Demerit Points

What people usually say about “losing their points” in their drivers licence normally mean they have exceeded their demerit point limit. Depending on the type of licence you hold, you may have different demerit point limits and consequences for exceeding the prescribed point limit.

If you have a job that is dependent on your driver’s licence, you should be cautious when you are driving on the road. This does not only assure your personal safety, but it also prevents unnecessary injuries or damage caused to an innocent third party on the road.

How do demerit points work?

Once you are charged with a traffic offence in Australia, demerit points may be applied and recorded on your traffic history. The number of demerit points you will get varies according to the type of offence. They are recorded on your traffic history when you are charged with a traffic offence.

What is the demerit point limit for my driver licence?

The number of demerit points you can get before you receive a sanction depends on your licence type.

Type of licenceDemerit Points limit
Learner licence4 points within 1 year
Provisional licence4 points within 1 year
Open licence12 points within 3 years
Good behaviour licence2 points within 1 year

Once you exceed the demerit points that your licence type allows, your licence may be suspended or you may need to serve a good driving behaviour period.

Please note that your points remain unchanged even though you have progressed from one licence type to another.

How can I check my demerit points?

You may check the number of demerit points accumulated during the period appropriate to your drive licence type by using the free online service.

However you may not be able to use this service if:
• You have never had a driver licence
• You did not hold a valid driver licence in the past 5 years
• Your driver licence is cancelled
• Your driver licence has been transferred to another state or territory in Australia
• You are currently serving a good driving behaviour (GDB) sanction or a special hardship order

Does careless driving charge attract any demerit point?

The Queensland Transport will issue 3 demerit points for those who are convicted with careless driving offence. The demerit points are usually deemed to have been occurred at the time of the incident not the time at which the accused was convicted.

What happens if I have exceeded my demerit points limit?

If you hold a learner licence and exceed the demerit point limit within 1 year, your licence will be automatically suspended for 3 months.

If you hold a provisional licence (P1, P2 and P) and exceed the demerit point limit within 1 year, you will be issued with a document “Accumulation Demerit Points – Notice to Choose”, also known as a Notice to Choose from the Department of Transport and Main Roads. Once you have received a Notice to Choose, you may elect to serve a good driving behaviour sanction for the next 12 months or to have your licence suspended for 3 months. If you fail to respond to the notice, you will be deemed to have automatically elected to have your licence suspended.

If you hold an open licence and have exceeded the demerit points limit within 3 years, you will receive the same Notice to Choose document as holding a provisional licence.

Who is eligible to apply for a special hardship order?

If your suspension will prevent you from earning an income and subsequently place you and your family in extreme hardship, you may apply for a special hardship order. You must also be in one of the following circumstances in order to be eligible to apply for a special hardship order:

• You have accumulated 2 or more demerit points while holding a good behaviour licence, or
• Your driver’s licence was suspended due to a speeding offence of driving more than 40km/hour.

If the above are satisfied, you are then required to lodge your application and supporting evidence to the Magistrates Court in the district where you live.

What are the common offences that may result in demerit points?

The common offences that result in demerit points include but are not limited to the following examples:

• Speeding offences;
• Seatbelt offences;
• Traffic light offences;
• Using a mobile telephone or device while driving;
• Drink or drug driving offences; and
• Other miscellaneous offences

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