The Victorian demerit points scheme is a scheme whereby you gain (negative) points for bad behaviour, much like the opposite of the gold star system at primary school for good behaviour. Once too many points have been gained, your licence will be suspended. This is not a reward. If you lose your licence, you may need legal help getting it back, so call Vanessa Ash.
The demerit points scheme is run by VicRoads, not Victoria Police, so you can check the demerit points list for offences that result in points.
- Full licence holders can achieve no more than 11 demerit points in a three-year period
- L or P platers can’t get more than four demerit points in any 12-month period.
Once you get too many, you will receive a demerit point notice which offers you some options. You can accept a suspension or keep your licence and promise not to get any more points for the next 12 months. You must respond to VicRoads within 21 days, or they will go ahead and suspend your licence.
The suspension period is three months for the first 12 demerit points and one month for every extra four points on top of this. Demerit points are added as of the day the offence occurred, except when it comes to on-the-spot fines – in this case, demerit points are applied 28 days after.
What if I don’t have a licence or am under 22?
If you are from overseas or unlicensed, you can be disqualified from driving if you get 12 or more demerit points while driving in Victoria. For drivers aged under 22, any more than four demerit points in any 12-month period will see a disqualification.
What if I promised not to get any more points and kept my licence, but then got more demerit points?
Your licence is suspended for double the period it would have been if you had taken the original suspension.
Challenging your demerit points
You will need to challenge the offences in court, and if you are found not guilty of the offences or the police made a mistake regarding your charge, the demerit points will not be recorded against your licence.
Having legal assistance to fight your case can be extremely useful here, particularly if the loss of your licence is going to cost you more than just a joy ride. If you are found guilty, the points will be added, and the Magistrate no longer has control over the demerit points – this is the domain of VicRoads. The grounds for appeal can be found at the VicRoads website. If you need legal representation, contact Vanessa Ash.
Nominating another driver
You may be given demerit points when you weren’t actually the driver of the car in a red light or speed camera scenario. If you were not driving, you can nominate another licensed driver who then has the demerit points applied to their licence, instead of yours. This is simple to do by filling out a form, or if it makes it to court, then you can explain this to the court.
Don’t lose your licence. Call Vanessa Ash and Associates today.