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Certain driving offences incur demerit points. If you accumulate 100 or more demerit points in any two-year period, your licence can be suspended for three months.

When are demerit points given

Demerit points are given for all speeding infringements (except those recorded by speed camera), some traffic offences and for breaching licence conditions, eg a learner driver unaccompanied by a supervisor or a restricted driver carrying unauthorised passengers. 

Demerit points also apply to some alcohol-related infringements and offences, for example, points can also be allocated in conjunction with a court disqualification where the court chooses to disqualify a person for less than six months. 

How long do demerits stay on your licence

Demerit points remain active on your licence record for a period of two years from the date of the offence. However, if the court disqualifies you for a period of six months or more, any active demerit points recorded on your licence record at the time will be cancelled and will no longer contribute to your active demerit point total. 

Demerit suspension

If you accumulate 100 or more active demerit points within any two year period, your licence will be suspended for a period of three months and you will not be entitled to drive. The suspension period begins as soon as the demerit suspension notice is served on you by the Transport Agency, the police or an authorised agent of the Transport Agency.

At the end of your demerit suspension, you’ll be unlicensed and not entitled to drive until you’ve reinstated your licence. 

Find out how to get your licence back after your suspension ends

Download Factsheet 55: Driving offences and penalties [PDF, 77 KB]

Demerit point information

See below for the offences that incur demerit points, and the number of demerit points for each of those offences.

Demerit points for speed related offences (excluding speed camera offences)

General description of offenceDemerit points
Exceeding the speed limit fixed by not more than 10 km/h 10
Exceeding the speed limit by more than 10 km/h but not more than 20 km/h 20
Exceeding the speed limit by more than 20 km/h but not more than 30 km/h 35
Exceeding the speed limit by more than 30 km/h but not more than 35 km/h 40
Exceeding the speed limit by more than 35 km/h 50
Using in a motor vehicle equipment that interferes with operation of speed measuring device 25
Possessing in a motor vehicle equipment that is designed to interfere with operation of speed measuring device 25
Exceed speed for stopping distance 20
Exceed speed for stopping distance on road not marked in lanes 20

Demerit points for mobile phone related offences

General description of offenceDemerit points
Driver uses mobile phone while driving a vehicle 20

Demerit points for driver licence related offences

General description of offenceDemerit points
Drives motor vehicle contrary to the GDLS conditions of his or her driver licence (excluding the requirement to display L plates) 35
Failure to display L plate as required 25
Drives a motor vehicle contrary to the non-GDLS conditions of his or her driver licence 25
Drives in breach of conditions applying to stage 2 of accelerated licensing process 35
Drives in breach of conditions applying to stage 3 of accelerated licensing process 35

Demerit points for vehicle related offences

General description of offenceDemerit points
Operating unregistered motor vehicle by driving or using it on road in contravention of section 242(1) of the Land Transport Act 1998 20
Operating unlicensed motor vehicle by driving or using it on road in contravention of section 242(1) of the Land Transport Act 1998 15
Operating motor vehicle on road without plates affixed 20
Using trade plate when not eligible 20
Operating motor vehicle displaying plates or licence not authorised for that motor vehicle 25
Operating motor vehicle displaying object or design likely to be mistaken for plates or licence authorised for that motor vehicle 25
Operating motor vehicle with plates or licence that is wholly or partially obscured or not easily distinguishable 25
Operating motor vehicle with temporary exemption granted under regulation 20 of the Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011 20
Failure to operate a motor vehicle with an exhaust system that complies with relevant noise output standards 25
Operate vehicle that creates excessive noise 25
Create excessive noise within or on vehicle 25

Demerit points for alcohol and enforcement officer related offences

General description of offenceDemerit points
Failure or refusal to remain for evidential breath test or blood test 50
Person younger than 20 driving or attempting to drive with excessive breath alcohol or blood alcohol concentration 50

Driving or attempting to drive with breathe alcohol exceeding 250 micrograms but not exceeding 400 micrograms

