WHEN DO YOU GET DEMERIT POINTS BACK?
Criminal Lawyers Group are often asked the question as to when an individual regains their demerit points back after losing them, so as to avoid the Driver Licence Suspension that occurs if one were to lose further demerit points and exceed the demerit point limit prior to regaining their old lost demerit points back.
Demerit point offences used in a Driver Licence Suspension must be committed within a 3-year period. In effect, a person who loses demerit points regains them 3 years after the relevant driving offence.
A Suspended Driver Licence can be a major inconvenience to an individual’s life and their ability to fulfill their commitments. Meeting busy daily schedules often requires a person to drive a vehicle as driving is generally considered the most time efficient, practical and flexible mode of transport. It is also a cheaper alternative to other modes of transport such as Uber. If you or someone you know are facing a Suspended Driver Licence, contact our award-winning specialised traffic lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT ARE DEMERIT POINTS?
Demerit points are penalty points that a driver has added and accumulated to their driving record if they commit certain driving offences. All drivers and riders start with zero demerit points and remain on zero demerit points if they don’t commit any driving offences. If a certain amount of demerit points is accrued within a 3-year period, a driver faces a suspension of their Driver Licence. The relevant amount of demerit points for unrestricted Driver Licence holders is 13 points.
However, it is very common for people to refer to drivers as having a certain amount of demerit points available, with driving offences leading to a loss or reduction in demerit points, rather than the gaining of demerit points, and by extension the Driver Licence Suspension occurring when one loses the pre-determined amount of demerit points, rather than gaining that amount of demerit points. In fact, the NSW Government’s very own ‘Demerit Point Return Scheme’ in itself uses the latter common approach, through the word ‘Return’ in reference to the returning of a demerit point to drivers with a clean 12 months driving record.
NSW GOVERNMENT DEMERIT POINT RETURN SCHEME
The NSW Government introduced the Demerit Point Return Scheme, which rewards motorists who commit no offences during a 12-month period that runs from each January to the following January by having a demerit point wiped off their Driver Licence. The slashing of the demerit point is an alternative to having to wait the standard 3-year period for the demerit point to be wiped.
The intention of the scheme is to incentivise and encourage safe driving and by extension save lives on the road. NSW Premier Chris Minns declared safety to be the number one priority of rewarding safe drivers and referred to the scheme as a carrot and stick approach.
Across NSW, there are approximately 1 million residents who remained offence free between January 2024 and January 2025 and as such are being rewarded through the scheme, whilst more than 420,000 motorists have benefitted two years in a row.
The results of the scheme’s second year suggests that Western Sydney and regional NSW residents are the biggest beneficiaries. The Minister for Roads, The Hon. John Graham MLC was full of praise for all motorists who qualified for the wiping of the demerit point, stating “I want to thank all those people who did the right thing every day for 12 months because they just may have helped save a life.”
Other road safety measures introduced by the NSW Government include trialling average speed cameras for light vehicles in 2025, doubling roadside enforcement sites used for mobile speed cameras, enforcing seatbelt compliance through existing mobile phone cameras and signing the National Road Safety Data Agreement with the Federal Government.
CONTACT CRIMINAL LAWYERS GROUP NOW
A Driver Licence Suspension can be an expensive burden that drastically impacts your ability to efficiently meet your commitments. If you or someone you know are facing a Driver Licence Suspension, or have already had your Driver Licence suspended, contact our specialised traffic lawyers at Criminal Lawyers Group immediately for a free consultation.