What is the difference between a licence suspension and a disqualification?

A suspension is imposed by police or the licensing authority, for example for demerit points, and the licence usually comes back when it ends. A disqualification is imposed by a court or by law after a conviction; in the ACT, for example, a court disqualification cancels the licence and the driver must apply for a new one.

Can I drive while my licence appeal is pending in NSW?

For an appeal against a Transport for NSW suspension, you can generally keep driving until the appeal is heard, but check with Transport for NSW first. After an on-the-spot police suspension, the licence stays suspended unless the Local Court grants a stay, which it does only in exceptional circumstances.

Do demerit points from another state count?

In NSW, demerit points for offences committed anywhere in Australia are added to your NSW record. In Western Australia, demerit points from another jurisdiction are not recorded against a WA licence. Check the rules of the state that issued your licence.

What happens if I drive while suspended?

Driving while suspended or disqualified is a separate offence. In Victoria, it can bring a fine, imprisonment and impoundment of the vehicle, and in NSW Legal Aid warns that penalties include further disqualification, heavy fines and imprisonment.

How long do demerit points last?

Demerit points count for 3 years from the offence date in most states. In Victoria, demerit points last for 4 years from the date of the offence.

Licence Suspension & Disqualification: Appeals by State

A full (unrestricted) driver licence is suspended for 3 months when the driver reaches 12 demerit points within 3 years in most states, or 13 points in NSW, and the suspension rises to 4 or 5 months for higher totals. Learner and provisional drivers reach their limit much sooner, from 4 points in several states. In most states a full licence holder can avoid the suspension by electing a 12-month good behaviour period, but only before the suspension starts.

Act on the notice as soon as it arrives. The notice of suspension states the start date and, where it applies, the deadline to elect a good behaviour period or to appeal. A lawyer from our list of Traffic & Drink Driving Lawyers in Australia can tell you whether an appeal, a good behaviour period or a restricted licence is open to you.

What are the demerit point limits in each state?

Demerit point limits depend on the licence type and the state. The table shows the limits and suspension periods as published by each state's licensing authority, as at September 2026.

State	Full licence limit	Full licence suspension	Learner and provisional limit	Good behaviour option (full licence)
NSW	13 points in 3 years (14 for professional drivers)	3 months (13 to 15 points), 4 months (16 to 19), 5 months (20 or more)	Learner 4; P1 4; P2 7; 3-month suspension	Yes, 12 months, limit of 2 points
Victoria	12 points in 3 years	3 months, plus 1 month for every 4 points over the limit	5 points in 12 months, or 12 in 3 years	Yes, a 12-month extended demerit point period
Queensland	12 points in 3 years	3 months (12 to 15), 4 months (16 to 19), 5 months (20 or more)	Provisional and probationary 4 points in 1 year; 3-month suspension	Yes, 1-year good driving behaviour period
Western Australia	12 points in 3 years	Disqualification period stated in the excessive demerit points notice	4 or 8 points for novice drivers	Yes, 12 months; elect within 21 days of service
South Australia	12 points in 3 years	3 months (12 to 15), 4 months (16 to 19), 5 months (20 or more)	4 points in the provisional period; 6-month disqualification	Yes, 12 months; elect within 21 days
Tasmania	12 points in 3 years	3 months (12 to 15), 4 months (16 to 19), 5 months (20 or more)	4 points in 12 months	Yes, 12-month period of good behaviour
ACT	12 points in 3 years	3 months (12 to 15), 4 months (16 to 19), 5 months (20 or more)	Learner and provisional 4 points; 3-month suspension	Yes, 12 months, limit of 2 points
Northern Territory	12 points in 3 years	3 months (12 to 15), 4 months (16 to 19), 5 months (20 or more)	5 points in 12 months, or 12 in 3 years	Yes, 12-month good driving behaviour option

Double demerit points apply to some offences during holiday periods in NSW, including speeding, seatbelt, motorcycle helmet and mobile phone offences, and during long weekends and holiday seasons in Western Australia.

How does a good behaviour period work?

A good behaviour period lets a full licence holder keep driving for 12 months instead of serving a demerit point suspension. The trade-off is strict: in most states, 2 or more demerit points during the period bring a suspension of double the original length.

In NSW

An unrestricted licence holder can elect a 12-month good behaviour period through Service NSW before the suspension starts. The limit during the period is 2 points. Two or more points bring a suspension of double the original period, and the driver cannot appeal that suspension or elect another good behaviour period. Learner and provisional licence holders cannot elect one.

