​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Frequently Asked Questio​ns​​

Fines - FA​Qs ​​

1. What is a fine? A​​​​re there different sorts of fines?

A fine is a financial penalty you have to pay to the government for breaking a law. A fine can also be called a 'ticket', 'penalty notice', 'infringement notice' or 'criminal infringement notice (CIN)'.

You could get a fine from a court or you could get a penalty notice from a police officer or other government organisation, for example a local council.

Alert Icon This topic only contains information about fines that you have to pay to the government. Sometimes you may receive a 'fine' from a private organisation (for example, a fine from your local video store for overdue DVDs). If you have received a fine from a private organisation and you are considering not paying it, you should get legal advice.

For more information, see Private 'fines'.

2. I just received a fine​. What do I do now?

If you have been given a fine, there are a number of steps you can take, including: 

  • nominating the person responsible for the fine (if it was a camera or parking offence)
  • asking for a review
  • paying the fine, or 
  • choosing (electing) to go to court.

There are time limits on how long you have to take any of these steps and you should decide what you want to do about your fine as soon as possible. Your fine will not go away unless you do something about it.

For more information, see Have you got a fine? 

3. What is Revenue NSW?​​ What can it do?

Revenue NSW collects debts for the government in New South Wales (NSW). When an authority in NSW, for example the police or Roads and Maritime Service (RMS) issues you with a fine, Revenue NSW will deal with that fine on behalf of the authority.

When you get a fine, you will have by the due date (or 21 days from when it was served if there is no due date) to pay it. If you do not pay your fine in time, it will be sent to Revenue NSW. Revenue NSW will send you a penalty reminder notice to remind you of the fine. The penalty reminder notice must be paid within 28 days of the date it was issued. If you still do not pay the fine Revenue NSW can issue an overdue fine. If an overdue fines is issued, this means Revenue NSW can take steps to restrict your licence and take the amount of the fine from you.

Alert Icon  Revenue NSW will add $65.00 or $25.00 for under 18s (as at July 2017) to the amount of the fine when it issues an overdue fine.

For more information, see What if I do nothing?

4. How can I take a fine to court?​

If you are given a fine and you think you have not broken the law, or that the amount of the fine is too harsh, you can ask to have your case heard in court. This is called 'electing' to go to court.

If you want to elect to go to court you need to fill in a court election form and return it to . If you want to download this form, go to the Revenue NSW website. You can also elect online at SRD website or write to Revenue NSW by the due date on your penalty reminder notice.

You will receive a Court Attendance Notice telling you the date and court you have to attend. Your case will be listed at a court near the place where the offence occurred.

Alert Icon Before electing to go to court, you should get legal advice. The court may order you to pay a fine that is larger than the original fine. For more information see Electing to go to court.

Alert Icon Before electing to go to court, you should also consider asking Revenue NSW to review the penalty notice. For more information, see Asking for a review. ​

5. Can I still take a fine to court after Revenue NSW has started enforcement action?​​

If an overdue fine is in place, you cannot elect to go to court. If you have received an overdue fines and you want to take the fine to court, it is possible to apply to annul (cancel) the overdue fine. If your application to annul the overdue fines is successful, you will then be able to go to court to challenge the fine.

For more information, see Responding to an overdue fine

6. I elected to go to court and I received a Court Attendance Notice.​​ What do I need to do to prepare for court?

You need to decide whether you are going to plead guilty or not guilty.

If you agree that you committed the offence but you would like to explain to the court why you broke the law, you can plead 'guilty', and ask the court for leniency (a smaller fine or no fine). If you are pleading guilty, your case will usually be dealt with on the first day that you are in court. You should prepare what you are going to say to the magistrate and organise other documents that will support you case, for example character references or medical certificates.

If you don't believe you broke the law you may want to plead 'not guilty'and defend the case against you. If you decide to plead not guilty, you will need to come back to court a second time for the hearing of your case. The first time you are in court, you will need to tell the court how many witnesses you will be calling (including yourself) at the hearing, and any days that you or your witnesses are not available. This will help the court to work out when to schedule the hearing and how long the hearing will take.

For more information, see Going to court.

7. I have a fine from a court. ​​​​I cannot pay. What can I do?

If you are fined by a court, you must pay the fine within 28 days.

If you think you may not be able to pay the fine in time, you can either apply for more time to pay the full amount (but no longer than three months) or you can apply to pay by instalments.

