Good Behaviour License

A good behavior license is a useful avenue for drivers who have exceeded their demerit point limit. However, it is not available to all drivers. 

Unrestricted NSW drive licence holders who receive a notice of suspension from exceeding demerit points are eligible to elect to be placed on a 1-year good behaviour licence to avoid the licence suspension.

The good behaviour licence option can be elected on or before the suspension period commencement date. Once elected, you may lawfully continue driving on a good behaviour licence. This also applies to professional licence holders, according to section 36 of the Road Transport Act 2013 (NSW). Harsher consequences apply if at least 2 demerit points are incurred during that good behaviour bond period.

Your demerit points reset as at the start of your demerit point suspension date, according to section 37(1)(c) of the Road Transport Act 2013. They do not reset at the expiration of your demerit point suspension.

A 3-month demerit point suspension applies to an unrestricted licence holder who incurs between 13 and 15 demerit points within a 3-year period. A 4-month licence suspension applies if that same driver incurs between 16 and 19 demerit points in a 3-year period. A 5-month licence suspension applies if that same driver incurs 20 or more demerit points in a 3-year period.

A Provisional 1 or Learner driver who incurs 4 or ore demerit points within a 3-year period will be subject to a 3-month licence suspension period. In contrast, a provisional 2 driver will face a 3-month licence suspension if 7 or more demerit points are incurred within a 3-year period.

Professional licence holders face a 3-month licence suspension period if 14 demerit points are incurred within a 3-year period.

A good behaviour licence gets imposed for a period of 12 months. During that 12-month period, the driver can continue lawfully driving in New South Wales. After the good behaviour licence expires, the good behaviour licence condition is removed from the driver’s licence.

Breaching a good behaviour licence period because of committing a demerit point traffic offence carrying at least two demerit points will result in a demerit point licence suspension for twice the period of the original demerit point suspension.

An unrestricted licence holder cannot appeal this type of suspension; however, a P or L plate licence holder can appeal this demerit point licence suspension.

The alternative option for an unrestricted, L or P plate licence holder is to court elect the demerit point offence.

A successful outcome in court from a court election will result in no demerit points being wiped from you as a result of the demerit point offence. This occurs if the court dismisses the offence either by way of a section 10 non conviction (after pleading guilty to it in court and seeking leniency) or a finding of ‘not guilty’ following a defended hearing in court. In that event, your good behaviour licence will continue until it expires.

A successful outcome following a demerit point suspension appeal will result in no licence suspension, allowing you to continue driving lawfully. Alternatively, the court can dismiss the appeal and vary the licence suspension period by reducing the suspension period. If the court dismisses the appeal but varies the suspension period, the demerit point will not be incurred to a P or L plate licence holder.

A demerit point suspension appeal is different from a court election. A demerit point suspension appeal is concerned more about the court being concerned with the public safety. The court here can allow or dismiss the appeal. If the appeal is allowed, no demerit points are incurred which means there will be no suspension period. If the appeal is dismissed, the court can still reduce the suspension period. In contrast, a court election does not give the court a discretion to reduce the suspension period.

Generally, you have within 28 days to appeal the licence suspension after receiving the suspension notice. You are assumed to have received the suspension notice 4 days after it gets posted to you.

A demerit point limit is the demerit points that can be accumulated before Transport for New South Wales suspends or refuses to renew your licence. If your licence is being suspended due to demerit points, then you will receive a notice of suspension or refusal which outlines the date that your suspension commences and your options to appeal or court elect.

Demerit points in New South Wales reset after 3-years from the date of your last demerit point offence; at the beginning of a good behaviour licence period if you have elected for a good behaviour licence after being hit with a demerit point suspension notice; on the court’s determination of a licence appeal; or at the beginning of your licence suspension period after being issued with a suspension notice by Transport for NSW.

An unrestricted licence limits at 13 demerit points; a professional licence holder limits at 14 points; while a provisional P2 licence holder demerit point limits at 7 points; and a provisional P1 or learner licence holder limits its demerit points at 4 points.

If you are an unrestricted licence holder who is currently on a good behaviour licence, you have 2 points remaining to be able to incur before breaching your good behaviour licence.

An unrestricted licence holder who is currently on a 12-month good behaviour licence that incurs 2 or more demerit points will have their licence suspended as follows:

• 6 months licence suspension if the driver incurs between 13-15 demerit points,
• 8 months licence suspension if the driver incurs between 16-19 demerit points,
• 10 months licence suspension if the driver incurs at least 20 demerit points.

An unrestricted licence holder who has incurred at least 2 more demerit points during the 12-month good behaviour licence period triggering the double the original suspension period is not allowed to appeal that suspension. 

The only way you can avoid a suspension is by court electing and seeking a Section 10 order by the court.

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