Good Behaviour Licences

Posted on Sep 22, 2021 by Peter Mullen   |   Categories: Criminal & Traffic Law

If you are an unrestricted licence holder (full licence holder) and you are suspended from driving for incurring too many demerit points, you do not have the option of appealing the suspension at Court. This can be a difficult and stressful situation for people especially if they need their licence for work. You may, however, apply for a good behaviour licence to avoid the suspension and continue driving.

What is a good behaviour licence?

A good behaviour licence allows unrestricted licence holders who have received a Notice of Suspension for exceeding the demerit point threshold to avoid a suspension and continue driving.

In NSW, unrestricted licence holders will exceed their demerit point threshold when they incur 13 or more points within a three-year period. If this occurs, Transport for NSW will send you a Notice of Suspension in the mail.

The period of a good behaviour licence is 12 months. This means as an alternative to serving the suspension, you must be of good behaviour by not committing any traffic offences for a period of 12 months.

How do I apply for a good behaviour licence?

You must apply for a good behaviour licence before your suspension begins. Once you make this election, it cannot be withdrawn. If the election is not made before the required date, then the licence suspension will be enforced.

You can apply for a good behaviour licence by applying through Service NSW either online or by visiting a service centre.

What happens if I breach a good behaviour licence?

If you accumulate 2 or more demerit points during the 12-month good behaviour period, your licence will be suspended for double the original suspension period. The original suspension period is determined by the total number of demerit points that a person incurs.

Demerit Points Original Suspension Period Suspension Period if Breach
13-15 3 months 6 months
16-19 4 months 8 months
20 or more 5 months 10 months

 

What happens to my demerit points?

All demerit points that a person has accumulated will be deleted on the date the good behaviour licence commences.

Court Election

Alternatively, if you do not want to apply for a good behaviour licence but still want to avoid a suspension, you can elect to have your matter heard at court. However, you must be aware that if you plead guilty or are found guilty, the court may record a conviction. If a conviction is recorded, you will have a criminal history. There is also a risk that the court will impose a larger fine than the original fine you receive for the offence. The maximum fine the court can impose is $2,200.

If you need help or advice with respect to a good behaviour licence or other traffic law matter, contact Baker Lover Lawyers.