A motorist who has lost all their demerit points faces a period of licence suspension. The RTA will send a Notice of Suspension to a licence holder who reaches or exceeds the number of points available for their type of licence. Normally these suspension periods last for a period of 3 months, but can be longer.


RTA Good Behaviour Periods

Unrestricted licence holders who receive a Notice of Suspension due to the accumulation of demerit points can apply for a 12 month good behaviour period instead of serving the suspension. Drivers who are still on their P plates cannot apply for a good behaviour period.

The license holder must submit a good behaviour election form BEFORE the suspension begins. If the form is not submitted by the required date, then the RTA will enforce the licence suspension. The relevant legislation does not give the RTA the discretion to reissue a suspension notice with a new date or to change a suspension to good behaviour after the suspension period has begun.

The RTA suspends licence holders for double the original suspension period if they accumulate two or more demerit points whilst serving a good behaviour period.

Frequently motorists commit an offence during the 12 month good behaviour period. This can mean they are facing double the penalty and if they need their licence for work or business they can end up jeopardizing their job and career and losing many thousands of dollars.


What Are Your Options?

If you are in this situation – there is something you can do. You can choose to have the matter heard at Court. You can either enter a plea of Not Guilty (if you believe that you did not commit the offence) or you can enter a plea of Guilty – but seek to have the matter dealt with by way of Section 10, where the Magistrate exercises leniency having regard to your good character and personal circumstances. This will mean that the demerit points are waived – and you can stay on the road. Often this also means you can keep your job, or keep running your business.

At Australian Legal Specialists, we have handled many of these cases. We have a very good track record, winning 86% of the time. In addition, we take these cases on a NO WIN NO FEE basis. If we don’t win the case, you don’t have to pay our fees.

Often keeping your drivers licence can literally save you thousands of dollars, not to mention the inconvenience and everyday difficulties associated with being off the road. To keep your licence and stay on the road call us today.

If you would like to speak with one of our traffic lawyers, please phone our office on 02 9024 9530 or drop us an email using the contact form to the right.

The initial consultation is absolutely free and carries no obligations. If your licence has been suspended, please let us know - we may be able to arrange a home visit at a time that suits you.