Demerit points – has the NSW RTA got it wrong again?

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By Anthony Crawford | July 06th, 2011

If you are a professional driver who spends countless hours behind the wheel, then I’m guessing it would come as no surprise that it pays to monitor one’s accrual of demerit points just in case you reach that critical level of 13 points.

That’s right, for those drivers unaware of the change that came into being on the 31st January 2011, under the NSW State Labour Government, the lucky license holders in NSW received an extra point, going from 12 to 13, at which time your licence would be automatically suspended.

Professional drivers (you’ll first need to prove that you fit the criteria) who attract all thirteen points and lose their license can apply for an additional point to allow them to keep working. What about if you need a car to get to work for any number of sound reasons, does that count too?

Did you also know, that on 31 December 2010, the RTA reduced or removed demerit points for twenty-two offences committed on or after this date. Naturally speeding and seat-belt related infringements were untouched in the re-evaluation.

Yes, I know, it sounds like progress, but just when we thought we were making headway with the hordes of right lane hogs in this country, the RTA saw fit to reduce the demerit points from three to two, if caught driving in the right lane with a speed limit over 80km/h.

The same goes for disobeying the ‘keep left unless overtaking’ rule, which also went from three points down to two. Ever tried safely overtaking someone doing 75km/h in the right lane without exceeding the 80km/h speed limit itself, or worse still, have you been booked for doing so?

And if you still have trouble with roundabouts, don’t give it a second thought, it seems almost any offense committed inside one of those has gone from two demerit points to zero.

For those folks towing a trailer, it’s even better news. For not displaying a warning flag as required (that’s what it says on the RTA website, ‘as required’) you won’t lose a single point if you don’t have a flag on the timber hanging out the back of the trailer.

More good news for Bus Lane converts, those drivers will only cop a one-point demerit, (that’s down from three), while tram lane (do we have any of those in NSW?) travellers, won’t lose a single point.

Of course, we’re still peeved about the RTA holding on to those points of yours for an extra four months after the three-year suspension period, while they sort out how to return them to your licence.

Do you think it’s time for a complete overhaul of traffic laws, licencing, penalties and road funding processes?

“james’

those are some pretty slick looking cop car shots. Has the purple cop car been photoshoped? looks a lot lower than normal

Dustin

Looks like a defective vehicle to me…..

Andronicus

Except for all the signage.

Andronicus

dammit. posted my comment on the wrong thing. so it makes no sense.

Peter

Cars on grass always look lower

hehe

Nah. that’s what happens when you have 2 overweight coppers sitting in there with a pack of donuts
Alvdog

James, these were taken by an acquaintance of mine. You can check them all out at http://flickr.com/special-fx . Not sure whether CA has asked for his permission in using them though.
http://www.facebook.com/priusfreezone Matthew Werner

I think its on a bit of a crest as well, making it look lower

Sonic

It’s only worse in WA. Here, it seems like speeding is the only way to lose demerit points. If you want to hog the right lane, or cut in front of motorists at roundabouts… go for your life.

Dave S

I have had my car photographed doing a few k’s over the limit. Yet I cant recal the last time I was waved over for speeding or breath checked (years).

My concern is always those who drive after drinking and or taken drugs. Oh and those using a mobile phone.

Jo Blow

Driving a car in NSW is treated as a crime. From rego to fines, driving is far from being a privilege in this state. It’s at enormous cost for little benefit. How much do we pay for fat lazy women behind RTA desks versus actually improving roads and driving conditions? The system is a joke.
save it for the track

What three year suspension period is being talked about? Seems poorly worded. A licence does not get suspended for three years after acruing points. Suspension of a licence takes place after 12 demerit points are accrued in ANY three year period (or 13 for the ‘professional’ driver). The best way to think of it is that once an offence is processed either by way of payment or Court conviction the points will not ‘return’ for 3 years. Of course the other change that came in on January 1 is that Section 10′s at Court now mean that the driver does not LOSE the points either.
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Speeding fines, brackets and points were reviewed in the last few years, that saw the brackets change from under 15, over 15 less than 30, over 30 under 45, and over 45, to under 10, over 10 less than 20, over 20 less than 30, over 30 under 45, and over 45.
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Given some other issues that have occurred in the past few years, I highly doubt this 3 year 4 months claim that is being made. It would not be difficult to challenge a suspension of a licence if you could show that the points accrued to supsend the licence were in a period of more than three years. I’m sure if CA went and haunted a Local Court or two and pick the right ‘defendants’ or solicitors to speak to, you would find how well a lot of them know the ‘system’.

http://www.caradvice.com.au Anthony Crawford

You need to read my piece again, I thought it was pretty clear. All drivers in NSW now have a total of 13 points. Professional drivers can apply for an extra point if they reach 13 points. Normal drivers that don’t qualify for ‘Professional’ status, will loose their licence if they accrue a total of 13 points. Any points lost will be returned to your licence after 3 years and four months.I can’t make it any clearer.

Andronicus

It was very clear. Also very informative. Thanks for this.

