job you are employed to do (eg. truck driver or bus driver).
the number of hours per week you are paid to perform this driving work.
confirmation that you were a professional driver at the date of your last demerit point offence and at the date you were issued a notice of suspension or the date your licence renewal was refused.
your contact telephone number.
the number and expiry date of the Driver Authority issued under the Passenger Transport Act 1990 (if you are a bus, taxi or hire car driver).

To apply for professional driver status, do I need to have been a professional driver for the whole period the points were accrued?

No. However, you must have been a professional driver at the date of the last offence which caused you to reach 13 demerit points and also at the date the notice of suspension was issued or the date your licence renewal was refused.

My application for professional driver status was accepted – what happens now?

The motor registry will refer your application for professional driver status to an RTA administrative office for a final check. Where that check results in your application being accepted:

If a notice of suspension was issued, it will be withdrawn and your licence will not be suspended.

If your application for a licence renewal was refused, the refusal will be withdrawn and your licence renewal will be processed.

The 13 demerit points you have accrued and all the related offences will still remain on your record.

If you accrue more demerit points, you will be issued with a new notice of suspension. If this happens, you will still have the option to elect good behaviour.

Do I have to re-apply for professional driver status each time I am issued a suspension notice or refused a licence?

Yes. A new application must be made because your employment as a professional driver may have ended since the last licence suspension.

I have not had a current licence for a while. Can I apply for professional driver status?

If you have not had a driver licence for more than six months, you cannot apply for professional driver status.

If you apply for a licence when you have accrued 13 or more demerit points, your application will be refused. However, you may still elect to be of good behaviour to have your licence renewed.

The Professional Driver Declaration states that the RTA may conduct checks on the information provided. What checks will be made?

The RTA may audit Professional Driver Declarations at a later time to verify the information that was provided. This means your employer can be contacted about what you are employed to do, the hours you work and to verify that you are paid for that work. The RTA can also confirm that the Driver Authority issued to a bus, taxi or hire car driver is valid and current.

What happens if the RTA finds out I provided false information in the Professional Driver Declaration?

Providing false information is a criminal offence. If the information is found to be false, the RTA may request the Police to prosecute. Heavy penalties including a term of imprisonment may be imposed by a court on conviction for the offence.

The RTA can also suspend the licence.

Is the professional driver option available to drivers who hold an interstate licence?

No. The professional driver option is part of the NSW demerit points scheme which applies to NSW licence holders. Therefore, holders of licences issued outside of NSW cannot apply for the professional driver option.

Are more changes to the demerit points scheme being considered?

A Working Group has been formed to consider further changes to the NSW Demerit Points Scheme.

The group comprises representatives from the RTA, NSW Police, NRMA, Department of Justice and the Attorney General, Aboriginal Legal Services, Legal Aid and the Office of the Minister for Roads, and will consider issues including:

Issuing restricted licences to drivers facing suspension who have demonstrated urgent personal needs.
Enabling motorists to gain demerit point reductions by completing driver training/safety courses
The reduction or removal of demerit points allocated to certain driving offences.
The Working Group is expected to present recommendations to the Government in the coming months. These recommendations will be considered in determining the best way forward on these issues.
Customers will be advised of any additional changes to the scheme that may affect them and details will be made available on the RTA website.

Demerit point offences

http://www.rta.nsw.g...eritpoints.form

This info and more can be found at:

http://www.rta.nsw.gov.au

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