For more information, see After court

8. What can I do if my licence has been suspended because I didn't pay a fine?

If you do not pay a fine or take some other action, it will be referred to Revenue NSW. Revenue NSW will send you a penalty reminder notice and, if the fine is still not paid, it will send you an overdue fine. If you still do not pay the amount owing in an overdue fine, Revenue NSW may direct Roads and Maritime Services (RMS) to suspend your driver's licence and cancel the registration of any vehicles registered in your name.

If your licence is suspended you cannot drive. If your vehicle registration is cancelled, you cannot drive that vehicle. To get your licence back you will usually have to pay the full amount that you owe or make an application to pay by instalments.

For more information, see Consequences of an overdue fine.

Have you got a fine​?- FAQs ​

1. I got a fine and I was going to pay it but I lost it.​​ I just found the fine and it says it was due two days ago. What can I do now?

You can still pay the fine. If you do not pay a penalty notice (fine) by the due date, Revenue NSW will send you a penalty reminder notice. You will have 28 days from the date of the penalty reminder notice to either pay the fine, elect (choose) to go to court, or request a review.

If you do not take any action by the due date of the penalty reminder notice, enforcement action may be taken against you. A $65.00 administrative fee will be added to the fine, or $25.00 if you are under 18 (as at July 2015).

For more information, see Paying the fine.

2. I got a fine for exceeding the speed limit by more than 10 km/h.​ I'm worried that I will lose my licence if I pay the fine. How can I check how many demerit points I have?

You can check how many points you have by going to a Roads and Maritime Services (RMS) registry office, calling RMS on 13 22 13 or online at Service NSW.

If you don't pay the fine by the date on the penalty reminder notice, Revenue NSW can take enforcement action against you. When an overdue fine is made, the demerit points will be added to your record.

3. I have so many bills to pay I am struggling to stay on top of everything. I recently received a parking fine that is due in one week.​ Can I arrange more time to pay?

When you receive a penalty notice you have until the due date to pay, or within 21 days of being served if there is no due date.

If you do not pay the penalty notice in time, Revenue NSW will send you a penalty reminder notice. You will have a further 28 days from the date of the penalty reminder notice to pay. During this time you can make partial payments if it is easier to pay the fine off bit by bit.

If you have not paid all of the fine within 28 days of the date of the penalty reminder notice, Revenue NSW will take enforcement action and the amount you owe will be increased by an enforcement fee of $65.00, or $25.00 if you are under 18 (as at July 2015). You can then contact Revenue NSW and make formal arrangements to pay by instalments. It is not possible to make a formal arrangement to pay by instalments until after an overdue fines is issued, unless you receive a Centrelink Benefit.

If you are on a Centrelink benefit, such as Newstart or Austudy, you can arrange for instalments to be deducted from your payment through 'Centrepay' and you do not have to wait. This is called voluntary enforcement. If you contact Revenue NSW and arrange payment by instalments before the due date on the penalty reminder notice, you will not be charged the enforcement fee of $65.00 (as at July 2017).

For more information, see Paying the fine.

It may be useful to talk to a free financial counsellor about your financial situation. For more information, go to Financial Counsellors Association NSW website.

4. I have received an overdue fine from Revenue NSW. It says that I have failed to pay the penalty notice and penalty reminder notice but I never received either.​​ I want to challenge the fine. What can I do?

If you can show that you did not know that the penalty notice had been issued until you received the overdue fine, you may be able to have the overdue fine​ cancelled (annulled) by making an annulment application. The fee for making this application is $50.00 (as at July 2015).

  Revenue NSW may send private debt collection companies to visit the homes of some people who have overdue fines from unpaid fines.  If you receive a visit from a debt collector, you should get legal advice.

For more information, see Responding to an overdue fine.

5. I have thousands of dollars in ​​unpaid fines and I can't afford to pay them. What can I do?

If you have multiple fines that you cannot pay, you may be able to apply for:

  • permission to pay your fines by instalments
  • a Work and Development Order (WDO), which would allow you to participate in an approved activity and work off your fine instead of paying the fine, or
  • a write-off of the fine, because of your financial, medical or personal circumstances.

 Revenue NSW may send private debt collection companies to visit the homes of some people who have overdue fines from unpaid fines.  If you receive a visit from a debt collector, you should get legal advice.

For more information about paying your fines by instalments, see Paying the fine.

For more information about WDOs and getting your fines written off, see Multiple fines.

It may be useful to talk to a free financial counsellor about your financial situation. For more information, go to the Financial Counsellors Association NSW website.

