A driver who has not committed any offences has zero demerit points. For every offence that is committed, points are added. These demerit points stay on a drivers’ record for a period of 3 years.
Different categories of licence have different levels of demerit points allowed before the Roads and Maritime Services (RMS) department will suspend a driver’s licence.
The number of points a driver has is based on their license type as outlined below:
- Unrestricted licence: 12 demerit points;
- Provisional P2 licence: 7 demerit points;
- Provisional P1 licence: 4 demerit points;
- Learner licence: 4 demerit points;
- Unrestricted licence holder who has elected to go on a Good Behaviour Bond: 2 demerit points for the period of the Bond.
When you have reached or gone over the threshold of demerit points the RMS will send you a letter. The letter will advise you that you will now be suspended from holding a drivers licence and when the suspension will begin.
If you have more demerit points than your license allows due to traffic offences there is no right of appeal against your license suspension. However if you received a fine that will take you over the demerit point limit you can choose not to pay it and have the Court deal with it.
The Court can either dismiss the charge or deal with the offence by way of section 10 under the Crimes (Sentencing Procedure) Act. If the Court chooses either of these options you will not lose any further points and will avoid suspension.
If you have received a fine for an offence that will take you over the demerit point limit, or you have received a suspension notice from the RMS it is best to speak to a lawyer to see if it is possible to avoid having your licence suspended.
Please note the answers provided are for your general information only and we ask you to call our office on 02 6331 2911 to obtain detailed legal advice for your individual situation.
Alice Cheek | Criminal Law Solicitor