Holders of unrestricted driver licences in New South Wales may elect to obtain a good behaviour licence rather than serve out their driver licence suspensions.
What is a good behaviour licence?
Section 36 of the Road Transport Act 2013 (NSW) provides a mechanism whereby full licence holders who have exceeded their demerit point limit may apply for a good behaviour licence for a period of 12 months instead of being suspended from driving.
Who is Eligible?
To be eligible for a good behaviour licence, you must:
- Hold a full driver licence,
- Have exceeded your demerit point limit,
- Not have commenced your period of suspension, and
- Apply through the RMS.
How can you apply?
Applications for a good behaviour licence can be made through the Roads and Maritimes Services (RMS), either in person at Service NSW or online. You must apply in person if there are less than two business days before your suspension begins. We highly recommend you call us at Orr Legal to discus your issues before you apply for a good behavior licence.
What are the requirements?
In order to apply for a good behaviour licence, you will need:
- Your unrestricted driver licence, and
- Your notice of suspension.
How long is it valid for?
A good behaviour licence last for 12 months.
What happens if I get another fine?
If you accrue two or more demerit points while you’re on a good behaviour licence, you’ll be suspended from driving for twice the period of your original suspension.
Can I appeal the suspension?
No. There is no avenue of appeal against the suspension of a good behaviour licence.
What happens to my demerit points?
Section 37 of the Road Transport Act 2013 provides that all demerit points recorded against a person on the date of a notice of suspension or ineligibility are deleted of the date of the suspension, ineligibility or good behaviour licence commencing.
However, demerit points are not deleted where they are incurred after the notice of suspension or ineligibility has been received, or a good behaviour licence election has occurred, but before the suspension, ineligibility or good behaviour licence has commenced.
If you receive 2 or more points limit while driving on a good behaviour licence you will lose your licence for double the initial suspension period. The initial suspension period will depend on the number of points you originally accumulated:
|13 – 15
|16 – 19
For example if you originally accumulated 15 points and elected a good behaviour period and proceed to lose 2 or more points while on good behaviour, then your licence will be suspended for 8 months.
Before You Apply
If you choose to have your matter heard in court you should seek legal advice from Orr Legal prior to your hearing. You may also like seek further information from the RMS website. Contact us at Orr Legal for all your legal adivce.