Demerit Points Vic
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If you accrue too many demerit points in VICTORIA,
your licence may be suspended, or you may be
disqualified from obtaining a licence.
TRAFFIC LAW
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TRAFFIC LAW
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Demerit Points in Victoria
If you are guilty of a driving offence in Victoria, you may get one or more demerit points
recorded against your driver’s licence or permit.
All demerit points are incurred as at the date of the offence, not the date of the conviction
or payment of the fine. When you get too many demerit points your licence may be
suspended, or you may be disqualified from obtaining a licence in the future.
What are demerit points?
The law that covers demerit points in Victoria is the Road Safety Act 1986 and the Road
Safety (Drivers) Regulations 2009. The purpose of demerit points is to encourage drivers
to be careful when behind the wheel and to prevent poor behaviour.
In Victoria, VicRoads manages the demerit points system. Their website has a list of
demerit point offences and the points applied to each.
If you are driving in Victoria and you have an interstate licence, then your home state’s
driving authority will record the same demerit points on your licence that they would have
if the offence had happened in your home state. The points are also recorded against
you in Victoria.
Likewise, if you are driving interstate on a Victorian licence, points are recorded against
you in that other state as well as in Victoria.
Limits for demerit points in Victoria
The number of demerit points you can accumulate before VicRoads suspends your
licence depends on the type of licence that you hold.
• Full licence-holders may accumulate up to:
• 11 demerit points within any 3 year period.
• Learner or P-plate drivers can accrue up to:
• 4 demerit points within any 12 month period, or
• up to 11 points within any 3 year period.
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If you exceed the demerit points, VicRoads will send you a notice advising that you may
lose your licence. If you don’t respond within 21 days, your licence will be suspended
from the date stated on the demerit point notice. The suspensions are:
• Full licence holders:
• 3 months for the first 12 demerit points, and
• 1 month for every additional 4 points.
• Learner or P-plate drivers:
• 3 months for the first 5 points over 12 months, or
• 3 months for the first 12 points over 3 years, and
• 1 month for every additional 4 points.
Demerit point suspension
and elections
If you lose your licence you cannot drive at all during the suspension. There are serious
penalties if you drive while you are suspended.
You can, however, elect to drive on the condition that you incur no demerit points over the
next 12 month period. If you have not made an election after 14 days, you will be sent a
reminder notice. If you do choose this option and you incur demerit points in that time,
your licence will be suspended for twice as long as was originally imposed.
Note that:
• When you have received an option letter, any demerit points that have been counted
towards that letter cannot be used again in a later option letter.
• If you hold a P-plate licence and it is suspended due to an accumulation of demerit
points, your probationary period will also be extended by the suspension period plus
an additional 6 months.
A demerit point suspension can’t be served while another licence suspension or
cancellation penalty is in place. An extended demerit point period may be interrupted
by a driving offence unrelated to demerit point accrual. In both cases, the demerit point
suspension will be interrupted while the second period is served and will recommence
once the second period ends.
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Challenging demerit points
in Victoria
You may apply to have your traffic infringement reviewed, but you must do so before
you receive an enforcement order, and you must have a good reason for requesting the
review.
Alternatively, you may elect to take your matter to the Magistrates’ Court. You must apply
to the court before an enforcement order is issued and within 28 days of the issue of the
infringement notice. Your licence or permit won’t have demerit points recorded against it
if the magistrate finds that:
• you are not guilty of the offence or
• the police made some mistake about your charge.
If you are convicted, the Magistrate has no power to alter or withdraw the demerit points
in Victoria; that is determined by VicRoads. They may, however, reduce or increase the
amount of any fine.
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TRAFFIC LAW
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Challenging demerit points suspension
or disqualification in Victoria
If you wish to challenge a suspension or disqualification resulting from the accrual
of demerit points, you must apply to the Magistrates’ Court within 28 days of the
commencement of the suspension or disqualification. You can only apply if either or
both of the following apply:
• the demerit points have been recorded by VicRoads in a way that does not accord
with the law
• the number of demerit points you have accrued has been calculated incorrectly.
You may not appeal on the basis of family, work, or other commitments.
When you file your appeal notice you may also file an application for permission to drive
until the hearing of the appeal. A Magistrate can grant this only if your appeal is likely to
be successful. However, if your licence has previously been suspended or cancelled for
any reason whatsoever in the 3 years before this application, the court will not grant it.
You may not apply for permission to drive if you are unlicensed.
If your appeal is dismissed, the court will tell you the date your licence suspension
commences. Costs can be ordered against the unsuccessful party.
Unlicensed and overseas drivers
Drivers who are unlicensed or who are driving on an overseas licence do not have a
licence which can be suspended. However, they can be disqualified from driving and
from obtaining a licence for a period of at least 3 months, plus an additional month for
each additional 4 points accrued.
The extended demerit point period will not be offered. A disqualification notice will be
sent advising the driver when the disqualification period begins.
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TRAFFIC LAW
Phone: 1300 636 846 Website: gotocourt.com.au
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