Demerit Points

What are Demerit Points?

Demerit points are a type of penalty that can be given to you when you commit a traffic offense. The points range from one to 10 depending on the traffic offence and can apply for traffic violations that are committed anywhere in Australia. When you are given demerit points they are recorded against your driver licence or learner permit. If you continue to offend your points will accumulate. If you reach a certain threshold you may lose your licence. Demerit points are valid for three years from the date the offence is made.

Demerit Points for Common Traffic Offences

Below is a list of demerit points for common traffic offences:

Demerit Point Offences	Points	Penalty Amount 2011
Drivers subject to zero Blood Alcohol Concentration (BAC) with a BAC between 0.00% and 0.05%.	10	$299
Driver subject to 0.05% BAC with a BAC between 0.05% and 0.07%.	10	$358
Driving under the influence of illicit drugs.	10	$358
Exceeding the speed limit by 45 km/hr or more. Note that certain speeding offences also result in a licence suspension.	8	$597
Exceeding the limit in a heavy vehicle by 45 km/hr or more.	8	$1,374
Exceeding the limit in a heavy vehicle by 40 km/hr or more and less than 45 km/hr.	6	$1,195
Exceeding the speed limit in a heavy vehicle by 35 km/hr or more and less than 40 km/hr.	6	$1,105
Exceeding the speed limit by 35 km/hr and less than 40 km/hr.	6	$448
Exceeding the speed limit by 25 km/hr and less than 30 km/hr.	4	$328
Fail to stop or give way at level crossing.	4	$597
Driving a fatigue-regulated heavy vehicle in contravention of maximum work requirement. This is considered a critical risk offence.	4
Driving a fatigue-regulated heavy vehicle in contravention of minimum rest requirement. This is considered a critical risk offence.	4
Exceeding the speed limit by 10 km/hr or more and less than 15 km/hr.	3	$239
Disobeying traffic lights, signs or police directing traffic.	3	$299
Failing to give way or stop.	3	$209
Failing to keep clear or give way to police vehicle or other emergency vehicle.	3	$209
Driving without wearing a helmet when on a motorcycle, or a properly adjusted and fastened seatbelt, or driving with an unrestrained passenger under 16 or any passenger under 16 sharing the same seat as another passenger.	3	$239
Risk colliding with exiting, boarding or waiting tram passengers.	3	$299
Holder of motorcycle learner permit or licence for less than 12 months riding a motorcycle that is not a learner approved motorcycle or carrying a pillion passenger.	3	$239
Driving a fatigue-regulated heavy vehicle while impaired by fatigue.	3
Driving a fatigue-regulated heavy vehicle in contravention of maximum work requirement. This is considered a severe risk offence.	3
Driving a fatigue-regulated heavy vehicle in contravention of minimum rest requirement. This is considered a severe risk offence.	3
Driving contrary to major defect notice.	3
Driving on the wrong side of double lines or a divided highway.	3	$234
Driving in the wrong direction on a one-way service road.	3	$209
Careless driving.	3	$287
Using a mobile phone illegally while driving.	3	$239
Driving with an obscured or improperly displayed number plate.	3
Failing to display 'P' plates when and as required.	3	$119
Displaying 'P' plates when not required.	3	$119
Probationary driver who drives a probationary prohibited vehicle on a road.	3	$239
P1 probationary driver driving with more than one passenger or in breach of passenger restrictions.	3	$358
P1 driver carrying more than one passenger after cancellation or suspension.	3	$358
Probationary driver who drives a probationary prohibited vehicle on a highway.	3	$239
Holder of a motor cycle learner permit driving motor cycle that is not learner approved motor cycle.	3	$239
Holder of a motor cycle learner permit carrying pillion passenger.	3	$239
Use of a vehicle where the number plate has not been affixed or displayed in accordance with regulations.	3	$119
Use or permitting the use of a heavy vehicle that is in breach of a major vehicle defect notice.	3	$597
Use or permitting the use of a vehicle other than a heavy vehicle that is in breach of a major vehicle defect notice.	3	$299
Driving in the wrong direction on a one-way service road.	3	$209
Improper overtaking or passing.	2	$239
Increasing speed when being overtaken.	2	$239
Turning or stopping without signaling.	2	$119
Turning improperly.	2	$119
Failing to keep left of an oncoming vehicle.	2	$209
Use or permitting the use of a vehicle other than a heavy vehicle that is in breach of a minor vehicle defect notice.	1	$179
Exceeding the speed limit by less than 10 km/hr.	1	$149
Exceed speed limit in a heavy vehicle by less than 10 km/hr.	1	$209
Driving contrary to a minor defect notice.	1	$179
Failing to dip headlights.	1	$179
Driving at night without headlights and tail lights on.	1	$179
Following another vehicle too closely.	1	$179

Why do Demerit Points Exist?

Demerit points exist to encourage you to be more careful when driving and change your driving behaviour if you are found to be committing traffic offences. Traffic offences put your safety and the safety of others at risk and could result in an accident or crash.

How many Points?

There are limits on the number of points you can accrue without rising losing your licence depending on the type of licence that you hold.