50

Driving or attempting to drive with blood alcohol exceeding 50 milligrams but not exceeding 80 milligrams

50

Driving or attempting to drive with blood alcohol exceeding 50 milligrams but not exceeding 80 milligrams and failing or refusing to undergo an evidential breathe test

50
Failure or refusal to wait for the result of a breath screening test or an evidential breath test 50
Failure to stop on request or signal of an enforcement officer, or on being followed by motor vehicle displaying flashing blue, or blue and red, lights or sounding a siren 35
Failure to remain stopped for an enforcement officer 35
Driving or attempting to drive when forbidden by an enforcement officer 35
Failure or refusal to accompany an enforcement officer when so required 50
Person fails to produce zero alcohol licence 25
Holder of an interlock licence or zero alcohol licence contravenes specified breath or blood alcohol level  50

Demerit points for commercial driving related offences

General description of offenceDemerit points
Person produces logbook with 1–5 omissions 10
Person produces logbook with 6–10 omissions 20
Person produces logbook with 11 or more omissions 30
Person fails to produce logbook 35
Requirement to produce approved alternative record to an enforcement officer on demand 35
Vehicle recovery service vehicles (requirement to complete and retain tow authorities) 35
Requirement on driver or contractor working within an alternative fatigue management scheme to keep records 35
Taxi driver must not accept hire in specified area unless taxi is fitted with an in-vehicle security camera system that is operating 20
Taxi driver must not accept hire in specified area unless taxi is fitted with an in-vehicle security camera system that has an unobscured view of the interior 20

Demerit points for helmet related offences

General description of offenceDemerit points
Drive or ride all terrain vehicle, motorcycle, or moped without securely fastened approved helmet 25
Drive or ride all terrain vehicle, motorcycle, or moped with damaged, etc, safety helmet 25

Demerit points for pedestrian crossing and pedestrian zone related offences

General description of offenceDemerit points
Driver fails to give way at pedestrian crossing 35
Driver enters pedestrian crossing when passage blocked 35
Driver of vehicle fails to give way to pedestrian on shared zone 35
Fail to comply with school patrol sign 20
Passing at school crossing point or pedestrian crossing 20

Demerit points for rail related offences

General description of offenceDemerit points
Driver fails to give way to rail vehicle approaching level crossing 20
Drive etc, cycle, vehicle, or animal across level crossing when risk of collision with rail vehicle 20
Fail to comply with stop sign at level crossing 20
Fail to remain stationary at stop sign until level crossing clear 20
Driver enters controlled area of level crossing when red signal displayed 20
Driver enters controlled area of level crossing when barrier arm lowered 20

Demerit points for road rules related offences

General description of offenceDemerit points
Fail to drive as near as practicable to the left of the roadway 20
Fail to allow impeded traffic to pass 20
Unsafe passing 35
Impeding vehicle when passing 35
Passing to right of no-passing line 35
Drive in emergency stopping lane 10
Fail to comply with handheld stop sign 20
Driver fails to stop at stop sign 20
Driver fails to give way at stop sign 20
Driver fails to give way at give-way sign 20
Driver fails to give way at give-way sign controlling a one-way section of road 25
Driver of vehicle changing lanes or turning fails to give way to vehicle not changing lanes or turning 20
Driver of right-turning vehicle fails to give way to an approaching left-turning vehicle 20
Driver at intersection fails to give way to vehicle approaching from right 20
Driver on terminating road approaching or crossing a T intersection fails to give way 20
Driver fails to give way to road user on footpath when entering/exiting driveway 20
Driver fails to give way to a vehicle on roadway when exiting driveway 20
Driver entering roundabout fails to give way 20
Drive too close to vehicle in front 20
Exceed speed for stopping distance 20
Exceed speed for stopping distance on road not marked in lanes 20
Driver permits riding dangerously 20
Careless or inconsiderate use of motor vehicle 35

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