If you’re willing to demonstrate that you’re a safe driver, you may be eligible for a good behaviour licence (GBL). Have you ever made a mistake that has cost you your driver’s licence? If so, you’re not alone. Every year, thousands of people in NSW lose their licence due to demerit points. But there is hope.
A good behaviour licence in New South Wales (NSW), Australia is a temporary licence that allows you to drive even if you have too many demerit points. However, there are certain conditions associated with a GBL. Licence holders must obey the road rules and not accrue any more demerit points. If you breach the conditions of your GBL, you could lose your licence altogether.
The Road Transport Act 2013
Section 36 of the Act enumerates situations in which full licence holders can get a good behaviour licence as an alternative. These are the following:
1. Suppose the person incurs at least 13 demerit points or, in the case of a professional driver 14 demerit points, within the three (3) years after the day one has last committed an offence and demerit points have been recorded against the person. In this case, they can notify Transport for NSW that they elect, as an alternative to undergoing the suspension, to be of good behaviour for a period of 12 months
To understand more about the rules on New South Wales’ demerit points, check out this article.
2. Suppose the person has received a penalty notice of licence suspension. If this happens, they can do any of the following steps, depending on their circumstances:
- Notify Transport for NSW that they elect, as an alternative to undergoing the suspension, to be of good behaviour for a period of 12 months on and from the day on which the licence would otherwise be suspended, or
- Undertake a driver knowledge test if the person is required by notice and pass the test to the satisfaction of Transport for NSW
Moreover, suppose the person has received a notice of licence ineligibility. If so, they must notify Transport for NSW that they elect, as an alternative to undergoing the ineligibility period, to be of good behaviour for a period of 12 months.
Aside from this, you should also:
- Have an unrestricted NSW Driver Licence.
- Elect a good behaviour period before the suspension period begins.
- Have a MyServiceNSW Account (optional) to apply online.
- Have your NSW driver licence details.
- Have your notice of election
Section 37 of the Road Transport Act Also Provides the Following:
1. When demerit points are deleted: All demerit points recorded against a person on the date of a notice of suspension or ineligibility are deleted on the date that the suspension, ineligibility, or good behaviour licence commencing.
2. When demerit points are not deleted: Demerit points are not deleted if they are incurred after the notice of suspension or ineligibility has been received, or a good behavior license election has occurred, but before the suspension, ineligibility, or good behaviour license has commenced.
Election of Good Behaviour Period
The Act also requires that a notification of an election for a good behaviour licence must be:
- In the form approved by Transport for NSW.
- If the person has been served with a notice of licence suspension, the election should be made before the commencement of the period of suspension.
- If the person has been served with a notice of licence ineligibility, the election should be made before or during the commencement of the period of licence ineligibility.
Furthermore, if a person chooses to elect a good behaviour period, Transport for NSW may give the person a driver’s licence or renew a driver’s licence they already have after the election or during the 12 months of good behaviour.
How to Apply for a Good Behaviour Licence NSW?
Create a MyServiceNSW Account if you don’t have one. If you have, follow these instructions to apply:
- Review your details, then enter the notice of suspension letter identification number located at the top left corner of the notice.
- Read and accept the declaration and the Terms and Conditions and submit the online form.
- You’ll receive a digital receipt if your choice is accepted. Until your official letter of confirmation is mailed to you within 14 business days, print, save, or email yourself a copy of this receipt and keep it in a secure location.
What Happens if You Breach Your Good Behaviour Licence?
If you violate the terms of your Good Behaviour Licence by getting a violation ticket for using your phone while driving, speeding, or running a red light, you will lose your driving privileges for twice as long as the original suspension period. Moreover, you cannot appeal any suspension for violating a Good Behaviour License under any circumstances.
If your demerit points range from 13 to 15, your suspension for such breach becomes 6 months from 3 months. Furthermore, if it is 16 to 19 points, your suspension duration becomes 8 months from 4 months. If your demerit points are from 20 and above, you will get a 10-month suspension from a 5-months suspension.
Hence, you should avoid breaching your good behaviour licence so you will not face suspension twice as long as the original period of suspension.
Tips to Avoid Suspension
You can prevent facing licence suspension for violating your good behaviour licence by submitting a request for a court hearing on the relevant traffic infraction(s). In this case, the court’s criminal jurisdiction will handle the traffic violation.
During the hearing, you must enter a plea of guilty or not guilty when your case is before the court. Moreover, you will not earn any demerit points for the traffic infraction if:
- you enter a not guilty plea,
- the court finds you not guilty,
- you obtain the benefit of a non-conviction order.
Traffic Offence Lawyers Can Help You
A good traffic offence lawyer can help you with a good behaviour licence (GBL) in NSW in a number of ways:
- Advise you on your eligibility for a GBL. A lawyer can enlighten you on the eligibility requirements of getting a good behaviour licence.
- Help you understand the conditions of a GBL. There are a number of conditions that you must adhere to if you receive a good behaviour licence. A lawyer can explain these conditions and the law behind it and ensure that you comply with them.
Traffic offence lawyers at JB Solicitors can provide you with valuable assistance if you are facing a demerit point suspension or with any other traffic offence you committed.
Contact us today and let’s discuss your traffic or criminal offence case.
