If you have been served with notice of licence suspension for incurring 13 or more demerit points and hold a full driver’s licence, you may elect to obtain a good behaviour licence. Under section 36 of the Road Transport Act 2013, if an election to is made for a good behaviour licence, prior to the commencement of the suspension period, the good behaviour licence can be an alternative to the suspension.
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The date on which the suspension is to start can be found on your notice. This date is usually not earlier than 28 days from the day you receive the notice.
If the RMS, then grants your application for a good behaviour licence, your good behaviour period will run for 12 months.
In these 12months, if you incur 2 or more demerit points you will have breached your good behaviour licence. This means you will be suspended for double the period of time you were originally suspended for.
You are served with a notice of licence suspension for 3 months. You then choose to elect and are granted a good behaviour licence. You lose another 2 demerit points during the good behaviour period. This means you will then be suspended for 6 months.
The only way to avoid the period of suspension is if there are grounds to appeal the demerit points which were accrued while on the good behaviour licence. The appeal must be lodged with the Local Court.
For legal advice on the best option or assistance with lodging an appeal, contact one of our lawyers on (02) 9025 9888.