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Traffic Law » Licence Suspensions » Good Behaviour Licence

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Good Behaviour Licence

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.

    Example:

    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.

    Common Questions about Good Behaviour Licences

    Am I eligible and how do I apply?

    If you choose to apply for a good behaviour licence you must apply before your suspension period begins. You may also, depending on your circumstances, have to complete a Driver Knowledge Test before you are eligible to enter into the good behaviour period.

    You can either apply for a good behaviour licence online through the RMS website, or in person at any Service NSW centre. You will need your NSW driver licence details and your notice of suspension.

    I have committed a traffic offence whilst on my good behaviour licence, and I do not want my licence to be suspended, what do I do?

    If you have committed a traffic offence whilst on your good behaviour licence there are two options available to you to avoid having your licence suspended:

    1. You can request a review with the RMS; or
    2. You can elect to have the penalty determined in Court.

    Requesting a Review

    When you receive the penalty notice for a traffic offence, there are details on the penalty notice as to how you can request a review with the RMS.

    If you do choose to request a review, it is best to explain why it is that you are seeking leniency from paying this particular fine and to provide as much supporting documentation as possible.

    The RMS will then advise you if the penalty still stands, if the penalty is to be waived because of your explanation, or if the penalty is to be cancelled.

    Electing to have the penalty notice determined in Court

    You can also decide to have your penalty notice determined in Court. If you choose this option, you will either have to enter a plea of guilty or not guilty to the offence.

    As specialist traffic lawyers, it is best to contact one of our lawyers should you decide to elect to have your penalty determined in Court. This is because you may run the risk of receiving a harsher penalty than had you originally paid the fine.

    Generally, if you have elected to go to Court and are ‘entering a plea of guilty with an explanation’, the Court will consider the following:

    1. Your explanation as to why you committed the offence
    2. Your current circumstances including your need for a licence
    3. Your traffic record
    4. How long you have been on the good behaviour licence
    5. Whether you have completed a traffic offender’s program

    Choosing to go to Court in these circumstances can often be a difficult decision. If you are deciding whether to court elect on a traffic offence you have committed during your good behaviour licence it is best to seek advice from one of our specialist traffic lawyers before you decide to have your penalty determined in Court.