Demerit points are penalties assigned to drivers for certain traffic offences. Accumulating too many points within a specific timeframe can lead to the suspension of your license. This guide outlines how the demerit points system works, limits for different license types, what happens if you exceed the limit, and the process for disputing traffic offences.

Demerit Points System

The demerit points system aims to encourage safe driving by penalising unlawful behaviour on the road. When a driver commits a traffic offence, demerit points are added to their driving record. These points apply to both local license holders and overseas drivers. For a comprehensive list of offences and associated points, refer to the VicRoads website.

Demerit Point Limits

The number of demerit points allowed depends on the type of license held:

1. Full License Holders: Up to 11 demerit points within a three-year period.
2. Learner and P-Plate Drivers: Up to 11 points within three years, with an additional limit of four points within any 12-month period.
3. Motorcycle Learner and Full License Holders: Limits differ—check VicRoads for details.
4. Overseas License Holders: Disqualification occurs after accumulating 12 or more points.

Drivers under 22 years of age face stricter limits, with disqualification possible after five or more points within 12 months.

Consequences of Exceeding Demerit Point Limits

If you surpass your demerit point limit, VicRoads will issue a Demerit Point Option Notice, which provides two choices:

• Accept Suspension: Stop driving for the specified suspension period.
• Extend the Demerit Point Period: Continue driving but must avoid any additional demerit points or license suspensions within the next 12 months. Failure to comply results in double the original suspension period.

If you do not respond within 21 days, your license will be automatically suspended, with a reminder sent two weeks before the suspension begins.

License Suspension Duration

• Initial Suspension: Three months for the first 12 points.
• Additional Points: One month for every additional four points.

Driving during the suspension period is illegal and can result in severe penalties, including fines, imprisonment, and vehicle impoundment.

Adding and Removing Demerit Points

• When Points Are Added: Demerit points are recorded when VicRoads is notified of an offence—this can occur after paying a fine, receiving notice from an interstate authority, or being found guilty in court. Points are applied based on the offence date, not the notification date.
• When Points Are Removed: Demerit points are removed after completing the suspension period or driving for 12 consecutive months without incurring additional points. Points expire and are removed from your record after four years.

Options for Disputing Demerit Points and Fines

1. Nominating Another Driver: If someone else was driving your vehicle, you can nominate them by applying through Fines Victoria before receiving a notice of final demand.

• Requesting a Fine Review: If you believe a fine was issued in error, you can request a review from the issuing agency. If the fine is withdrawn, the associated demerit points are removed. However, drink-driving, drug-driving, and excessive speeding offences cannot be reviewed.

• Enforcement Review: The Director of Fines Victoria may cancel enforcement, resulting in the removal of demerit points. If the offence is later prosecuted in court and you are found guilty, points will be reinstated.

Challenging a Traffic Offence in Court

Drivers may contest a traffic offence by pleading not guilty in court. If found not guilty or if an error is identified, demerit points will not be added. If found guilty, the points prescribed by law will apply. Magistrates cannot alter or remove demerit points.

Appeals

Appeals are only available if there is a counting error in your demerit points. Refer to VicRoads for more information and seek legal advice before appealing, as unsuccessful appeals may incur additional costs.

Key Legislation

1. Road Safety Act 1986: This act establishes the legal framework for road safety, covering rules, penalties, and the demerit points system to promote safe driving.
2. Road Safety (Drivers) Regulations 2019: These regulations outline the specific rules and conditions for drivers, including licensing requirements, demerit points, and driving offences.
3. Transport (Compliance and Miscellaneous) Act 1983: This act governs broader transportation regulations, ensuring compliance and setting penalties for breaches, including those related to road safety and licensing.

Resources and Support

1. VicRoads Demerit Points Information: Provides detailed information on demerit points, traffic offences, and license suspensions.
2. Fines Victoria: Assists with fine payments, enforcement reviews, and nominating other drivers.
3. Magistrates’ Court of Victoria: Handles disputes and court cases related to traffic offences.
4. Victoria Legal Aid: Offers legal advice and support for individuals dealing with traffic-related issues and license suspensions.

Conclusion

Understanding the demerit points system helps drivers make informed decisions and avoid the consequences of accumulating too many points. If you receive a traffic offence notice, consider your options carefully, whether accepting the penalty, seeking a review, or contesting the offence in court.

For expert legal advice on demerit points, traffic offences, or license suspensions, contact Pentana Stanton Lawyers. Our experienced team can help you navigate traffic laws and protect your driving privileges.

Contact us today for professional assistance.