There are two things you can be certain of this weekend – the Panthers winning their fourth consecutive premiership and double demerits!
We often get inquiries about what you can do if your licence is suspended for accruing too many demerit points.
From Friday to Monday this weekend if you are caught committing a traffic offence that attracts demerit points you will receive double meaning your chance of losing your licence is much higher.
A demerit points suspension occurs when you accrue more demerit points than you are allowed under the licence you hold.
For an unrestricted licence holder the limit is 13. For green P platers the limit is seven. For red P platers and L plates the limit is four.
The typical suspension period for accruing too many demerit points is three months off the road.
If you are an unrestricted licence holder you will most likely have the option of electing to go on a one-year good behaviour bond instead of serving your suspension. This means that if you are caught committing a traffic offence that attracts more than one demerit point during the 12 month bond period you must serve double the original suspension. However, if you do not commit any traffic offences during this period you start with a clean slate and no demerit points.
If you are a P plater you do not have the option of a good behaviour bond. You can however appeal your demerit points suspension. In considering whether to offer you leniency in the form of overturning your suspension altogether or reducing the period of your suspension the Court will take into account things like:
• Your need for a licence;
• The nature of your driving record and the offence that resulted in your licence being suspended;
• Personal circumstances, like the availability of public transport in the area in which you live.
Normally, the Court also likes to see that young drivers engage in a traffic offenders program to educate them about the dangers of breaking the road rules in order to give you leniency or overturn your suspension.
One of the most common questions we get asked is “can I get a work licence?”. In other words, can I get a licence to only drive my car for work purposes.
No such licence exists in New South Wales and while it is a relevant factor in considering your appeal, most people need their car to get to and from work so that fact in and of itself is usually not enough to get you over the line. Magistrate’s also often take the view that you knew you needed your licence for work before you committed the traffic offences leading to your licence suspension, so will offer limited leniency.
To be successful in a demerit point suspension appeal as a P plater you normally need to demonstrate that you have a need for a licence, demonstrate why public transport is not an option for you to travel to and from work or study and fulfilling the other commitments you have, and successfully complete a traffic offenders program at a minimum.
We wish all of our readers a happy and safe long weekend and we have a public service announcement – if you are a highway patrol officer and your radar clocks something moving at 200km/h on Sunday don’t be alarmed – it is probably just Dylan Edwards scoring a length of the field try.
Daniel McKinnon
Since graduating with two degrees in Law and Commerce from the University of Wollongong, Daniel’s spent over ten years solving a wide range of legal problems for the people of Western Sydney.