The short version
- Demerit point offences stay on your NSW driving record permanently. They are never removed.
- Points generally stay active for three years from the offence date, and offences older than 40 months aren’t counted toward a suspension.
- Some Heavy Vehicle National Law fatigue offences carry demerit points, as well as ordinary traffic offences.
- If you drive trucks for a living and reach exactly 13 points, you may be able to get professional driver status and a 14-point limit.
- You must apply for professional driver status in person, before your suspension starts.
In this article
- Your Licence Is Your Livelihood
- How Long Do Traffic Offences Stay on My Driving Record?
- How Long Do Demerit Points Last?
- What Are the Demerit Point Limits?
- Can Truck Drivers Get a Higher Demerit Point Limit?
- Which Offences Put a Truck Licence at Risk?
- Can Old Offences Affect a Court Case?
- How Truck Drivers Can Protect Their Licence
- When Should You Speak to a Lawyer?
- Frequently Asked Questions
- Truck Licence at Risk?
Your Licence Is Your Livelihood
First published 8 May 2026. Updated 16 October 2026 with how demerit points are really counted, professional driver status, and the heavy vehicle offences that carry demerit points.
For truck drivers in NSW, a licence isn’t just a card in your wallet. It’s how you earn a living. A few speeding fines, a mobile phone offence or a fatigue breach can quickly add up to enough demerit points for a suspension, and that can cost you shifts, contracts or your job.
This guide answers the questions truck drivers ask us most: how long offences stay on your driving record, how long demerit points last, and what you can do when your licence is at risk.
How Long Do Traffic Offences Stay on My Driving Record?
Your NSW driving record is the history of offences recorded against your licence. According to the NSW Government, demerit point offences remain on your driving record and are never removed. Old offences can still show up years later, even after the points have stopped counting.
You can order two types of driving record from Service NSW:
Uncertified record
Download it straight away online. It’s useful for checking your own history, but it can’t be used in court.
Certified record
Mailed to you, usually within 10 to 14 business days. This is the only version that can be used as evidence in court.
If you have a court case or a licence appeal coming up, order your record early so you know exactly what the magistrate will see. If something on it looks wrong, raise it with Transport for NSW (TfNSW) and get advice before your court date.
How Long Do Demerit Points Last?
This is where many drivers get caught out. There are three different time periods to understand:
3 years
Points generally stay active from the offence date
40
Months: offences older than this aren’t counted toward a suspension
Forever
How long the offence stays on your record
For a suspension, the offences must have been committed within a three-year period. Points are added to your record when you pay the fine, when Revenue NSW enforces an unpaid fine, or when a court convicts you. That can take months, so an offence from last year can suddenly push you over your limit.
What makes points inactive?
- Time: points become inactive three years after the offence date.
- A demerit point suspension: the points counted toward the suspension become inactive when the suspension starts.
- A court disqualification does not make your points inactive. They stay active and keep counting.
You can check your demerit point balance for free on the Service NSW website. You just need your licence number.
What Are the Demerit Point Limits?
Unrestricted
Demerit point limit: 13
Professional driver (if approved)
Demerit point limit: 14
Provisional P2
Demerit point limit: 7
Provisional P1 and learner
Demerit point limit: 4
Unrestricted, on a good behaviour period
Demerit point limit: 2
Reach your limit and TfNSW will send you a Notice of Suspension. Our guide to licence suspensions in NSW explains your options, including the good behaviour period and court appeals.
Close to your demerit point limit?
Get advice before you pay another fine. Some options close once a suspension starts.
Can Truck Drivers Get a Higher Demerit Point Limit?
Yes, in some cases. Professional driver status gives you one extra point, lifting your limit from 13 to 14. If you are approved, your suspension is withdrawn.
You may be eligible if you:
- are paid to drive for more than 20 hours a week, transporting goods within NSW or interstate (or drive an authorised bus, taxi or hire car)
- have held an unrestricted NSW licence for the past 6 months
- have exactly 13 demerit points
- have a Notice of Suspension that hasn’t started yet, or had a licence renewal refused for 13 points
You are not eligible if:
- driving isn’t essential to your main job, such as tradespeople, salespeople and tow truck operators
- your main work is driving machinery like graders or bulldozers
- you hold an interstate licence
- driving to and from work, or volunteer driving, makes up your hours
You can’t apply online. Go to a service centre before your suspension starts.
