When a full licence holder exceeds their demerit points limit for a period of 12 months they may be offered by Transport New South Wales a good behaviour licence.
Losing all your demerit points
When a driver goes over the demerit point limit, they receive a Notice of Suspension from the Road Maritime Services (RMT). This provides the driver a choice of either serving a suspension or electing to obtain a good behaviour licence. The licence holder also has the option to have the matter placed before the Local Court and will have 28 days within which to do so. If they choose to take up a good behaviour licence, then that provides them with only 1 demerit point for a period of 12 months. A successful completion of the good behaviour period allows their demerit points to return to zero.
What happens when you breach a Good Behaviour Licence?
The breach of a good behaviour licence occurs where the driver having taken up a good behaviour licence incurs 2 or more demerit points within the twelve month period. In those circumstances that conduct leads to a licence suspension that is double the original suspension period plus any suspension applicable to the further infringement. The Road Transport Act distinctly states that when the conditions of a good behaviour licence are breached the holder must be suspended with no scope for further appeal.
What this means for you?
If you are to be presented with the option of a good behaviour licence you should firstly take advice upon challenging the offence which occurred leading to the accumulation of points, if you are within time to do so. You may be able to defend such a charge, or be dealt with without a conviction in which case no demerit points apply.
In certain circumstances you may also be able to appeal a suspension period imposed by you and have that period reduced, in some cases to as little as a day.
Given you will not be able to appeal suspensions imposed for the accumulation of points under a good behaviour licence and the suspension is double that it would ordinarily have been, there is good reason to be cautious about taking up a good behaviour licence and you should take advice before doing so.
If you require any advice in relation to driving offences, or any criminal law matter, please telephone Kevin Dwyer on 9525 8688 or email kevin@wmdlaw.com.au.
