Photo: Dushan Hanuska, CC BY-SA 2.0, via Wikimedia Commons
In NSW, learners and P1 drivers can have 4 demerit points and P2 drivers 7 before their licence is suspended for 3 months. Because every speeding offence on Ls or red Ps carries at least 4 points, a single speeding or phone offence is enough to lose your licence. This explainer covers the limits, the offences that blow them in one go, double demerits, suspension and disqualification, and the heavier penalties for hooning and dangerous driving.
NSW demerit point limits
| Licence | Demerit point limit | Suspension if you reach it |
|---|---|---|
| Learner | 4 | 3 months |
| P1 (red) | 4 | 3 months |
| P2 (green) | 7 | 3 months |
| Full (unrestricted) | 13 | 3 to 5 months, depending on points |
You start on zero. Points count over a 3-year period; Transport for NSW does not count offences older than 40 months towards a suspension. If you reach the limit, Transport either suspends your licence or refuses to renew it. The demerit suspension is on top of any other suspension for the offence itself.
One offence, licence gone: L and P1
With a limit of 4, these single offences are enough to suspend a learner or P1 licence:
- Any speeding offence, however small. Learners and provisional drivers get at least 4 points for any speeding offence, and L and P1 drivers are suspended for at least 3 months.
- Using a mobile phone illegally. The handbook says learner and P1 drivers will go over their limit and lose their licence. Transport for NSW gives the penalty as 5 points, 10 in double demerit periods.
A P2 driver with 7 points to play with has more room, but a phone offence (5 points) leaves only 2, and one speeding offence on top ends in suspension.
Immediate suspension on the spot
Police can suspend and take your licence immediately for:
- driving without a supervisor (learners)
- driving more than 30 km/h over the limit (L, P1 and P2)
- driving more than 45 km/h over the limit (all licences)
- driving over the alcohol limit, which for L and P drivers is zero
- hooning or street racing
For L and P1 drivers, going more than 30 km/h over adds a further 3-month suspension, and more than 45 km/h over brings a 6-month suspension.
What a suspension does to your licence timeline
| Licence | Effect |
|---|---|
| P1 | Your minimum 12 months on P1 is extended by the length of the suspension |
| P2 | Your minimum 24 months on P2 is extended by the suspension plus an extra 6 months, for each suspension for unsafe driving. Each time a P2 driver is caught 30 km/h or more over the limit adds 6 months |
| P1 or P2 disqualified by a court | Your licence is cancelled. When you reapply, that P stage restarts from zero |
Provisional drivers who exceed their limit twice must pass the Driver Knowledge Test again. More on the stages: from P1 to P2 to a full NSW licence.
Double demerits in NSW
During holiday periods, these offences carry double points:
- speeding
- not wearing a seatbelt (you or your passengers)
- not using an approved and suitable child car seat
- illegal mobile phone use
- motorcycle helmet offences
School zone offences committed during a double demerit period are also doubled. For L and P1 drivers, the result is the same either way: suspension. For P2 drivers, doubling can turn one offence into a suspension. Dates and how other states differ: double demerit points in Australia.
Suspension vs disqualification
- Suspension: set by Transport for NSW or police. You must not drive until it ends. If police took your licence, apply for a replacement at a service centre before driving.
- Disqualification: ordered by a court. Your licence is cancelled. After it ends you must reapply and may have to resit the DKT or Driving Test.
Courts disqualify drivers convicted of, among other things: driving while suspended, drink or drug driving, driving more than 30 km/h over the limit, negligent or dangerous driving causing injury or death, hooning or street racing, and failing to stop after a crash where someone was hurt.
Hooning, street racing and dangerous driving
- Hooning: burnouts, donuts, racing and speed trials. Organising, taking part in, promoting or filming them is an offence. Penalties include large fines, demerit points, loss of licence, impoundment for up to 3 months (with storage fees) and prison. A second offence can lead to your car being sold.
- Negligent driving: a fine and demerit points.
- Dangerous driving, or negligent driving causing death or injury: large fines, loss of licence and prison.
Other penalties to know
- Fines: every offence has one. If you do not pay by the due date, your licence can be suspended. Not paying or setting up a plan within 6 months of that suspension can get your licence cancelled.
- Vehicle impoundment: for more than 45 km/h over, repeat high-range drink driving, hooning, repeat unlicensed or disqualified driving, or driving to escape police.
- Alcohol interlock: can be ordered after a drink-driving conviction, such as 0.08 or over, a repeat offence or refusing a test.
- Driver education: exceed your limit twice in 5 years and you may have to do the Traffic Offender Intervention Program. Drink drivers may be sent to the Sober Driver Program.
- Toll notices: use a toll road without a tag or pass and you must pay within 3 days, or a toll notice with admin fees follows.
Appeals and checking your points
You can appeal a demerit suspension within 28 days of receiving the notice; it is treated as received 4 days after posting. Check your points with Service NSW’s demerit point check. The NSW scheme that removes a point after 12 offence-free months applies to full licence holders only, not learners or P platers.
Related: NSW learner, P1 and P2 restrictions, NSW speed limits for learners and P platers, NSW phone rules for L and P platers. Full journey: learning to drive in NSW.
Common questions
How many demerit points can a P1 driver have in NSW?
Fewer than 4. Reach 4 and your licence is suspended for 3 months.
How many demerit points can a P2 driver have?
Fewer than 7. Reach 7 and you are suspended for 3 months, and your time on P2 is extended.
Will I lose my red Ps for doing 5 km/h over?
Yes. Any speeding offence on Ls or P1 carries at least 4 points and a suspension of at least 3 months.
Do my demerit points reset when I move from P1 to P2?
Transport for NSW counts points over a 3-year period, not by licence stage, so check your record with Service NSW before relying on a fresh start.
Can learners and P platers get a demerit point back for good behaviour?
No. The one-point reward for 12 offence-free months is for unrestricted licence holders only.
Can I appeal a P plate suspension?
Yes, within 28 days of the notice for a demerit point suspension.
Sources
- Transport for NSW, “Road User Handbook” (nsw.gov.au)
- NSW Government, “How demerit points work” (nsw.gov.au)
- NSW Government, “Learner and provisional driver demerit points” (nsw.gov.au)
- NSW Government, “Speeding offences” (nsw.gov.au)
- NSW Government, “Mobile phones, digital screens and GPS” (nsw.gov.au)
- Transport for NSW, “Mobile phones” (transport.nsw.gov.au)