Take your Notice of Suspension and fill in the Professional Driver Declaration. TfNSW may contact your employer to check your job, hours and pay. Giving false information is a criminal offence.
Once approved, all 13 points stay active. Even one more point will mean an automatic suspension. And if you choose a good behaviour period instead, you can’t later apply for professional driver status if you are suspended for more demerit point offences.
Which Offences Put a Truck Licence at Risk?
Professional drivers spend far more time on the road than most people, so points can build up quickly. The most common problems we see are:
Speeding and phones
Speeding and mobile phone offences carry double demerits during holiday periods.
Work and rest hours
Severe and critical fatigue breaches under the Heavy Vehicle National Law carry 3 or 4 points.
Interstate offences
Points from offences anywhere in Australia can count toward your NSW licence.
Heavy vehicle offences with demerit points
These figures are from the National Heavy Vehicle Regulator (NHVR) penalty schedule for 1 August 2026 to 30 June 2027:
Work and rest hours breach: severe
Maximum penalty: $14,120
Demerit points: 3
Work and rest hours breach: critical
Maximum penalty: $21,170
Demerit points: 4
Driving while fatigued or unfit to drive
Maximum penalty: $28,230
Demerit points: 3
Logbook mistakes can also lead to fines and, in serious cases, an NHVR investigation. See our guide to logbook offences and work diaries.
Can Old Offences Affect a Court Case?
Yes. Even when old points no longer count toward a suspension, the offences are still on your record. Courts can consider older offences when sentencing you for a new one, and your history can matter in a licence appeal.
A long record doesn’t mean you’ll lose, but it does mean preparation matters. How your history is explained, and what you have done since, can make a real difference to the result.
How Truck Drivers Can Protect Their Licence
- Check your points regularly. It’s free on the Service NSW website, and it stops a late-recorded fine from catching you out.
- Know your limit. If you’re on 10 or more points, one bad week, or one holiday period, could tip you over.
- Keep your work diary accurate. Record work and rest as it happens, and don’t drive when you are fatigued or unfit.
- Don’t ignore a fine you think is wrong. Paying it means accepting the points. Get advice before the due date.
- Act before a suspension starts. Professional driver status, a good behaviour period and court appeals all have to be in place before the start date.
- Keep your address up to date. Suspension notices come by mail, and missing one can cost you your options.
When Should You Speak to a Lawyer?
Get advice as early as possible if you receive:
- a penalty notice that carries demerit points
- a court attendance notice
- a Notice of Suspension from TfNSW
- a notice or fine from the NHVR
- a letter asking you to nominate the driver of a vehicle
Frequently Asked Questions
Do demerit points ever come off my NSW driving record?
No. Demerit point offences stay on your driving record permanently. The points stop counting toward a suspension once they become inactive, which is generally three years after the offence date, but the offences remain on the record.
How long do demerit points last in NSW?
Points generally stay active for three years from the date of the offence. For a suspension, the offences must fall within a three-year period, and Transport for NSW doesn’t count offences older than 40 months.
Can a truck driver apply for professional driver status?
Yes, if you are paid to drive for more than 20 hours a week transporting goods, have held an unrestricted NSW licence for six months, and have exactly 13 demerit points. You must apply in person at a service centre before your suspension starts. If approved, your limit goes up to 14 points.
Do heavy vehicle fatigue offences carry demerit points?
Yes. Under the Heavy Vehicle National Law, a severe work and rest hours breach carries 3 demerit points, a critical breach carries 4, and driving while fatigued or unfit to drive carries 3.
Do interstate offences count on my NSW licence?
Yes. Demerit points can be recorded for offences anywhere in Australia, and offences committed outside NSW can count toward your NSW licence.
Truck Licence at Risk?
If you drive for a living, losing your licence can mean losing your income. Eric Navea is a lawyer for truck drivers and a former Senior Prosecutor at the NHVR. He helps drivers with traffic offences, heavy vehicle charges and licence suspensions across NSW.
Eric will look at your record, your notice and your deadlines, and tell you what options you have. With the right preparation, you may be able to keep driving or reduce the time off the road.
Received a fine, a suspension notice or a court notice? Speak with Eric before you respond.
Speak With Eric Before You RespondDisclaimer
This article is general information only, current as at 16 October 2026, and is not legal advice. Demerit point rules and penalty amounts can change, and your options depend on your own record and notice. Speak with a lawyer before you pay a fine or respond to a notice.
