VIC Demerit Points
Every traffic offence in Victoria carries with it a penalty of demerit points which will be recorded on your licence. If you are a full licence holder and you accumulate at least 11 demerit points within a period of three years your license will be suspended for a minimum of three months.
If you hold a learner or a probationary licence and you accumulate four demerit points within one year your license will be suspended for a minimum period of three months. Four demerit points in excess of the limits earn one additional month of suspension.
The authority to suspend a licence for accumulated demerit points is given to VicRoads -- this is the government office that issues drivers’ licences in Victoria. Once a learner, probationary licence holder or full licence holder has accumulated demerit points, VicRoads will send a notice through the mail informing you that you have already accumulated demerit points that will merit you a licence suspension.
The notice will also give you the option to serve the licence suspension or else, undertake to drive responsibly for the next twelve months and not get any more demerit points. This is a good driving behaviour undertaking.
If you opt to undertake good driving behaviour for a period of twelve months and you fail to keep your record clean for the next twelve months you will have to serve a suspension that is twice as long as the original suspension. For example, if at the end of three years and you earned eleven demerit points, your licence will be suspended for three months.
If you serve the three months, then at the end of the suspension period, you will be able to drive again. But if you choose the good driving behaviour option and you fail to maintain good driving behaviour for the next twelve months, the moment you get another demerit point, instead of serving just a three month suspension, your suspension will be doubled and it will become a six month suspension.
Of course, you can always challenge the suspension order imposed upon you by VicRoads. You can go to court and challenge the suspension order by proving that VicRoads made a mistake in recording and summing up the demerit points.
You can also challenge each traffic violation you are charged with in court. If you succeed in proving that the police did not have any right to cite you with a traffic violation, you will be declared not guilty and no demerit points will be recorded upon your licence.
Common demerit point offences
No. of points
- Exceeding the speed limit by 25 km/h or more but less than 35 km/h
- Level crossing offences
- Using a mobile phone illegally while driving
- Using a visual display unit or television illegally while driving
- Driving a fatigue-regulated heavy vehicle in contravention of maximum work requirement (critical risk offence)
- Driving a fatigue-regulated heavy vehicle in contravention of minimum rest requirement (critical risk offence)
- Exceeding the speed limit by 10 km/h or more but less than 25 km/h
- Disobeying traffic lights, signs or police or authorised person directing traffic
- Failing to give way, or stop, or remain stopped
- Driving without wearing an approved helmet (motorcycle), or a properly adjusted and fastened seat belt
- Driving with an unrestrained passenger, a passenger sharing the same seat as another passenger or a passenger in or on part of the vehicle not designed for passengers or goods
- Driving on the wrong side of double lines or divided highway or painted island
- Risk colliding with exiting, boarding or waiting tram passengers
- 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
- Driving a fatigue-regulated heavy vehicle while impaired by fatigue
- Driving a fatigue-regulated heavy vehicle in contravention of maximum work requirement (severe risk offence)
- Driving a fatigue-regulated heavy vehicle in contravention of minimum rest requirement (severe risk offence)
- Driving contrary to a major defect notice
- Careless driving^
- Driving with an obscured or improperly displayed number plate
- Failure to display P plates
- Probationary driver who drives a probationary prohibited vehicle on a road
- P1 probationary driver or corresponding novice driver driving a motor vehicle with more than one peer passenger
- P1 Probationary driver previously suspended or cancelled for an offence who drives in breach of the passenger restriction required by Road Safety (Drivers) Regulations 2009 - Reg 60(2)
- Driving the wrong way on a one way service road
- Improper overtaking or passing
- Turn or stop without signalling
- Turn improperly
- Fail to keep left
- Exceed speed limit by less than 10km/h*
- Driving contrary to a minor defect notice
- Fail to dip headlights
- Driving at night or in hazardous weather conditions without headlights and tail lights on
- Follow too closely
When challenging a suspension order by VicRoads or a traffic violation citation by the police you will need the assistance and representation by a criminal lawyer.