Key Takeaways
- Double demerits in NSW are enforced during specific holiday periods and long weekends. Be aware of the dates to avoid unexpected penalties.
- Double demerits are available for various traffic offences, including speeding, using a mobile phone, and not wearing seatbelts.
- Accumulating demerits can lead to serious consequences, including licence suspension. Drive safely and responsibly during these periods to avoid penalties.
Table of Contents
Double Demerits NSW
Double demerits are doubled for confident New South Wales (NSW) traffic offences. This is important to ensure road safety and that drivers behave well during high-risk periods such as long weekends and holidays. The primary purpose of double demerits in NSW is to encourage drivers to drive safely while obeying the law. Thus, increasing road penalties is essential for the government to ensure a safe driving culture while reducing the risk of accidents.
Double demerits are meant for speeding, not wearing safety belts, using a body phone while driving and riding without a helmet. These are high-risk behaviours and cause very high chances of accidents and possible fatalities. Double demerits have an impact on those who commit offences during specific periods of:
- During specific periods of the year, those who commit traffic offences will receive double demerit points. For example, if a person is caught speeding, they would receive six demerits from a 3-point demerit.
- The driver’s licence will be suspended once the demerit reaches a certain point. The number of demerits required depends on the licence type and the state.
- In addition to demerit points, individuals who commit traffic offences during double demerit periods may be subject to heavy fines.
- It is also essential for individuals to avoid any hefty penalties and offences during any hefty penalties.
Individuals need to stay informed during these periods. Moreover, the government of NSW would announce in advance about the traffic awareness and regulations. Therefore, individuals must plan their trips to give them enough time to avoid speeding. In addition, drivers should ensure that their passengers are wearing seatbelts and that they are not using their phones while driving. This is because those who do not follow the traffic laws and rules will face severe consequences, such as accumulating double demerits and suspending their licence. It is also essential to know that individuals may face imprisonment, so they must take road safety seriously.
When Do Double Demerits Start In NSW
Double demerits in New South Wales (NSW) occur during holidays and long weekends. For example:
- Australia Day, which took place from 25 January to 28 January 2024.
- Easter from 28 March to 1 April 2024.
- Anzac Day from 24 April to 28 April.
- King’s birthday is from 7 June to 10 June.
- Labour Day from 4 October to 7 October.
- Christmas to New Year, that is, 20 December to 1 January.
Note that these dates and days are subject to change during subsequent years.
Double demerits begin from 12:01 am on the first day of the long weekend right up to 11:59 pm till the last day. During these moments, demerits are doubled for offences such as using a mobile phone while driving, speeding, or not using safety belts or helmets while riding motorcycles. Moreover, those committing these offences will double demerit points even if caught outside NSW.
To stay informed about double demerits and schedules in NSW, individuals can gather them from:
- NSW Government websites such as Transport for NSW.
- NSW police website.
- NSW government social media @NewSouthWales.
- Subscribe to NSW road safety newsletters.
- Use traffic and road conditions apps such as Traffic NSW and Roadwork Tracker.
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What Offences Are Subject To Double Demerit Points In NSW
Many traffic offences in NSW are subject to double demerits during specific periods. These offences are:
- Driving over the speed limit and the demerits depend on the type of offence. For example, if a person is driving at 10 km/hr over the limit in a school area, they will receive two demerits. However, if the person drove over 45 km/hr in a school zone, that would result in 7 demerits.
- If the person does not wear a safety belt, that will result in 4 demerits.
- Using a mobile phone with a Class C learner licence for people under 25 or a P1 professional would result in four demerits.
Accumulating double demerits to a specific limit may negatively impact an individual’s driving record, such as having their licence suspended, increasing penalties, and negatively affecting their driving history. It is essential to plan ahead, wear seatbelts, refrain from using mobile phones, drive according to the speed limit, and ensure passenger safety.
How Double Demerits Impact New Drivers In NSW
Double demerits impact new drivers in NSW or those with a provisional licence because they are new to the driving experience and, therefore, have a strict enforcement timeline. Double demerits are enforced during public holidays, and demerits are amplified in school zones. This is because:
- New drivers may not be aware of the extent of the rules and regulations, such as restrictions in school zones, speed limits, and the usage of mobile phones.
- New drivers may not be aware of police presence during peak periods or in a school zone, and they are more likely to commit an offence without knowing the risks and consequences.
- Less experienced individuals may be more prone to mistakes like speeding, not wearing safety belts, running red lights, or other traffic offences.
To avoid violations during double demerit periods, individuals in NSW should abide by the following steps:
- Understanding road rules is essential to understanding the speed limits, school zone restrictions, and mobile phone usage.
- Plan trips in advance and know the areas you will be driving to to avoid making mistakes.
- Determine school zones during planned drives so that speed limits are adhered to.
- Do not use your mobile phones or speak with the passengers to avoid distractions.
- Be cautious of police presence and areas where rules are stringent.