6. I run a company and I have a number of drivers​​ who drive cars belonging to the company. The company received a fine for one of the cars going through a red light. The fine is in the company's name but I know who was driving at the time. What should I do?

If you receive a fine in your company's name, you need to fill in and return to Revenue NSW a statutory declaration nominating the driver. The statutory declaration must be signed in front of, and witnessed by, a Justice of the Peace (JP) or a solicitor. You can get a statutory declaration from Revenue NSW website. You do not need the driver of the vehicle to sign the statutory declaration.

If you do not nominate the driver of the vehicle by the due date of the penalty reminder notice, your company may be fined. The fine for failing to nominate a driver can be substantial.

For more information, see Naming the person responsible.

If you do not know who the driver of the car was, you should get legal advice.

7. I am a student from overseas. Last week I got a parking fine.​​ I am leaving Australia next month. Do I still have to pay my fine?

Yes. An unpaid fine will not go away. Once an overdue fine is made, Revenue NSW can enforce it any time, even if it is for an offence that you committed many years ago. Revenue NSW may suspend your Australian driver's licence, cancel the registration of any vehicles you own in Australia, take money from (garnish) your Australian bank account, take property you have in Australia or put a charge on any land you own in Australia.

For more information, see What if I do nothing?

8. I got a fine for going through a red light camera​ and it says I will get three demerit points. If I elect to go to court will I still get the demerit points?

If you elect to go to court, whether you still get demerit points will depend on what happens at court.

If you are found not guilty, you won't get any demerit points. If you are found guilty and ordered to pay a fine, you will get the demerit points. If the court finds you guilty, but decides not to record a conviction (called a 'section 10 dismissal'), you won't get the demerit points.

For more information, see Electing to go to court.

9. If I have a fine​ in Queensland, can it be enforced in NSW?

If you have a fine in any other state or territory other than NSW, that fine can be referred (given) to Revenue NSW in NSW. If the fine remains unpaid, Revenue NSW can enforce that fine in the same way as they can enforce a fine issued in NSW.

10. What if the​ details on the fine are incorrect?

Fines do not automatically become invalid if some of the details are incorrect - it depends on what the details are and whether they are critical to whether or not you will be held legally responsible for the offence. A fine is not usually invalid because of a misspelling of a name or an incorrect date of birth.

 You should get legal advice if you want to dispute your fine because the details are incorrect.

Going to Court- FA​Qs ​

1. I received a fine for speeding.​​ I want to elect to go to court but I've lost my Penalty Notice. How can I make a court election?

You can elect to have your case heard in court by either:

  • completing an online request
  • completing a court election form, or 
  • writing to Revenue NSW.

For more information, see Electing to go to court.

2. I elected to go to court but I still haven't received​​ any court documents. When do I have to go to court?

Revenue NSW should send you a Court Attendance Notice (CAN) telling you the court, date and time that you have to attend.

If you haven't received a CAN you should contact Revenue NSW.

3. I received a Court Attendance Notice for a fine I​​ elected to take to court, but I can't go on that day. What can I do?

If you can't attend court you should contact the court and explain why. It is a good idea to send something in writing, for example, a letter, email or fax. The court may adjourn (postpone) your matter for a period of time, usually a week or two.

For more information, see Electing to go to court.

If you don't go to court, and you don't contact the court to explain why you can't attend, the court may make a decision without you.

For more information, see Appeals and annulment.

If you know whether you want to plead guilty or not guilty, you may be able to tell the court in writing. If you do this you may not have to attend court. If you want to send the court a written notice of pleading you must do so at least 7 days before your court date.

For more information, see Pleading guilty in writing or Pleading not guilty in writing.

4. I elected to go to court for a fine I received when​ I was on holidays in Coffs Harbour. I have received a Court Attendance Notice telling me I have to attend Coffs Harbour Local Court. I live in Wagga Wagga. I can't take time off work to drive back to Coffs Harbour for court. What can I do?

If you are pleading guilty, you can contact the court and ask for your case to be transferred to a court closer to you. You should send your request in writing by fax or email to the court.

If you are pleading not guilty, courts will usually not be able to transfer your case to another court. This is because the case needs to stay where the offence took place so that witnesses, for example, the police, can attend the
hearing.

If you know whether you want to plead guilty or not guilty, you may be able to tell the court in writing. If you do this you may not have to attend court. If you want to send the court a written notice of pleading you must do so at least 7 days before your court date.

