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A driver who has not committed any offences has zero demerit points. When you commit an offence that carries demerit points, the points are added to your record. If you incur the threshold number of demerit points within a three-year period, a licence suspension or refusal is applied.
While demerit points only count towards a suspension for a three year period, infringements are permanently recorded in the driver licence history.
The demerit point thresholds are as follows:
Demerit points reset to zero upon upgrading from a learner licence to a provisional licence. However demerit points do not reset to zero upon upgrading from a provisional licence to a full licence, or a full licence to a higher class.
Reaching or exceeding the demerit points limit results in licence suspension or refusal. The Road Transport Authority (RTA) will send you a Notice of Suspension or Refusal. The notice will specify the date the suspension or refusal is to begin. The imposition of the suspension or refusal period relies on the RTA serving a Notice.
For unrestricted licence holders, the period of suspension depends on the number of points accumulated as follows:
For both provisional categories of licence and for learner drivers, the suspension period is 3 months.
There are no licence appeals as such, but you can elect not to pay the ticket for the offence that would result in a suspension and rather take the matter to court. If the court dismisses the case because you are not guilty or if the Court deals with you under Section 17 of the Crimes (Sentencing) Act 2005 (a non-conviction order), you will not lose any points and therefore avoid a suspension of your licence.
If you elect to have a traffic offence that carries demerit points taken to court, you may be given a Section 17.
The term "Section 17" refers to Section 17 of the Crimes (Sentencing) Act 2005. It enables a court that finds you guilty of a traffic offence to discharge you without recording a conviction. Because there is no conviction, there is no criminal record and no loss of licence.
If you get a Section 17, you will not get any demerit points for that offence. For many people, this means they will not face a licence suspension.
If your licence hangs in the balance because of a driving offence, and you want to appeal, talk to one of our traffic lawyers today about your chance of getting a Section 17.
In Canberra, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.
Contact Armstrong Legal:
Canberra: (02) 6288 1100
Brisbane: (07) 3229 4448
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777