How long to get demerit points back? Drivers with no traffic offences start with zero demerit points. However, once they commit a traffic offence, they begin to incur demerit points. These are a crucial part of Australia’s traffic law system.
They are used to monitor and regulate driving behaviour and drivers who accrue too many points can have severe consequences. Some common offences that can result in demerit points include:
- Running red lights or stop signs
- Using a mobile phone while driving
- Failing to wear a seatbelt
- Driving with a suspended licence
- Driving under the influence of drugs or alcohol
This article will answer the question ‘’How long to get demerit points back?”
- Demerit points in Australia generally last for three years from the date of the offence.
- After three years, these expire from your driving record. However, old demerit points may be taken into consideration by a court. This will be the case if you commit a subsequent driving offence.
- You may complete a defensive driving course or complete a Behaviour Change Program to get your demerit points back faster.
How Long Do Demerit Points Stay on Your Record?
The number of points assigned for each offence varies depending on the severity of the offence. It may also vary on the state or territory in which the offence occurred. In most cases, demerit points will remain on your record for three years from the date of the offence.
However, severe offences, such as driving under the influence of drugs or alcohol, can remain on your record for a long time. According to the NSW Government, you may receive a notice of suspension or refusal if you reach your demerit point limit. Your demerit point limit depends on the type of licence you have:
- Unrestricted licence: 13 points
- Professional driver’s licence: 14 points
- Provisional P2 licence: 7 points
- Provisional P1 licence: 4 points
- Learner licence: 4 points
- Unrestricted licence during a good behaviour period: 2 points
How Long to Get Demerit Points Back in Australia?
Demerit points are assigned to drivers who commit certain traffic offences, and they remain on a driver’s record for a set period of time. So, ‘’How long to get demerit points back?”. As mentioned, this will depend on the severity of the offence and the state or territory laws. Here is what you need to know:
- Demerit points stay active on your licence for a 3-year period, starting from the date of the offence
- After 3 years, these will not be counted as active on your licence, and will not accumulate with any new ones you earn. However, whatever you receive stays on your driving record, even after the 3-year period.
- If you continue to break the law, old ones may be taken into consideration by a court when deciding the severity of your penalty.
- The number of demerit points recorded to trigger penalties such as fines, driver licence suspension, or even licence cancellation varies depending on the state or territory in which the offence occurred.
- If you accrue too many, you may face penalties such as fines, licence suspension, or even licence cancellation.
- These can be accrued while driving anywhere in Australia. For example, you commit an offence outside NSW. If that is the case, the number of demerit points that the offence attracts in NSW may still be applied to your licence.
Can I Appeal?
In some cases, drivers who were penalised for traffic offences may be able to appeal their demerit points. In NSW, you can only appeal a demerit point if you have a learner or provisional (P1 or P2) license. You have until the day before your suspension starts to appeal.
Alternatives to Getting Demerit Points Back
Completing a driving course is important when talking about ‘How long to get demerit points back?’. Yes, completing a driving course can help you get your demerit points back in Australia. Here is what you need to know:
- In New South Wales, eligible motorists who have at least one demerit point on their record but remain offence-free for 12 months can have one demerit point removed from their record.
- In Queensland, completing a defensive driving course can result in the removal of one demerit point from your record.
- In Victoria, drivers who have lost their licence due to demerit points can complete a Behaviour Change Program (BCP). This program aims to reduce their licence suspension period.
- Check your demerit points balance online or by contacting your licensing authority.
- If you have demerit points on your driving record, you can either wait three years for them to be automatically deleted or complete a defensive driving course to reduce your balance by one point.
- To complete a defensive driving course, you will need to find a course that is accredited by your licensing authority.
- Once you have found a course, you will need to register and pay the course fee.
- The defensive driving course will typically involve a combination of lectures and practical exercises.
- Once you have completed the defensive driving course, you will receive a certificate of completion
- Seek legal advice if you wish to appeal.
The Importance of Seeking Legal Advice
We hope this article has helped answer the question ‘How long to get demerit points back?’ JB Solicitors has extensive experience with traffic law matters. Our traffic lawyers can help you understand your rights and options, and represent you in court if necessary. We can help you with:
- Appealing demerit point offences
- Applying for a demerit point reduction
- Negotiating with the licensing authority
- Knowing how many points you have accrued from your offence
- Discussing what attract penalties
- Representing you in court
JB Solicitors can also help you with other traffic law matters, such as:
- Defending false traffic charges
- Obtaining a driving licence reinstatement
- Reducing the severity of a traffic conviction
If you are facing other traffic law matters, do not hesitate to contact us today.