Recent changes to the law in NSW have made it possible for a driver due to be suspended due to the accrual
A driver with multiple minor offences can lose their license through an accrual of demerit points from a range of traffic offences.
Recent changes to the law in NSW have made it possible for a driver due to be suspended due to the accrual of demerit points to make a Section 10 appeal to avoid a licence being unreasonably suspended.
Below is a comprehensive page of content with everything you need to know about demerit points.
Demerit points for traffic offences (list of major offences)
There is a massive list of offences in NSW which result in demerit point penalties. While this is by no means an exhaustive list, here is a guide to points penalties for some common offences:-
>> Speeding offences: See speeding offences for a full list
>> Failure to display L or P plates: 2 demerit points
>> Failure of you or a passenger to wear a seltbelt: 3 points (increased to 6 demerit points if there are two or more unrestrained passengers)
>> Failing to stop at Red Light, Stop Sign or Give Way Sign: 3 demerit points (4 demerit points if in a school zone)
>> Other failures to observe a traffic sign: 2 demerit points
>> Failure to Give Way when required: up to 3 demerit points
>> P1/P2 driver carrying more than one passenger: 7 demerit points
>> Vehicle defects: up to 3 demerit points.
Certain serious offences (such as drink driving) do not carry point penalties,but will go directly to the court rather than being handled through the RTA demerit point process.
Loss of license from accumulation of points
A driver on a full license will be suspended for at least three months if they accrue the following number of demerit points in a three year period:-
>> Open license: 13 demerit points;
>> Professional drivers: 14 demerit points;
>> P1 licence: 4 demerit points;
>> P2 license: 7 demerit points;
>> Learner: 4 demerit points;
Learner,P1 and P2 drivers will also face higher demerit points penalties than drivers on an open licence for some offences.
Avoiding Licence Suspension from Demerit Points
A driver on an open license can avoid suspension by applying for a 12 month good behaviour period.Drivers will be given the option to accept a suspension or apply for a good behaviour period.The good behaviour period lasts 12 months and drivers who accrue two or more demerit points during this period will be suspended for at least 6 months.
A recent change to the law in NSW can enable someone to appeal a demerit point penalty that would result to a suspension.Such an appeal can occur even if you are guilty of the traffic offence which led to the demerit points penalty.This removes the previous inconsistency which prevented people suspended for demerit point offences having the same appeal rights as someone suspended for court-determined driving offences (such as drink driving).
Effectively these appeals will be an appeal of the point penalty for your most recent offence, although you can expect the court will take your whole traffic record into consideration when deciding whether to grant relief.
Article Source: http://www.compensationsecrets.co.uk/.
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