For more information, see Pleading guilty in writing or Pleading not guilty in writing.

5. I sent the court a Written Notice of Pleading​​ saying that I wanted to plead guilty and I have received a letter saying that I have to go to court. Why?

The court can reject your written notice of pleading for many reasons such as:

  • you sent it too late. It must be lodged with the court at least seven days before your court date
  • the explanation you have given shows that you disagree with the prosecution facts, or 
  • the court does not want to decide the case without you being there.

The court may adjourn the case and you will have to go to court on another date. If you do not go to court on the new date, the case may be heard without you or a warrant may be issued for your arrest.

For more information, see Pleading guilty in writing.

6. I was sick and could not get to court for the mention of my case​. I have received a letter saying that I was fined $1,000.00 in my absence. I wanted an adjournment. What can I do now?

If you can't attend court you should contact the court and explain why. It is a good idea to send something in writing, for example, a letter, email  or fax. If you are sick you should also send a medical certificate that states that you are not fit to attend court. If you do not tell the court, the magistrate may make a decision without you.

If you have missed your court date and the magistrate made a decision in your absence (without you), you may be able to apply to have the decision annulled (cancelled) and have the matter re-listed.

For more information, see After court.

7. I entered a plea of guilty and asked for a section 10​​​. The magistrate refused to give me a section 10, and gave me a fine instead. Now I'm going to get another 3 demerit points and lose my licence. What can I do?

If you are unhappy with the decision made by the magistrate you may be able to appeal the decision to the District Court. You need to go to the court registry and complete a Notice of Appeal to the District Court form, and pay a filing fee of $115.00 (as at July 2017).

Any appeal must be filed within 28 days of the decision.

For more information about appeals, see After court.

Alert Icon Before you file an appeal you should get legal advice.

8. I had an accident and was fined for negligent driving.​​ I have elected to go to court because I don't think I was negligent. There was a witness at the time of the incident but they do not want to come to court to give evidence. What can I do?

If you want to make sure that the witness comes to the hearing, you should serve (give them) a Subpoena to Give Evidence. This is a court order requiring the person to come to court. If they do not attend they will face penalties

You should arrange your subpoena as soon as possible, as there are time limits you must comply with when serving the subpoena. You have to give the subpoena to your witnesses at least 5 working days before the hearing.

For more information, see Preparing for the hearing - Step by step guide.

9. I have elected to go to court. I am still deciding how​​ I should plead, but I have been told to take character references to court. What are these and how many do I need?

A character reference is a letter written by a person who knows you and who can write about your good character.

The magistrate can take character references into account when they are sentencing you for an offence. This may happen because you pleaded guilty, or the court decided you were guilty after a hearing.

There is no set number of character references that you should bring to court, but it may help to bring two or three.

For more information, see Instructions for preparing a character reference.

10. I have entered​ a plea of not guilty and have been given a hearing date. What will happen at the hearing?

At the hearing, the prosecution will present their case first. This means they will call their witnesses and ask them questions. You can then 'cross-examine' them and ask further questions. After the prosecution has presented their case, you can present your case. You can decide whether or not you want to give evidence and whether you have witnesses you want to call to give evidence. If you or your witnesses give evidence, they will be cross-examined by the prosecutor.

After all the evidence is heard, the magistrate will make a decision. If you are successful, the case against you will be dismissed. If you are unsuccessful, you will be sentenced for the offence.

For more information, see Presenting your case at the hearing - Step by step guide and Arguing your case.

11. I pleaded not guilty, but now I​​ want to change my plea to guilty. Is it possible to change a plea?

If you entered a plea of not guilty at the mention or in writing, you can change your plea to guilty before the hearing. If you change your plea on the day of the hearing you may be ordered to pay the costs of the prosecution attending the hearing. If you want to try and avoid those costs, you can file an Application to Vacate a Hearing Date. For a copy of the application form, go to the Local Courts website.

Alert Icon Before you apply to vacate a hearing date, you should get legal advice.

If you entered a plea of guilty, you would need to have special circumstances to change your plea to not guilty. If you want to do this you should get legal advice.

12. If I win my case, or the case is withdrawn by the prosecution, can I ask the court to order the prosecution to pay my costs?

Sometimes when you win a fines case you can ask the court to pay your costs. Costs can include:

  • some or all of the fees you paid to a lawyer
  • costs you paid to witnesses to attend court
  • any expenses you had to run your case.

You will not be able to claim costs for the time you spent representing yourself, or for lost wages.