Car Fanatic

Not true Sonic, if you travel less than 9 K’s over the limit in WA you receive a fine but no demerits.

The roundabout will get you 3 demerits as will cutting off a vehicle in an unsafe manner or failing to signal.

Sonic

If you take my comment literally, then yes, you are correct.

However, in all my years of driving I have never seen a police car (marked or unmarked) pull over a motorist for failing to indicate, or failing to keep left on roads with a speed limit of 90km/h or over.

Al Juraj

This demerit point system is nothing but a confidence killer and ultimately a life destroyer. Drivers won’t be motivated when their licences get stained. It’s always about punishing the bad, with zero rewards for being responsible on the road. All these rules make people commit a mistake regardless. They make us paranoid rather than help add skills and genuinely prevent accidents.

Australians make a stand! It doesn’t have to be this way.
Shak

Whats wrong with the Purple Commodore in the last Picture. Its seems way too low, and really seems warped around the rear bumper compared to the rest of the photo.

Force-15

Looks like a Photoshop job to me. That would explain the tyre-scraping suspension and enlarged (lower resolution?) exhausts.
http://flickr Highway Patrol Images

Yes the purple SS Hwy car has been photoshopped and you will find that the rear bumper is not warped but the illusion of it being so due to the pearl purple paint, and the rear shot of the unmarked SS is also mine, these and other pix can be found on Flickr under Highway Patrol Images, I am the owner of these pics and I do not recall being asked or acknowledged for their use

Aussie bender

I suspect the courts are getting clogged with trivial traffic offenses so the government is changing laws to reduce the legal burden.
morons

I need to tighten my licence up then????
http://Frosty Hicks

There would be minimal reason to speed if the RTA maintained the roads, synchronised traffic lights and law enforcement properly monitored idiotic motorists to ease congestion.

Yet again though, they are proving how idiotic they are by reducing the demerits on things idiots do on the road, these actions cause accidents! But according to the RTA the true be all and end all enemy of motorists, accidents and fatalities, is speed.

What a load of bollocks.
f1worldchamp

I don’t know what exactly they mean by ‘professional driver’ anyway. My mate drives a tow truck for a living and was told he doesn’t qualify!
Wayne Kerr

The new Liberal state govt is being quite clever. Increasing revenue without further enraging motorists.

3 point infringements are the most common and drivers can now commit FOUR of them and still keep their license.
save it for the track

‘not keep left multi lane road’, ‘fail to indicate’ (left turn at intersection, right turn at intersection, change lane), ‘follow too closely to stop safely’, ‘bus lane’, ‘transit lane’, ‘u-turn at traffic lights’. just about name any offence and I have written a ticket for it. people can say they’ve been driving for [insert number of years year] and haven’t seen people pulled over for [insert offence here], but it does happen and people do get fined for the offences that others complain don’t get enforced.
http://www.facebook.com/priusfreezone Matthew Werner

Barry O’Farrel needs to put the cleaners through the RTA and send the clowns back to the circus.

Phil

He said he was going to. RTA is supposed to become the State Transport Authority (or something along those lines).

Glen

“The primary conclusion of this research is that the majority of motorist on the nonlimited access rural and urban highways examined in this study did not decrease or increase their speed as a result of either lowering or raising the posted speed limit by 4, 10, or 15 mi/h (8, 16, or 24 km/h). In other words, this nationwide study confirms the results of numerous other observational studies which found that the majority or motorist do not alter their speed to conform to speed limits they perceive as unreasonable for prevailing conditions.”
U.S. Department of Transportation
save it for the track

The 3 year 4 month assertion is incorrect. A full licence in nsw will only be suspended if the appropriate demerit points are acrued in any three year period. Anything else would not hold up under NSW statutory regulations and Acts. refer: ROAD TRANSPORT (DRIVER LICENSING) ACT 1998. Section 16. key wording is; ‘(2) Licence suspension for demerit points The Authority must give a notice of licence suspension to the holder of an unrestricted driver licence who incurs 13 or more demerit points (or in the case of a professional driver 14 or more demerit points) within the 3 year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person…’ I would suggest that anyone subject to suspension outside the statutory 3 year period would have an easy case (by way of simple letter even to the RTA) to have it not occur. It’s L A W. Not unsubstantiated bureaucracy. I have also known many a Suspended driver to be at the RTA the day after their suspension finishes to get their licence back.(if it had expired during suspension) The fact that demerit suspension notations on driver licence records also show the exact dates of the suspension, and the licence automatically comes off suspension after it has finished, also lends little credence to this 3 year 4 month assertion. Most Suspended drivers are acutely aware of the length of their suspension and the date they get it back. There is no 4 months extra. This would have been an issue raised by solicitors and tabloid TV before now if it was the case.

http://www.caradvice.com.au Anthony Crawford

I wish that was the case, but rather than argue with me, why not call the RTA yourself, as I did, and ask them. I asked the question twice and was told twice that the points owing to me on 24th May, 2011, would in fact not be returned to my licence until 24th September.

I should also point out that I am not specifically referring to complete licence suspension, but rather, simply receiving points lost, but not enough to warrant a suspension.