The State Government has amended the demerit points for driving offences

The State Government has amended the demerit points for driving offences. Under the new rules a driver with an unrestricted licence (black licence) can accrue 13 demerit points before his or her licence is suspended for a period of three (3) months. Accordingly, once a person has twelve (12) points accrued any further offence will result in the loss of licence. Following the accrual of the thirteen (13) demerit points the usual procedure is for the Roads and Traffic Authority (RTA) to write to the driver indicating that the licence will be suspended for a period of three (3) months. The alternative to the three (3) month suspension is to accept a six (6) month good behaviour bond. That means that there is no suspension but if during the six (6) month period an offence occurs then the licence is suspended for six (6) months and there is no right of appeal. A Barrister whom we brief once commented that the only people that should accept a six (6) month good behaviour bond are people that reside west of Bourke. In other words it is highly likely that most people would be unlucky enough to have at least one offence during the six month period.

The Government has also now amended the relevant legislation whereby demerit points will no longer be imposed where a Magistrate makes an Order dismissing a traffic matter under Section 10 of the Crimes (Sentencing Procedure) Act 1999. In other words if an offence occurs and a person wishes to defend same then the fine should not be paid and the driver should elect to have the matter dealt with by the Local Court. Even if the Magistrate finds the offence proved he or she may decide due to the good driving record of the person that the demerit points will not be imposed.

The above is information of a general nature and your specific matter should be discussed and Cluff & Associates can provide assistance in that regard.

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