Demerit Point Reduction Trial

The existing system for demerit points allows that after a period of 3 years any demerit points will no longer remain active against a person’s licence (i.e. these points will no longer count towards a suspension on the licence).

After a further administrative period of 4 months, these “old” demerit points will be removed.

Effectively, if you receive a fine for using your mobile phone while driving, you will be issued a fine, and 5 demerit points will be allocated against your licence.

After 3 years and 4 months, those points will be removed. The offence will remain to be recorded, but the 5 demerit points are no longer recorded against the licence holder.

Last Wednesday, 2 August 2023, the government passed a Bill to amend demerit points in NSW, known as the Road Transport Amendment (Demerit Point Reduction Trial) Bill 2023.

The trial was announced as a policy during the state election, and was anticipated to start on 1 July 2023, however at passing it was established that the trial start date was considered to be 17 January 2023.

The trial offers that drivers who do not accumulate any demerit points against their licence in the period 17 January 2023 to 16 January 2024 will see a reduction in their demerit points by one point per year. It is believed that the trial will benefit approximately 1.7 million drivers in NSW.

In the second reading of the Bill, Dr Margorie O’Neill , Member for Coogee, (on behalf of Ms Jo Hayden) stated “While penalties such as fines, coupled with the application of demerit points, play a key role in influencing driver behaviour, the proposed trial to allow for the removal of one demerit point after 12 months of offence-free driving is designed to complement the penalty regime by providing an incentive for drivers to remain offence free during the 12-month trial.”

For the purposes of the trial, it is noted that the Bill includes supporting criteria that must be met for the removal of one demerit point to be considered. It will include such conditions as the person having to hold an active unrestricted licence for the duration of the 12-month trial. That is, they must not be disqualified, suspended or otherwise unlicenced during the trial.

Learner and provisional licence holders will not be included in the trial given those drivers are subject to the strict conditions of the Graduated Licensing Scheme.

It is important to note that the three-year period for which demerit point penalties are measured will remain in place, as will the operation of the 12 month good behaviour period. This will ensure that those who frequently offend on our roads will continue to be properly dealt with.

In closing, Dr Marjorie O’Neill (member for Coogee) made further note “After and in alignment with the trial, an evaluation plan will be developed and include both quantitive analysis of offences and road trauma during the trial period, and qualitative measures, such as surveys of drivers impacted by the trial and of the wider community. Upon completion of the 12 month trial, the analysis will be provided to the Government so that it can determine whether there is any need for a continuation of the measures or for development of an alternative approach to further incentivize safe driving behaviours. The changes the bill will make will give something back to drivers, which is particularly welcome after what unfolded in recent times, with infringements for low-level speeding offences increasing dramatically following the removal of speed camera warning signs.”

Minister for Roads, John Graham noted “The demerit trial is an important carrot for drivers to remain offence free over a 12 month period and we will closely watch the results to see if there is a net safety benefit for motorists, pedestrians and communities. Under the previous government, there were almost a million demerit points on record and the road toll still rising. We are trying something different to encourage drivers to do the right thing and improve safety on our roads. We can’t expect to keep doing the same thing and get different results.

The contents of this article are general in nature. For advice specific to your circumstances, please contact your legal practitioner.

• Topics:

• Legal Matters