- Try carpooling or public transportation to avoid being penalised for unwanted road violations.
Can Double Demerits Lead To License Suspension?
Yes, double demerits may lead to licence suspension in NSW. Double demerits occur during holidays and high-risk moments when the demerits are doubled. The accumulation of these demerits may cause one’s licence to be suspended.
The threshold for licence suspension depends on the type of licence. For instance:
- A 13 demerit over 3 years would cause a licence suspension.
- For those with a restriction or provisional licence, a seven demerit over 3 years would cause licence suspension.
- A learner licence holder with four demerits over 3 years may cause li sense suspension.
During double demerit periods, those who accumulate double demerits may experience:
- A 13-demerit over 1.5 years would cause licence suspension for restriction licences.
- A seven demerit over 1.5 years for a provisional licence would cause licence suspension.
- A learner licence holder with four demerits over 1.5 years may cause li sense suspension.
Drivers close to demerit point limits must regularly check their demerit points, exercise extra caution during high-risk movements, consider a reasonable behaviour licence period, and plan drives in advance to avoid unwanted issues.
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How To Appeal Double Demerit Offences In NSW
Individuals who accumulate too many demerits may face licence suspension. However, they may receive demerit offences in some scenarios because they did not handle vehicle issues or an emergency.
To appeal double for double demerits in NSW, individuals would need to:
- Read the penalty notice to ensure that the details are indeed correct. This would include date, time, location, and type of offence.
- Collect evidence to support the appeal. This could range from statements from witnesses, photos, or videos.
- Contact the authority that issues the penalty and appeal with the relevant court or tribunal.
Criminal Law Group is an excellent law firm that can help provide guidance and representation for appeals for those with double demerits. The firm has experienced lawyers who can help navigate the appeal process and provide the best possible outcome. It is also important to know how to prepare for consultation at a criminal law firm and a guide to finding the best Sydney defence lawyers.
How Do Double Demerits Work
Double demerits are implemented to ensure safe driving behaviours during the holiday period. Offences include speeding, not wearing seatbelts or helmets, and using mobile phones while driving.
For instance, if a person were caught speeding and issued three demerits, the number would become six due to the double demerit points. However, not all regions, such as the Northern Territory, provide demerit points. However, double demerits apply yearly for repeat offenders in areas such as Queensland. States such as Victoria and Western Australia have their double demerit policies.
- NSW and ACT impose double demerits during public holidays, but the ACT only doubles demerits for certain offences.
- Queensland’s double demerit system is more comprehensive. It applies to repeat offenders year-round, whereas NSW only imposes double demerits during specific periods.
- Western Australia’s double demerit system is similar to NSW’s, but there are some differences in the offences that attract double demerits.
- Victoria’s double demerit system is similar to NSW’s, but there are variations in how double demerits are applied to certain offences.
Are School Zone Offences Included In Double Demerits?
Double demerits are applied to school zones during specific periods. For instance:
- In NSW, double demerits apply in school zones during school holidays. This would include days when teachers are at school, and the demerits are applied for speeding, illegal usage of mobile phones, and not wearing seatbelts and a helmet while riding a motorcycle.
- In Queensland, double demerits are enforced during school days. However, they do not necessarily apply to school zones if individuals commit the offence more than once within 12 months.
It is important to note that not all states and territories enforce the double demerits system in school zones.
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Do Double Demerits Mean Double The Fine?
Double demerits mean that when a person commits an offence during a period such as holidays or long weekends, they will receive double demerits on their licence. That does not necessarily entail that the fine is doubled for these offences. Therefore, explaining the difference between monetary fines and demerit points is important. Demerits mean a penal system to monitor and track the offences. However, double fines are imposed for committing traffic offences. Thus, demerits are applied to the points and not the fines.
Common misconceptions of demerits are that the fine is doubled. Examples of penalties under the double demerits are speeding, not wearing seatbelts while driving, not wearing a helmet while riding a motorcycle and using a mobile phone while driving.
Do Double Demerits Apply To Interstate Drivers In NSW
When driving in NSW, interstate drivers are subject to the traffic laws of the state where they are driving. Therefore, double demerits are applied for offences of the state, such as not wearing a seatbelt or helmet, using the phone while driving, and speeding fines NSW. Double demerits are applied and recorded on the licence from the home state. For example, if someone from ACT is speeding in NSW, then the double demerit applies to the ACT licence. Therefore, a person can still have their licence suspended and penalised in their home state.
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How Long Do Double Demerit Periods Last?
Double demerit periods are different across states and territories. It is also important to determine when do demerit points reset.
- In NSW, double demerits are enforced during six holiday periods throughout the year. However, the dates may change annually.
- In the ACT, double demerits are enforced during the same period as in NSW.
- In Queensland, repeat offenders who commit an offence within 12 months of the previous offence receive double demerits.
- Currently, South Australia, Tasmania, Victoria, and the Northern Territory do not apply double demerits at any time of the year.