It can be very difficult to get the prosecution to pay your costs. The court will usually only make a costs order against the police or other public prosecutor, like a local council or Roads and Maritime Services (RMS) where:

  • the investigation into the offence was conducted in an unreasonable or improper manner
  • there was no reasonable cause for the case to be started
  • the prosecution didn't investigate a matter which suggested the accused person might not be guilty.

After Court- FA​​Qs ​

1. I received a letter saying that my case was heard​​ and I have been convicted and fined $500.00. I was sick on the day I was supposed to go to court and couldn't make it there. Is there anything I can do?

Yes. It is possible to file an Annulment Application with the Local Court that heard your original case, to have the decision cancelled. When you make an Annulment Application, the matter will be listed before a magistrate and you will need to show that you had a good reason for missing court. If you are successful the case will be re-listed.

For more information, see After court and Making an Annulment Application - Step by step guide.

Alert Icon In most cases, you have two years after the date of the court's decision to make an Annulment Application.

2. I was convicted in the Local Court for speeding and​ I received a letter saying that I have to pay a fine, a court costs levy and a victims support levy. The magistrate didn't say anything about the victims support levy in court. What is it and do I have to pay it?

You must pay the victims support levy. Any person who is found guilty or pleads guilty to an offence in NSW must pay the levy except where the offence is:

  • parking
  • offensive language
  • travelling on public transport without paying the fare or without a ticket
  • engaging in offensive conduct or
  • you are given a s10(1) dismissal under the Crimes (Sentencing and Procedure) Act.

For more information, see Costs in fine cases and Paying the court fine.

3. I was convicted and fined $600.00 plus a court costs levy​​. I was told I have to pay the total amount within 28 days. I can't afford to pay the whole amount. Can I pay by instalments?

Yes. You can ask the court registry for more time to pay your fine. You will need to complete an Application for Time to Pay a Court Fine. The form is available online or from the court registry.

For more information, see Paying the court fine.

4. I entered a plea of guilty with an explanation​​ and asked the court to show leniency. I was fined $1000.00 and disqualified for three months. I think this is too harsh. Is there anything I can do?

Yes. If you believe the decision was too harsh it is possible to appeal the decision to the District Court. You must file your appeal within 28 days of the decision. Before filing an appeal you should get legal advice.

For more information, see Appeals and annulments.

Alert Icon If you want to appeal the decision of a magistrate of the Local Court, you must file your appeal within 28 days of the court's decision. If it is more than 28 days but less than three months after the decision, the court may grant you leave to appeal.

5. I missed court because I was sick. I later found out​ that I was fined and my licence was disqualified. I made an Annulment Application. Am I allowed to drive until the court date?

You should not drive. When you file an Annulment Application, your licence will still remain disqualified.

If you go to court and your application is successful, meaning the magistrate cancels (annuls) the original decision, your case will be re-heard. This might happen on the same day or a different day. If your case is listed for another date it is possible to ask the magistrate to make orders postponing (staying) the disqualification until your case is heard. Before driving you should check with the court what orders have been made and with Roads and Maritime (RMS) to ensure your licence is valid.

Licence Suspensions- FAQs​

1. I'm on green p-plates and I've got more than ​​seven demerit points.​​ I just received a Notice of Suspension from RMS saying that my licence will be suspended for three months starting next month. Is there anything I can do to keep my licence?

Yes. If you hold a learner licence or provisional licence and it is suspended because you get too many demerit points, it is possible to appeal to the Local Court against that suspension. It will help your case if you can show the court that you are of good character, have a good driving record and that you need your licence for family or work reasons and you would face problems (suffer hardship) without your licence.

For more information, see Appealing the suspension - Step by step guide.

You must file your appeal within 28 days of receiving the Notice of Suspension. If you do not file your appeal within 28 days, even if the court accepts your application, the magistrate will not be able to hear your case.

2. I was stopped by the police for doing 146km/h​ in a 100km/h zone. My licence was suspended on the spot. I need my licence for work. Can I get a work licence?

In New South Wales there is no such thing as a 'work licence'. However, if you have had your licence suspended for exceeding the speed limit by more than 30km/h or 45 km/h, it is possible to appeal to the Local Court against the licence suspension. It will help your case if you can show the court that you are of good character, have a good driving record and that you need your licence for family or work reasons and you would suffer hardship without your licence.

For more information, see Appealing the suspension - Step by step guide.