Type of Licence	Points Limit
Full licence	If you receive twelve or more demerit points in any three year period then you may lose your licence.
Learner, P1 and P2 lincences	If you receive five or more demerit points in any twelve month period, or twelve or more demerit points in any three year period then you may lose your learner, P1 or P2 licence.

If you receive five or more demerit points in any twelve month period, or twelve or more demerit points in any three year period then you may lose your learner, P1 or P2 licence.

If you are on a full licence and receive 12 or more demerit points you may receive a letter giving you one of two options. Losing your license or being on zero points for a period of 12 months.

If you take the option of being on zero points for 12 months then you aren't allowed to lose any points within that period. If you do you will lose your licence for double the length of time that you were originally going to lose your licence for. So you would want to be absolutely sure that you can drive carefully enough to ensure that you don't lose any points.

Appealing a Demerit Points Suspension

You may appeal to a Magistrates' Court if:

1. Demerit points have been recorded other than as required by the regulations.

2. An error has been made about the number of demerit points you incurred in the relevant period.

You must appeal within 28 days after being notified of the suspension. Your application must be made to a Magistrates' Court.

Driving while on Suspension

If you drive while your licence is suspended you will face fines of up to $3,000 or imprisonment for up to four months or both. Your vehicle insurance policy may also be invalid. The costs of driving while on a suspended licence are to ensure that you realise the severity of doing so.

The fines and charges you could face if you are caught are relatively small compared with if you actually have an accident with another vehicle, property or worse, a person. You would face huge fines, court costs and could be up for criminal charges. It is simply not worth the risk to yourself and others.

The Costs of Disobeying Traffic Rules

Losing points off your licence can become a costly experience. Particularly if you lose a few points in the course of weeks or even months. For example if you failed to give way at a crossing you can lose four points off your licence and also be fined $597. If you later on fail to stop at a red light you will lose another three points and be fined $299 giving you a total amount of close to $900 to pay to civic compliance.

Delaying Payment of Fines

If you do find you have received multiple fines or are not able to pay a fine in the time frame stated on your Infringement Notice you should call the Penalty Enquiries number shown on the infringement notice and see if you can apply for an extension of the time in which you have to pay the fine. Often you will be able to extend the period in which you have to pay the fine automatically by one month. For some fines you are able to automatically extend the due date by several months. However you must call civic compliance before the due date if you wish to apply for an extension of your payment date.

It is stated on the infringement notice that 'further costs will be incurred if no action is taken by the due date'. If you ignore the fine and don't apply for an extension to pay the fine then you will receive a notice with additional charges added to the fine and be given a new date to pay the fine and additional charges your have received. If it is a speeding fine the charges will be around $20-30.

It is advisable to call up before this occurs though so you won't incur extra costs. Particularly as you can usually get extension just by listening to the menu options and selecting the automatic extension option. If you do this you will be then given a reference number that you should take note of. You will then be sent a letter confirming of the amount and new date in which you have to pay the infringement.

Once you have been granted the full amount of automatic extensions available, if you require additional time to pay your notice you will need to call up and speak to an operator. They can usually extend the period that payment is due by another month however they may refuse this or ask you to make partial payments.

The Infringement Notice

Infringement notices for speeding fines state that you have been nominated as the driver or the person last known to have had possession or control of the vehicle at or before the time of the offence that is stated on the notice.

You must do one of the following by the due date shown:

1. Pay the fine in full.
2. Nominate the driver of the vehicle at the time of the offence.
3. Have the matter heard and determined in Court.
4. Apply to have the decision to serve the Traffic Infringement notice internally reviewed by the Enforcement Agency.

Infringement Penalty Payment Methods

Payments can be the following methods:

1. BPay.
2. Phone and internet using a credit card.
3. Presenting the notice at any Australian Post outlet.
4. Sending a cheque or money order with the payment slip to Civic Compliance.
5. Paying in person to the address stated on the notice.

The above payment methods make paying your find easy and convenient. If you do banking on the internet, you will be able to transfer the funds from your bank account using the BPay facility.

If internet banking is not something you use, you are able to call up and pay using your credit card. The credit card payment facility is an automated voice and will direct you through the payment asking for your credit card number and card expiry date. Once you have input this information it will ask for confirmation and the payment will then be processed. A receipt number will be issued to you which you should write down on your infringement notice as a reference.

You are also able to pay your fine using cash or EFTPOS at any Australia Post in Australia.

Choose the payment option that will be most convenient for you and remember to either pay your fine on time or call up civic compliance to see if you are able to arrange an extension on the due date.

Magistrates Court

If you need to face court you may need to go to the Melbourne Magistrates Court in Melbourne, Ringwood or to another designated location.

Addresses of the Magistrates Court for Melbourne and Ringwood are as follows:

Melbourne Magistrates Court Melbourne
233 William Street Melbourne VIC 3000, Australia

Melbourne Magistrates Court Ringwood
39 Ringwood St Ringwood VIC 3134, Australia

There is easy car parking in the shopping center opposite the court in Ringwood.

Demerit Point Sharing

 

Sharing demerit points is illegal. This is a video on demerit points showing that you shouldn't take points for friends or family.