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Demerit points
Demerit points aim to promote safe driving. You can get demerit points, of different amounts, for some traffic offences. See the VicRoads website (link below) for a list of traffic offences you can get demerit points for.
If you get 12 or more points in three years, you risk losing your licence. Learner and probationary drivers also run this risk if they get five or more points in a 12-month period, as well as 12 or more points within three years. Demerit points are calculated from the date that the offence is committed.
If an offence carries a penalty of licence suspension or cancellation, this disqualification period is in addition to the demerit points suspension.
You can appeal a demerit points suspension to the Magistrates’ Court but only if VicRoads has made an error in calculating the points. Get legal advice.
Note: if you drive through a red light while going over the speed limit and you are detected by a combined red light/speed camera, you will get points for both offences.
Option notices
You will get an ‘option notice’ from VicRoads when you get 12 or more points. The notice gives you two choices:
Option one – extend the demerit point period
You can choose to keep your licence on condition that you do not get any more points for 12 months. If you get points during the 12 months, your licence is suspended for twice as long as in option two.
Option two
If you do not choose option one, your licence is suspended for three months plus an extra month for every four points you have over 12 (for example, 16 points equals a four-month suspension).
Option notices for novice drivers
If you are a novice driver, you will get a VicRoads option notice if you get five or more demerit points within 12 months, as well as if you get 12 or more points within three years. See ‘Novice drivers’ (link below).
If you choose option one and get points during the 12-month extension period, your licence or permit is suspended for six months. This is for the first five points you get from the date of the option notice, plus an extra two months for every four points you have over five.
If you do not extend the demerit point period, your licence or learner permit is suspended for three months plus an extra month for every four points you have over five – for example, nine points equals a four-month suspension. If you get 12 or more points within three years (but not five or more within 12 months) then your licence or permit is suspended as set out under option two.
What if I did not get the notice?
You must tell VicRoads of any address changes. Documents are sent to your last known address. Make sure that you cannot be blamed for not getting them.
If the notice comes back to VicRoads with ‘return to sender’, VicRoads will hold off on suspending your licence. VicRoads will wait until the next time you renew your licence/permit. They will then send the notice to your new address. The suspension will take place from the date in this second option notice.
If VicRoads has your current address but you did not get the option notice, contact VicRoads.
If you cannot fix the situation, get legal advice.
If I take a traffic offence to court, will I still get demerit points?
If you are found guilty or convicted of a traffic offence that attracts demerit points, you will get these points. The court has no power to decide if you get points or not.
If you are eligible for a diversion program, you will still get any demerit points for those offences.
If you are found not guilty you will not get demerit points.
See ‘Going to court for traffic offences’ (link below).
When are points removed?
Points listed in an option notice are taken off once the suspension or option one period runs out. Other points usually expire after three years.
More information
Going to court for traffic offences
Related publications
Related websites
VicRoads – demerit point offences
How we can help
Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
If you have to go to court and have not been able to get legal advice beforehand, our free legal services include lawyers who are on ‘duty’ to help at many courts and tribunals.
To find out more about any of our legal services see What we do.
Who else can help?
Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website for more information and CLC contact details.