News · Criminal law explainer
Demerit point suspensions and appeals in NSW.
Demerit points are a separate system from the courts, and a suspension for too many points catches many people by surprise. This note explains how the demerit system works in New South Wales, the good behaviour licence option, whether a demerit suspension can be appealed, and how it differs from a disqualification imposed by a court.
By Aaron Kernaghan · Published 3 September 2026
Accumulating demerit points above your limit leads to a licence suspension by Transport for NSW, separate from any court penalty. Instead of a suspension, a fully licensed driver can usually elect a good behaviour licence for 12 months, with a lower point limit. A demerit suspension is generally not appealed to a court in the same way as an immediate police suspension, though there are limited options.
How do demerit points work?
Demerit points are recorded against your licence when you commit certain driving offences, such as speeding or using a phone while driving. Each licence type has a point limit over a rolling period. If you reach or exceed your limit, Transport for NSW suspends your licence, or refuses to renew it, for a period that increases with the number of points.
This is an administrative system run by Transport for NSW, not a court penalty. You can accrue points from penalty notices you simply pay, without ever going to court.
What are the thresholds?
The point limit depends on your licence. Unrestricted licences have the highest limit, while provisional and learner licences have much lower limits, and professional drivers have a higher threshold. Reaching the limit triggers a suspension whose length increases with the points accumulated.
Because the limits differ, a provisional driver can lose their licence on far fewer points than a fully licensed driver. It is worth knowing your limit.
The good behaviour licence
Instead of serving a demerit suspension, a fully licensed driver can usually elect to go on a good behaviour licence for 12 months. During that time a much lower point limit applies, and if you exceed it the suspension imposed is longer than the original would have been.
The good behaviour licence lets you keep driving, but at a higher risk: a small number of further points during the 12 months results in a longer suspension. It is a trade-off to weigh carefully.
Can you appeal a demerit suspension?
A demerit point suspension is generally not appealed to a court in the same way as an immediate police suspension. The right of appeal to the Local Court that exists for some suspensions does not apply in the same way to demerit suspensions, so the options are more limited.
The main ways to avoid a demerit suspension are to elect the good behaviour licence, or to have contested the underlying offences before the points were incurred, for example by electing to take a penalty notice to court. Once the points are on and the limit is reached, the suspension usually follows.
How is this different from a court disqualification?
A demerit suspension comes from accumulating points and is imposed by Transport for NSW. A disqualification comes from a court as part of a sentence for a driving offence. They are different systems, though a single incident, such as high-range speeding, can lead to both a court penalty and demerit points.
If you are dealing with a court matter and demerit points, get advice on both. Our notes on appealing a licence suspension and removing a disqualification explain the court side.
Frequently asked.
What happens if I get too many demerit points in NSW?
Transport for NSW suspends your licence, or refuses to renew it, for a period that increases with the points accumulated. It is an administrative penalty separate from any court penalty.
What is the demerit point limit?
It depends on your licence. Unrestricted licences have the highest limit, provisional and learner licences much lower limits, and professional drivers a higher threshold. Reaching the limit triggers a suspension.
What is a good behaviour licence?
An option for a fully licensed driver to avoid a demerit suspension by driving for 12 months on a much lower point limit. Exceeding the lower limit results in a longer suspension than the original would have been.
Can I appeal a demerit point suspension?
Generally not to a court in the same way as an immediate police suspension. The main options are to elect a good behaviour licence, or to have contested the underlying offences before the points were incurred.
How is a demerit suspension different from a disqualification?
A demerit suspension comes from accumulating points and is imposed by Transport for NSW. A disqualification is imposed by a court as part of a sentence for a driving offence. A single incident can lead to both.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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