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New Trial Program Allows the Return of 1 Demerit Point

If you have been caught speeding or committing other minor traffic offences in NSW, you may be eligible to get one demerit point back under a new trial program by Transport for NSW that came into effect on 1 July 2023. The new trial program, called the Demerit Point Return Program, aims to reward safe driving behaviour and encourage drivers to comply with the road rules.

What is the Demerit Point Return Program?

According to Transport for NSW, the trial program allows drivers who have not committed any traffic offences for 12 months from 17 January 2023, to apply for the return of one demerit point, up to a maximum of five points in a lifetime. The program is open to all NSW licence holders, except for provisional P1 and P2 drivers, who are subject to a different demerit point system.

How to Apply for the Demerit Point Return Program

To apply for the program, drivers will need to remain traffic offence free for 12 months from 17 January 2023 until 17 January 2024. Drivers will then need to fill out an online form on the Transport for NSW website and pay a $25 administration fee. The application will be assessed within 10 working days and the outcome will be notified by email. If the application is approved, the demerit point will be returned to the driver’s licence record and will be valid for three years from the date of return.

The program does not affect the existing demerit point thresholds or suspension periods for different licence types. Drivers who exceed their demerit point limit will still face licence suspension or cancellation, depending on the severity of their offences. The program also does not apply to offences that result in immediate licence suspension, such as drink driving, drug driving, excessive speeding or dangerous driving.

Benefits of the Demerit Point Return Program

Transport for NSW says that the program is designed to recognise drivers who have improved their driving habits and reduced their risk of crashing. The program is expected to benefit more than 300,000 drivers in NSW each year, who will be able to regain some of their demerit points and avoid losing their licence.

Criticism of the Program

However, the program has also attracted some criticism from road safety advocates, who argue that it may undermine the deterrent effect of the demerit point system and send a mixed message to drivers about the consequences of breaking the road rules. They also claim that the program may create a loophole for drivers who commit multiple offences within a short period of time and then apply for the return of one demerit point after 12 months of good behaviour.

The NSW government has defended the program as a fair and balanced approach that rewards safe drivers while maintaining strong penalties for repeat offenders. It has also pointed out that similar schemes exist in other states and territories, such as Queensland, Victoria and Western Australia.

We Can Help

If you need help in applying for the Demerit Point Return Program or want to learn more about it Call us on (02) 4800 9011 or fill in the below form to speak to one of our lawyers today.

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