Demerit Points NSW – Speeding Fines

When receiving an on the spot fine speeding fine by police or a traffic infringement in the mail, it is important to consider how many demerit points NSW traffic offences accumulate. The most common infringement notice that is issued is for speeding offences.

We often receive calls from clients once it is too late; usually, in circumstances where they paid a fine to only realise afterwards that it accumulated enough demerit points to incur a suspension. Payment of the fine also means that the opportunity to successfully defend the speeding offence is foregone.

For that reason, our Traffic Lawyers have provided the below tables that list some of the more common speeding offences with the demerit points they attract. (It is important to note that the table is accurate at the time of publication. Please rely on the table as a guide only.)

Unrestricted Class A Licence

Offence	Demerit Points
10km/h and under	1
10km/h and under in a school zone	2
Over 10km/h	3
Over 10km/h in a school zone	4
Over 20km/h	4
Over 20km/h in a school zone	5
Over 30km/h	5
Over 30km/h in a school zone	6
Over 45km/h	6
Over 45km/h in a school zone	7

Class B and Class C Vehicles

Offence	Demerit Points
Over 10km/h in a school zone	4
Over 20km/h in a school zone	5
10km/h and under in average speed detection zone	2
Over 10km/h in average speed detection zone	4
Over 20km/h in average speed detection zone	5
Over 30km/h in average speed detection zone	6
Over 45km/h in average speed detection zone	7

Provisional Licence

Offence	Demerit Points
10km/h and under	4
10km/h and under in a school zone	5
Over 10km/h	4
Over 10km/h in a school zone	5
Over 20km/h	4
Over 20km/h in a school zone	5
Over 30km/h	5
Over 30km/h in a school zone	6
Over 45km/h	6
Over 45km/h in a school zone	7

Provisional Licence Special Limits

Offence	Demerit Points
10km/h and under	4
10km/h and under in a school zone	4
Over 10km/h	5
Over 10km/h in a school zone	5
Over 20km/h	4
Over 20km/h in a school zone	5
Over 30km/h	6
Over 30km/h in a school zone	6

Double Demerit Points

During most holiday periods, drivers caught speeding on NSW roads will accumulate double demerit points for any type of speeding offence. It is therefore even more important to be cautious during these periods, particularly as there is often a greater police presence on the roads.

Licence Suspensions

The demerit points scheme in NSW proceeds by way of demerit points accumulation. In other words, there is an upper threshold of the maximum points for a particular class of licence and each time a fine is paid that attracts demerit points, those demerit points accumulate against your licence. Once you reach the threshold of demerit points in any three year period, your licence will be suspended.

It is also important to note that the demerit points are considered to have been accumulated at the time of the offence, not at the time that the fine is paid (or that the Court convicts a person, if the matter has been elected to be dealt with by a Court).

Further, for offences of exceeding the speed limit by more than 30km/h, additional licence suspensions apply. For P1 and P2 drivers whose licence will be suspended as a result of speeding by more than 30km/h, they will receive an additional suspension for reaching their demerit point threshold for the same offence.

Demerit Points NSW Thresholds

Type of Licence	Demerit Points Threshold
Unrestricted	13
Professional Driver	14
Provisional P2	7
Provisional P1	4
Learner	4

If an unrestricted licence holder or a professional driver reaches the demerit points threshold, then they will be notified in writing that their licence will be suspended. There is no right of appeal to stop this from occurring. The driver will be given the choice between the suspension period or accepting a “good behaviour licence” for 12 months. The good behaviour licence only has a 2 demerit point threshold.

For Provisional P2 and P1 licence holders, there is a right of appeal to the Local Court against a licence suspension that results from the accumulation of demerit points. This is also the case for suspension that result from exceeding the speed limit by more than 30km/h. For further information on appealing the decision of the RMS or NSW Police to suspend a licence, read our section on Licence Suspension Appeals.

If you have received a speeding fine and there is a chance that due to accumulation for demerit points, your licence may be suspended, contact your nearest Prime Lawyers office for advice.

We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.