Demerit points Victoria PDF - Traffic Law - Go To Court Lawyers

1. Demerit Points Vic gotocourt.com.au Get a Good Lawyer. Fast. Phone: 1300 636 846 Website: gotocourt.com.au Email:solicitors@gotocourt.com.au

2. TRAFFIC LAW TRAFFIC LAW If you accrue too many demerit points in VICTORIA, your licence may be suspended, or you may be disqualified from obtaining a licence. gotocourt.com.au Get a Good Lawyer. Fast. Phone: 1300 636 846Website: gotocourt.com.au Email:solicitors@gotocourt.com.au

3. TRAFFIC LAW Demerit Points in Victoria If you are guilty of a driving offence in Victoria, you may get one or more demerit points recorded against your driver’s licence or permit. All demerit points are incurred as at the date of the offence, not the date of the conviction or payment of the fine. When you get too many demerit points your licence may be suspended, or you may be disqualified from obtaining a licence in the future. What are demerit points? The law that covers demerit points in Victoria is the Road Safety Act 1986 and the Road Safety (Drivers) Regulations 2009. The purpose of demerit points is to encourage drivers to be careful when behind the wheel and to prevent poor behaviour. In Victoria, VicRoads manages the demerit points system. Their website has a list of demerit point offences and the points applied to each. If you are driving in Victoria and you have an interstate licence, then your home state’s driving authority will record the same demerit points on your licence that they would have if the offence had happened in your home state. The points are also recorded against you in Victoria. Likewise, if you are driving interstate on a Victorian licence, points are recorded against you in that other state as well as in Victoria. Limits for demerit points in Victoria The number of demerit points you can accumulate before VicRoads suspends your licence depends on the type of licence that you hold. • Full licence-holders may accumulate up to: • 11 demerit points within any 3 year period. • Learner or P-plate drivers can accrue up to: • 4 demerit points within any 12 month period, or • up to 11 points within any 3 year period. gotocourt.com.au Get a Good Lawyer. Fast. Phone: 1300 636 846Website: gotocourt.com.au Email:solicitors@gotocourt.com.au

4. TRAFFIC LAW If you exceed the demerit points, VicRoads will send you a notice advising that you may lose your licence. If you don’t respond within 21 days, your licence will be suspended from the date stated on the demerit point notice. The suspensions are: • Full licence holders: • 3 months for the first 12 demerit points, and • 1 month for every additional 4 points. • Learner or P-plate drivers: • 3 months for the first 5 points over 12 months, or • 3 months for the first 12 points over 3 years, and • 1 month for every additional 4 points. Demerit point suspension and elections If you lose your licence you cannot drive at all during the suspension. There are serious penalties if you drive while you are suspended. You can, however, elect to drive on the condition that you incur no demerit points over the next 12 month period. If you have not made an election after 14 days, you will be sent a reminder notice. If you do choose this option and you incur demerit points in that time, your licence will be suspended for twice as long as was originally imposed. Note that: • When you have received an option letter, any demerit points that have been counted towards that letter cannot be used again in a later option letter. • If you hold a P-plate licence and it is suspended due to an accumulation of demerit points, your probationary period will also be extended by the suspension period plus an additional 6 months. A demerit point suspension can’t be served while another licence suspension or cancellation penalty is in place. An extended demerit point period may be interrupted by a driving offence unrelated to demerit point accrual. In both cases, the demerit point suspension will be interrupted while the second period is served and will recommence once the second period ends. gotocourt.com.au Get a Good Lawyer. Fast. Phone: 1300 636 846Website: gotocourt.com.au Email:solicitors@gotocourt.com.au

5. TRAFFIC LAW Challenging demerit points in Victoria You may apply to have your traffic infringement reviewed, but you must do so before you receive an enforcement order, and you must have a good reason for requesting the review. Alternatively, you may elect to take your matter to the Magistrates’ Court. You must apply to the court before an enforcement order is issued and within 28 days of the issue of the infringement notice. Your licence or permit won’t have demerit points recorded against it if the magistrate finds that: • you are not guilty of the offence or • the police made some mistake about your charge. If you are convicted, the Magistrate has no power to alter or withdraw the demerit points in Victoria; that is determined by VicRoads. They may, however, reduce or increase the amount of any fine. gotocourt.com.au Get a Good Lawyer. Fast. Phone: 1300 636 846Website: gotocourt.com.au Email:solicitors@gotocourt.com.au

6. TRAFFIC LAW Challenging demerit points suspension or disqualification in Victoria If you wish to challenge a suspension or disqualification resulting from the accrual of demerit points, you must apply to the Magistrates’ Court within 28 days of the commencement of the suspension or disqualification. You can only apply if either or both of the following apply: • the demerit points have been recorded by VicRoads in a way that does not accord with the law • the number of demerit points you have accrued has been calculated incorrectly. You may not appeal on the basis of family, work, or other commitments. When you file your appeal notice you may also file an application for permission to drive until the hearing of the appeal. A Magistrate can grant this only if your appeal is likely to be successful. However, if your licence has previously been suspended or cancelled for any reason whatsoever in the 3 years before this application, the court will not grant it. You may not apply for permission to drive if you are unlicensed. If your appeal is dismissed, the court will tell you the date your licence suspension commences. Costs can be ordered against the unsuccessful party. Unlicensed and overseas drivers Drivers who are unlicensed or who are driving on an overseas licence do not have a licence which can be suspended. However, they can be disqualified from driving and from obtaining a licence for a period of at least 3 months, plus an additional month for each additional 4 points accrued. The extended demerit point period will not be offered. A disqualification notice will be sent advising the driver when the disqualification period begins. gotocourt.com.au Get a Good Lawyer. Fast. Phone: 1300 636 846Website: gotocourt.com.au Email:solicitors@gotocourt.com.au

7. TRAFFIC LAW Remember, you are NOT alone! Where you go from here depends on your own situation. Everyone has their own individual priorities and demands on their life that they need to deal with. This information guide points you in the right direction as to what options might be available to get the outcome that you need—options that many of our clients are not aware of before talking to us. Call now on 1300 636 846 7am to Midnight and speak direct with a Traffic Lawyer to get your traffic law questions answered. You can also request a callback at gotocourt.com.au/traffic-law When you call the hotline you will speak directly with a lawyer. Your conversation will be treated with the strictest of confidentiality and sensitivity. At the end of the call you will have some clarity on the steps you need to take next and how you can have the best chance at an outcome that will ensure you will attend Court armed with knowledge and support. Scan this QR code to find more details about Traffic Law: gotocourt.com.au Get a Good Lawyer. Fast. Phone: 1300 636 846Website: gotocourt.com.au Email:solicitors@gotocourt.com.au