In Queensland

An open licence holder can choose a 1-year good driving behaviour period by the choice date on the notice. Two or more points during the period bring a suspension of double the original length. Provisional licence holders can also choose one; 2 or more points during it bring a 6-month suspension.

In Western Australia, South Australia, Tasmania, the ACT and the Northern Territory

Western Australia: the election must reach the Department within 21 days after personal service of the excessive demerit points notice, under section 51 of the Road Traffic (Authorisation to Drive) Act 2008 (WA). Late elections are not accepted.
South Australia: the election must be made within 21 days of receiving the notice under section 98BE of the Motor Vehicles Act 1959 (SA).
Tasmania: full licence holders only; the application must reach Service Tasmania before the suspension starts, and more than one point doubles the suspension.
ACT: full licence holders only; the demerit limit during the period is 2 points.
Northern Territory: apply at least 7 days before the suspension start date.

In Victoria

A Victorian driver can tell VicRoads to extend the demerit point period by 12 months instead of serving the suspension. An offence that carries demerit points during the extension brings the suspension, doubled.

Can you appeal a licence suspension?

Appeal rights depend on who imposed the suspension and on the licence type. The table summarises the main court options.

State	Main appeal or court option	Key limit
NSW	Appeal to the Local Court against police on-the-spot suspensions, speeding suspensions, low, special or novice range drink driving suspensions, drug presence suspensions and learner or provisional demerit suspensions	Police suspension: within 28 days. Transport for NSW suspension: before it starts. No appeal for an unrestricted licence demerit suspension
Victoria	Appeal to the Magistrates' Court under section 46H of the Road Safety Act 1986 (Vic)	Only where demerit points were recorded or calculated incorrectly
Queensland	Special hardship order from the Magistrates Court; restricted (work) licence from the convicting court after drink or drug driving	Special hardship order only after breaching a good driving behaviour period or a high-speed suspension (more than 40 km/h over the limit)
Western Australia	Extraordinary licence from the court after a court-imposed disqualification	Not available for a demerit point disqualification or during an immediate alcohol disqualification notice
South Australia	Appeal to the Civil Division of the Magistrates Court against provisional or probationary licence disqualification for breach of conditions	Must show severe and unusual hardship
Tasmania	Restricted licence from the Magistrates Court	Must show severe and unusual hardship; not available if eligible for a period of good behaviour
ACT	Restricted licence from the court	Application must be made before the charges are heard; not available for demerit point suspensions
Northern Territory	Appeal to the Local Court against an immediate suspension notice for drink driving	The suspension ends when the charge is finalised

Appealing a suspension in NSW

To appeal a Transport for NSW suspension for speeding or demerit points, file an Application Notice (licence appeal) at any Local Court registry and pay the filing fee. For a police suspension, file an Application Notice to the Local Court. When the appeal is against a Transport for NSW suspension, the suspension is generally stayed until the hearing. An on-the-spot police suspension stays in force unless the court orders a stay, which it does only in exceptional circumstances. At the hearing, bring evidence of your need for a licence and your driving record.

Applying for a work licence in Queensland

A driver convicted of drink or drug driving can apply to the convicting court for a restricted licence, using the form for an order directing the issue of a restricted licence under section 87 of the Transport Operations (Road Use Management) Act 1995 (Qld). The application is given to the magistrate after the finding of guilt and before the disqualification is imposed. The driver must be a fit and proper person and show that refusal would cause extreme hardship by depriving them of the means of earning a living. It is not available where the reading was 0.15 or more.

How is a court disqualification different from a suspension?

A court disqualification follows a conviction, and it is set by the court or by law. A suspension is administrative, imposed by police or the licensing authority. The difference matters for three reasons:

Appeal route. A court disqualification is usually challenged by appealing the sentence, not through a licence appeal to the licensing authority.
Getting the licence back. After a disqualification the licence is often cancelled, and the driver must apply for a new licence. In the ACT, a driver returning after a court disqualification applies for a probationary licence. In Victoria, most drivers apply to VicRoads after the disqualification ends, but those convicted of serious driving offences must apply to the court.
Minimum periods. Many drink driving disqualifications carry minimum periods the court must impose. The details are in Drink Driving Penalties in Australia.

Finding a traffic lawyer for a licence appeal

A licence appeal is heard in the Local or Magistrates Court of the state that imposed the suspension. Compare firms on our list of Traffic & Drink Driving Lawyers in Australia, or go to a city list: Traffic & Drink Driving Lawyers in Sydney, Traffic & Drink Driving Lawyers in Melbourne, Traffic & Drink Driving Lawyers in Brisbane or Traffic & Drink Driving Lawyers in Perth. For free help, see Free Legal Advice in Australia.