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23 November 2024

Red Ps Demerit Points: NSW Traffic Offences

JS
JB Solicitors

Contributor

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This article will show you what these traffic offences are and their corresponding demerit point limits.
Australia Criminal Law

What are the traffic offences with Red Ps demerit points in New South Wales (NSW)? This article will show you what these traffic offences are and their corresponding demerit point limits.

But first, what are red Ps? Red Ps are formally known as Provisional P1 Licence. This licence is the next step after your learner licence. If the learner licence requires you to have a supervisor in order to drive a vehicle, the Provisional P1 will not.

For you to get your Provisional P1 licence, you must pass the Hazard Perception Test and the driving test. Being on a red P means that your driving privileges are limited. Red P drivers must follow these rules:

  • You must only drive cars.
  • Display red P plates clearly on the front and back of the car and on the outside.
  • You can drive only tow trailers up to 250 kilograms of unloaded weight, and you must display your red Ps on the back of the trailer.

In NSW, although your licence is only a red P licence, you can still get demerit points.

NSW Traffic Offences with Red Ps Demerit Points

The demerit points system aims to encourage safe and responsible driving. The consequence for having too many demerit points added in the recorded of Provisional P1 licence holders is to retake the Drivers Knowledge Test. Moreover, your licence might also be suspended or Transport NSW might refuse to renew. The limit for P1 licence holders is only 4 demerit points.

Here's a table for traffic offences with red Ps demerit points:


Offence
Red Ps Demerit Points Double Demerits?
Using mobile phone while driving 5 Yes
P1 class R ride motorcycle of prohibited capacity/power – 1st offence in 5 years 7
P1 class R ride motorcycle of prohibited capacity/power – 2nd/subsequent offence 7
P1 driver under 25 drive between 11pm and 5am with more than 1 passenger under 21 7
P1 driver fail to comply conditions of licence – Carry more than 1 passenger 7
P1 driver fail to comply conditions of licence – Drive prohibited vehicle 7
Not comply with P1 pillion passenger restrictions 3
Not comply P1 licence – No P plates as required (Class C) 2
Not comply P1 licence – No P plate as required – (Class R) 2
Provisional P1 Class C holder tow vehicle over 250 kg 2
Provisional P1 Class R holder tow vehicle 2
P1 driver passengers (16 years or older) not wearing seatbelts 3 Yes
P1 driver passengers (16 years or older) seatbelts not fitted 3 Yes
P1 driver with passenger under 16 not restrained as age appropriate 3 Yes

Red Ps Demerit Points for Speeding Offences

Other than the general demerit point offences above, there are also red Ps demerit points for speeding offences. Check out the table below:


Offence
Red Ps Demerit Points Double Demerits?
Exceeding Speed Limit
Class A, B, C Motor Vehicle
Exceeding speed 10 km/h and under (learner or provisional licence) 4 Yes
Exceeding speed over 10 km/h (learner or provisional licence) 4 Yes
Provisional P1 Special Speed Limit – 90 KM/H
Exceeding speed 10 km/h and under 4 Yes
Exceeding speed over 10 km/h 4 Yes
Exceeding speed over 20 km/h 4 Yes
Exceeding speed over 30 km/h 5 Yes
Exceeding speed over 45 km/h 6 Yes
Pass School Bus at More Than 40 KM/H
Class A, B, C Motor Vehicle
Pass school bus at more than 40 km/h – 10 km/h 4 Yes
Pass school bus at more than 40 km/h – over 10 km/h 4 Yes

Red Ps Demerit Points Rules

A Provisional P1 licence driver can still receive penalty points if you commit traffic violations in Australia. If you commit these violations, you can check how many demerit points are present in your record. Take note that demerit points are not the only penalty; it may also come with a fine.

As early as now, provisional licence holders must know that if they reach the demerit point limit, their P1 licence might be suspended. Moreover, the demerit point system covers all states and territories of Australia. Thus, if you commit a traffic offence in one state, the number of demerit points that the offence attracts in NSW will still apply to your driver's licence.

If Transport for NSW suspends your licence or refuses your renewal, they will:

  1. Send you a Notice of Suspension or
  2. Issue you a Notice of Refusal (if you're making an application for driver licence).

Furthermore, demerit points last perpetually. This means that they will never remove these offences and its corresponding points in your driving record. To check if you have demerit points on your licence, see the demerit point check portal.

Also, there are special days when they will apply a double demerits system. Special places such as school zones and parking offences can attract double demerits. This scheme applies to certain offences such as:

  • Speeding
  • Illegal use of mobile phones
  • Not wearing a seatbelt or incorrectly wearing a seatbelt
  • Driving with a passenger not wearing a seatbelt or approved restraint, or with a passenger incorrectly wearing a seatbelt or restraint
  • Riding without a helmet

Thus, if they catch you committing these offences on specific days and holidays, you will face double the points, but not double the fine.

Get Legal Advice from Traffic Attorneys

Did you accumulate too much demerit points? Were there additional demerit points on top of your existing ones? Traffic offences often carry heavy fines, penalties, and a possible licence suspension period. If you are facing traffic violation charges, talk to a traffic lawyer from JB Solicitors immediately.

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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