Changes made to the demerit point scheme in Victoria apply to all drivers as of 1 July 2015. If you have been caught short, contact Vanessa Ash for sound legal advice.
Key changes
Unlicensed drivers and overseas licence holders who get demerit points applied above the permitted level are to be disqualified from driving in Victoria, and from getting a Victoria driver’s licence or learner permit for a specific period of time. A disqualification notice will be issued and these drivers cannot elect to a 12-month extended demerit point period.
The time disqualified from driving for depends on the number of demerit points.
| Age | Demerit Point Limit | Disqualification Period |
|---|---|---|
| Under 22 years of age Same as applies for Victorian learner permit and probationary driver licence holders |
5 or more demerit points within any 12 month period OR |
3 months, plus an additional 1 month for each 4 demerit points in excess of 5 recorded on the disqualification notice |
| 12 or more demerit points within any 3 year period | 3 months, plus an additional 1 month for each 4 demerit points in excess of 12 recorded on the disqualification notice | |
| 22 years of age or older Same as applies for Victorian full licence holders |
12 or more demerit points within any 3 year period | 3 months, plus an additional 1 month for each 4 demerit points in excess of 12 recorded on the disqualification notice |
Source: VicRoads
Additional changes
Multiple demerit point notices are no longer issued for the same period. Each demerit point notice must be served in full before VicRoads issues another demerit point notice for once again exceeding the demerit point limit. If the sanction has not been served in full, demerit points remain active.
Extended demerit point periods can be interrupted, so if for example a licence is cancelled, the demerit point period is simply paused. The remainder of the demerit point period will be served as soon as the licence is reinstated.
Appeals
Unlicenced drivers and overseas licence holders are able to appeal their demerit point disqualifications at the Magistrate’s Court, along with all Victorian driver’s licence holders.
Previously if an appeal was made, the demerit point period was paused, however this is no longer the case – a separate application must be made to the court. Overseas licence holders can apply for a pause on the demerit point period while their appeal is determined, however unlicensed drivers are not allowed to apply for a stay on their disqualification.
Get sound legal advice on your traffic offences from an experienced lawyer. Contact Vanessa Ash.