Disclaimer: The material in this fact sheet is intended as a general guide only. You should not act of the basis of this information in this fact sheet without first getting legal advice about your own particular situation.
This information is based on the law at December 2010.
What are demerit points and when can I get them?
Demerit points are a type of penalty imposed on your permit or licence when you commit certain traffic offences. Demerit points range from 1 to 10 points per offence. For information on demerit point offences and how many demerit points apply to each offence, see the VicRoads website. If you commit a demerit point offence, Civic Compliance will send you a penalty notice which tells you the details of the offence and the amount of the fine.
You then have the following options:
- You can pay the fine or ask Civic Compliance for extra time to pay the fine
- You can ignore/not pay the fine – it will move to the Infringements’ Court
- You can contest the fine and have your matter heard by the Magistrates’ Court
- If you suffer from mental illness, intellectual disability, substance addiction or if you were homeless when you got the fine, you may be able to make a Special Circumstances application to revoke your fines – See our “Dealing with Fines” Factsheet or contact Youthlaw for more info
When do demerit points apply?
See diagram below. Not on here yet!
How do I know how many demerit points are on my licence?
You can check demerit points on your licence by calling Vic Roads on 13 11 71.
When demerit points are applied, VicRoads will send you a letter which tells you how many demerit points you have incurred. The letter may also include an “option notice”.
What is an “option notice”?
VicRoads will send you an “option notice” if:
- You get 12 or more demerit points in any 3 year period, OR
- You get 5 or more demerit points in any 12 month period and you have a Learners permit or a Probationary licence.
You then have two options:
Option 1 – Suspend your licence/permit
You can choose to suspend your licence/permit for the time specified on the option notice. This means that you will not be able to drive a vehicle whilst your licence is suspended.
Option 2 – Keep your licence/permit
You can choose to keep your licence. But if you get any more demerit points in the next 12 months, your licence/permit will be suspended for double the time that it would have been suspended under option 1.
Getting Legal Help
If you are under 25, you can get free and confidential legal advice and information.
Phone: (03) 9611 2412 (9am-5pm, Mon-Fri)
Drop in: 2-5pm, Monday, Tuesday, Thursday and Friday at 19 King Street, Melbourne.