Alert Icon You must file your appeal within 28 days of receiving the Notice of Suspension. If you do not file your appeal within 28 days, even if the court accepts your application, the magistrate will not be able to hear your case.

3. I drive for work and my licence has been suspended​ because I have too many demerit points. Can I get a work licence?

In New South Wales there is no such thing as a 'work licence'. However, if you are a professional driver (for example you drive a taxi, bus, truck or are a courier) and you get 13 demerit points, you may be able to have the suspension of your licence withdrawn if you apply to RMS to be recognised as a professional driver.

For more information about professional driver's licences, see Demerit points - Licence suspensions.

4. I received a Notice of Suspension of Driver's Licence ​​​one month ago. My friend told me I can appeal it. Is this true?

Whether you can appeal will depend on the type of licence you have and the reason your licence was suspended. If you have a full licence and you have received 13 or more demerit points you cannot appeal the suspension. In all other situations when your licence is suspended by RMS or the police, it is possible to appeal to the Local Court to try to keep your licence. In some cases, a magistrate may cancel the suspension completely or reduce the suspension period.

Alert Icon You must file your appeal within 28 days of receiving the Notice of Suspension. If you do not file your appeal within 28 days, even if the court accepts your application, the magistrate will not be able to hear your case.

For more information, see Appealing the suspension - Step by step guide.

If you cannot appeal the suspension, you may still have a number of options.

If you have a full licence and it is suspended because you get 13 or more demerit points, it is possible to apply to RMS for a good behaviour period to apply to your licence. A good behaviour period runs for 12 months. You can continue to drive as long as you do not get two or more demerit points during the 12 month good behaviour period. If you do get two or more demerits during the good behaviour period, your licence will be suspended for twice the original suspension period.

For more information, go to 'Apply for good behaviour on a suspended licence' at the Service NSW website or contact RMS.

Alternatively, if you are a professional driver (for example you drive a taxi, bus, truck or are a courier) and you get 13 demerit points, you may be able to have the suspension of your licence withdrawn if you apply to RMS to be recognised as a professional driver.

For more information about good behaviour and professional driver's licences, see Demerit points - Licence suspensions.

Alert Icon A good behaviour election must be made before the suspension begins.

5. I have my full licence but I have lost a few points over the years for speeding. ​​I just got another fine and some more demerit points. I have worked out that I might now have more than 13 demerit points. Will I lose my licence?

If you have a full licence and you get 13 or more demerit points in a three year period, your licence will be suspended. The length of time your licence is suspended depends on how many demerit points you get.

If you get 13 to 15 demerit points your licence will be suspended for three months. If you get 16 to 19 demerit points your licence will be suspended for four months. If you get 20 or more demerit points your licence will be suspended for five months.

If you have a full licence and it is suspended because you get 13 or more demerit points, you cannot appeal to the Local Court against the suspension. However, it is possible to apply to RMS for a good behaviour period to apply to your licence. A good behaviour period runs for 12 months. You can continue to drive as long as you do not get two or more demerit points during the 12-month good behaviour period. If you do get two or more demerits during the good behaviour period, your licence will be suspended for twice the original suspension period.

For more information, go to 'Apply for good behaviour on a suspended licence' at the Service NSW website or contact R​MS​.

Alternatively, if you are a professional driver (for example you drive a taxi, bus, truck or are a courier) and you get 13 demerit points, you may be able to have the suspension of your licence withdrawn if you apply to RMS to be recognised as a professional driver.

For more information about good behaviour and professional driver's licences, see Demerit points - Licence suspensions.

6. I have been on a good behaviour licence for 10 months. I was stopped by the police the other day and fined for going through a red light. I'm going to get three demerit points and breach my good behaviour period. Is there anything I can do?

If you get more than two demerit points during your good behaviour period you will be in breach of the terms of your good behaviour licence. Your licence may be suspended for twice the original suspension period.

You will get the points either when you pay the fine or when Revenue NSW issues an overdue fine, whichever is first.

You can elect to go to court if you don't think you are guilty of the offence, and if you win you won't get any demerit points. You can also elect to go to court if you think you have an explanation for why you committed the offence. If the magistrate accepts your explanation, you might be found guilty but not convicted of the offence (known as a 'section 10 dismissal'). If you get a section 10 dismissal, you won't get any demerit points.

If you get the points and your licence is suspended, there is no right of appeal against this suspension. If you file an appeal with the court, even if the court registry accepts your application, the magistrate will have no power to hear your case. ​

Picture of woman receiving a fine from Council Ranger