18 Mar 2023
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If a person is caught driving over 30 kph (for a provisional driver) or over 45 kph – police may issue an immediate licence suspension (s224 of the Road Transport Act 2013 – ‘the Act’). If the penalty notice for an over 30 kph or over 45 kph is paid or not paid (without a court election) the Roads and Maritime Serives (RMS) will suspend the person’s licence (s59 the Act). If a driver reaches the threshold (as defined) number of demerit points the RMS will suspend their licence (s33 of the Act). However, a full licence holder can elect to go on a good behaviour licence for 12 months with 2 demerit points (s36 of the Act). Once a person has accrued the threshold number of points there is no appeal for a person to be able to retain their licence – the suspension happens by operation of law unless the person elects for a good behaviour licence. There is no such thing as a conditional licence or a licence to go from home to work and back – a person is either licenced or not. A provisional licence holder does not have an option for a good behavour licence however, they can appeal to the Local Court against the RMS decision to suspend their licence (possibly due to the limited number of points). Some of the common demerit points and fines for a car or light vehicle are as per the table below: