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22 September 2022

When do double-demerit points apply to traffic offences in New South Wales?

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Double-demerit points apply to NSW traffic offences on public holiday dates, and also on days before and after them.
Australia Criminal Law

In New South Wales, double demerit points apply for periods not limited to public holiday dates but also to days before and after them.

In fact, the law states that double demerits automatically apply on a long weekend when a public holiday falls on a Thursday, Friday, Monday or Tuesday.

This means it is important to be aware that for the offences of speeding, illegally using a mobile phone, not wearing a seatbelt and rider not wearing a helmet, you can receive demerit points on your driver or rider licence for periods that fall immediately before and after public holiday dates.

This can be especially important for those on restricted licences, or who have already incurred demerit points, as a single offence can potentially lead to a driver or rider licence suspension, in addition to monetary penalties.

When do double demerit points apply?

Double demerits apply during standard holiday periods, which in New South Wales are:

The standard public holidays in NSW and provisions when they fall on a weekend are contained in section 4 of the Act, and are as follows:

  • New Year's Day

1 January. When 1 January is a Saturday or Sunday, the holiday will occur on that day and an additional holiday will occur on the following Monday.

  • Australia Day

26 January. When 26 January is a Saturday or Sunday, no public holiday will occur on that day and will instead occur on the following Monday.

  • Good Friday

On the Friday publicly observed as Good Friday.

  • Easter Saturday

On the day after Good Friday.

  • Easter Sunday

On the Sunday following Good Friday.

  • Easter Monday

On the Monday following Good Friday.

  • Anzac Day

On 25 April.

  • Queen's Birthday

On the second Monday in June.

  • Labour Day

On the first Monday in October.

  • Christmas Day

On 25 December. When 25 December is a Saturday, the holiday will occur on that day and an additional holiday will occur on the following Monday.

When 25 December is a Sunday, the holiday will occur on that day and an additional holiday will occur on the following Tuesday.

  • Boxing Day

On 26 December. When 26 December is a Saturday, the holiday will occur on that day and an additional holiday will occur on the following Monday.

When 26 December is a Sunday, the holiday will occur on that day and an additional holiday will occur on the following Tuesday.

Additional public holidays

Double demerits also apply during additional public holidays that are ordered by the state government, such as 22 September 2022 – the day of mourning for the passing of the Queen.

In fact, double demerit points apply from midnight tonight until 11.59pm on Sunday for this public holiday.

So, when do double demerits apply in New South Wales?

The upcoming dates for double demerit points in our state are:

2022 NSW Public Holiday Event 2022 NSW Double Demerit Period Dates
 National Day of Mourning for Her Majesty the Queen Thursday 22 September (midnight) until 11.59pm on Sunday 25 September
Labour Day  30 September to 3 October 2022
Christmas Day, Boxing Day and New Year's Day  23 December 2022 to 2 January 2023
Australia Day 26 January 2023
Easter 7 April 2023 to 10 April 2023
Anzac Day 25 April 2023
Queen's Birthday 12 June 2023
Christmas 25 December to 26 December 2023

Are the fines doubled as well?

No. The fine amount remains the same as on normal dates. However, these amounts themselves can be hefty and difficult for some people to pay. So, it is important to try to ensure you always drive within the speed limits.

What are the penalties for speeding in New South Wales?

The following table of penalty notices (also known as speeding tickets or speeding fines) and is current at 16 September 2022

Speeding Offences   Fine Demerit Points
CLASS A MOTOR VEHICLE (VEHICLES UP TO 4.5 TONNES EG CARS AND MOTORCYCLES)    
Exceed speed 10 km/h and under (other than a learner or provisional licence) $123 2
Exceed speed 10 km/h and under (learner or provisional licence) $123 8
Exceed speed over 10 km/h (other than a learner or provisional licence) $285 6
Exceed speed over 10 km/h (learner or provisional licence) $285 8
Exceed speed over 20 km/h $489 8
Exceed speed over 30 km/h $935 10
Exceed speed over 45 km/h $2,520 12
CLASS B MOTOR VEHICLE (VEHICLES MORE THAN 4.5 TONNES BUT LESS THAN 12 TONNES EG TRUCKS AND HEAVY VEHICLES)    
Exceed speed 10 km/h and under (other than a learner or provisional licence) $365 2
Exceed speed 10 km/h and under (learner or provisional licence) $365 8
Exceed speed over 10 km/h (other than a learner or provisional licence) $489 6
Exceed speed over 10 km/h (learner or provisional licence) $489 8
Exceed speed over 20 km/h $609 8
Exceed speed over 30 km/h $935 10
Exceed speed over 45 km/h $2,520 12
CLASS C MOTOR VEHICLE (VEHICLES MORE THAN 12 TONNES EG LARGE TRUCKS AND HEAVY VEHICLES)    
Exceed speed 10 km/h and under (other than a learner or provisional licence) $365 2
Exceed speed 10 km/h and under (learner or provisional licence) $365 8
Exceed speed over 10 km/h (other than a learner or provisional licence) $489 6
Exceed speed over 10 km/h (learner or provisional licence) $489 8
Exceed speed over 20 km/h $609 8
Exceed speed over 30 km/h $1,464 10
Exceed speed over 45 km/h $3,821 12
HEAVY VEHICLES SPECIAL SPEED LIMIT – 100 KM/H    
CLASS B MOTOR VEHICLE    
Exceed speed 10 km/h and under (other than a learner or provisional licence) $365 2
Exceed speed 10 km/h and under (learner or provisional licence) $365 8
Exceed speed over 10 km/h (other than a learner or provisional licence) $489 6
Exceed speed over 10 km/h (learner or provisional licence) $489 8
Exceed speed over 20 km/h $609 8
Exceed speed over 30 km/h $935 10
Exceed speed over 45 km/h $2,520 12
CLASS C MOTOR VEHICLE    
Exceed speed 10 km/h and under (other than a learner or provisional licence) $365 2
Exceed speed 10 km/h and under (learner or provisional licence) $365 8
Exceed speed over 10 km/h (other than a learner or provisional licence) $489 6
Exceed speed over 10 km/h (learner or provisional licence) $489 8
Exceed speed over 20 km/h $609 8
Exceed speed over 30 km/h $1,464 10
Exceed speed over 45 km/h $3,821 12
LEARNER SPECIAL SPEED LIMIT – 90 KM/H    
Learner exceed speed 10 km/h and under $123 8
Learner exceed speed over 10 km/h $285 8
Learner exceed speed over 20 km/h $489 8
Learner exceed speed over 30 km/h $935 10
Learner exceed speed over 45 km/h $2,520 12
PROVISIONAL P1 SPECIAL SPEED LIMIT – 90 KM/H    
Provisional P1 exceed speed 10 km/h and under $123 8
Provisional P1 exceed speed over 10 km/h $285 8
Provisional P1 exceed speed over 20 km/h $489 8
Provisional P1 exceed speed over 30 km/h $935 10
Provisional P1 exceed speed over 45 km/h $2,520 12
PROVISIONAL P2 SPECIAL SPEED LIMIT – 100 KM/H    
Provisional P2 exceed speed 10 km/h and under $123 8
Provisional P2 exceed speed over 10 km/h $285 8
Provisional P2 exceed speed over 20 km/h $489 8
Provisional P2 exceed speed over 30 km/h $935 10
Provisional P2 exceed speed over 45 km/h $2,520 12
PASS SCHOOL BUS AT MORE THAN 40 KM/H    
CLASS A MOTOR VEHICLE    
Pass school bus at more than 40 km/h – 10 km/h and under (other than a learner or provisional licence) $123 2
Pass school bus at more than 40 km/h – 10 km/h and under (learner or provisional licence) $123 8
Pass school bus at more than 40 km/h – over 10 km/h (other than a learner or provisional licence) $285 6
Pass school bus at more than 40 km/h – over 10 km/h (learner or provisional licence) $285 8
Pass school bus at more than 40 km/h – over 20 km/h $489 8
Pass school bus at more than 40 km/h – over 30 km/h $935 10
Pass school bus at more than 40 km/h – over 45 km/h $2,520 12
CLASS B MOTOR VEHICLE    
Pass school bus at more than 40 km/h – 10 km/h and under (other than a learner or provisional licence) $365 2

Where can I check my demerit points?

It is always a good idea to check the status of your demerit points on your licence in case you did not receive a fine in the mail.

It may also occur that a friend or family member drove your vehicle and incurred a fine in your name to dispute or you incurred a fine for a faulty camera that you may not be aware of. 

You can check your demerit points on the RMS website

How long do demerit points stay on my traffic record?

Demerit points stay on your driving record for 3 years and 4 months, after which you get your points back.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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