Minister
for Roads Michael Daley announced the new demerit point scheme would be
introduced on 1 July 2009 to make the system fairer for motorists and
our roads safer for the entire community.
Mr Daley said the RTA
had worked in close conjunction with the NSW Police and the State Debt
Recovery Office to introduce the new system as quickly as possible.
“When
I announced the new system in March of this year, I asked the RTA to
make the changes to the demerit point system their number one
priority,” he said.
“I’m pleased to announce today that the new demerit point will be introduced on 1 July, two months ahead of schedule.
“There
is no such thing as safe speeding but I have always acknowledged that
the system could be fairer for motorists who inadvertently speed by
just a few kilometres over the limit.
“That’s why we’ve reduced the demerit point penalty for people caught driving up to 10kmh from three points to one.
“But
the more you speed, the more harshly you will be punished and make no
mistake – anyone caught doing more than 10kmh over the limit is either
deliberately speeding or not paying attention and these motorists will
not escape lightly.
“There is no place for these drivers on our roads and this new system makes sure that message is loud and clear,” Mr Daley said.
From 1 July, the following demerit point system will apply for unrestricted licence holders:
- 1 to 10kmh over the speed limit will attract one demerit point and an $84 fine;
- 11 to 20kmh over the speed limit will attract three demerit points and a $197 fine;
- 21 to 30kmh over the speed limit will attract four demerit points and a $338 fine;
- 31 to 45kmh will result in a three month suspension, five demerit points and a $647 fine;
- Over 45kmh will result in a six month suspension, six demerit points and a $1,744 fine.
“The
new bands have been designed to drive down the number of
speeding-related deaths and injuries by better reflecting the
seriousness of the offence,” he said.
Mr Daley said that the NSW
Government would continue to build on its policy to stamp out speeding
among P plate drivers, with the penalties for P2 drivers to increase.
“P2 drivers caught speeding from 1kmh to 30kmh over the limit will lose an additional demerit point from next month,” he said.
“This
means that P2 drivers will lose their licence on their second speeding
offence and P1 drivers will continue to lose their licence for just one
offence.
“The RTA will now roll out a comprehensive awareness campaign to get the message out to drivers across NSW.
“This
will include a letter to all P plate drivers, warning them of the new
tougher new penalties that will apply to them from next month,” Mr
Daley said.
Note: A licence suspension
period of 3 months applies for any driver speeding more than 30 km/h
and 6 months for speeding more than 45 km/h. These offences also carry
demerit points and if these cause the driver to reach or exceed their
demerit points limit (always the case with a P1 licence holder), an
additional suspension period under the Demerit Points Scheme will apply.
The fine levels that apply from 1 July 2009 include the annual CPI increase.
[1] School zone offences will continue to incur 1 extra demerit point and an additional fine level.
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.
Different offences have a different number of
demerit points. A complete list of all offences, demerit points and
fines can be downloaded from the related links section.
Accumulating points
A
driver who has not committed any offences has zero points. When an
offence that carries demerit points is committed, the RTA records the
offence and the points on the licence holder’s driving record. If a
certain number of demerit points in a given timeframe are accumulated,
their licence will be suspended or application for renewal refused.
The number of points resulting in a licence suspension varies for different licence types.
Full unrestricted licence holders - 12 demerit points in a three-year period.
Provisional P2 licence - 7 points.
Provisional P1 licence - 4 points.
Unrestricted licence with a good behaviour period - 2 points within the term of the good behaviour period.
Note:
Provisional drivers should be aware that any demerit points for
offences committed that do not result in suspension of their
provisional driver licence may be considered for suspension of a later
issued unrestricted licence.
Demerit points and licence suspensions
The
law requires the RTA to send a notice of suspension to a licence holder
who has incurred 12 or more demerit points in any three-year period.
The
law permits the counting of demerit points for offences of any age but
suspension can only be applied if the dates the offences were committed
are within 3 years of each other.
However, the RTA considers it
would be unreasonable to consider offences more than 40 months old. The
40-month period exists to ensure that delays between an infringement
taking place and the RTA being notified of the infringement are taken
into account and ensures that only recent and relevant offences are
counted.
For this reason, demerit points up to 40 months old are
displayed on the RTA’s online demerit point enquiry screen, because
these offences have the potential to count towards a demerit point
licence suspension.
Demerit points used towards a licence suspension can’t be counted towards future licence suspensions.
Note:
Offences and the relevant number of demerit points remain on a person’s
driving record irrespective of the age of the offence. If you obtain a
copy of your driving record, all your offences and demerit points will
be displayed because this accurately reflects your driving history.
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. For offences committed before 1 July 2005, other
demerit point offences also attract one extra point.
School zones
Certain
driving and parking offences attract an additional demerit point if
committed in an operating school zone. There will be times when double
demerit points periods apply as well as school zones being in
operation. 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.
Suspension periods
Reaching or
exceeding the demerit points limit results in licence suspension. The
RTA will send a Notice of Suspension to licence holders who reach or
exceed the number of points available for their type of licence.
The
period of suspension depends on the number of points accumulated and
the type of licence held. For unrestricted gold, silver or magenta
licence holders, the suspension periods are:
12 to 15 points: three months.
16 to 19 points: four months.
20 or more points: five months.
For provisional 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 licence holders or those already serving a good
behaviour period.
Licence holders who accumulate 2 or more
demerit points while serving a good behaviour period will be suspended
for double the original suspension time.
Refusal of a licence
The
RTA may refuse to renew a licence for a driver who has exceeded their
demerit points limit or has committed a serious speeding offence. The
periods that a licence may be refused are the same as those that apply
for suspensions.
Appeals
There is no right of appeal against the suspension or refusal of an unrestricted licence on the grounds of demerit points.
Licence suspension and disqualification periods for speeding
Licence holders may have their licence suspended or disqualified for the following serious speeding offences:
Driving more than 45 km/h above the speed limit – suspension or disqualification for six months.
Driving more than 30 km/h but not more than 45 km/h above the speed limit – suspension or disqualification for 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 the licence holder reaches or exceeds their demerit points
limit, these points may contribute to an additional suspension or
refusal period under the Demerit Points Scheme.
