ACCUMULATION OF DEMERITS POINTS

INTERSTATE AND FOREIGN LICENCE HOLDERS

If you commit a demerit point offence, you will generally be given an infringement notice for the offence.

As soon as you pay the fine or have been dealt with by a court, the number of demerit points that are set for the offence are then recorded against your traffic history.

These points are taken to have been allocated on the day the offence was committed.

If you accumulate too many demerit points, you will be sent a notice from the Department of Transport and Main Roads advising that your authority to drive on your interstate or foreign licence is withdrawn for the stated period.

The length of the suspension period will depend on the type of licence you held when the demerit point offence was committed and the number of demerit points you accumulate during the period.

DOUBLE DEMERITS POINTS

MOBILE PHONES

Double demerit points are recorded on your traffic history for second or subsequent mobile phone offences committed within one year of a previous mobile phone offence.

Double demerit points apply to the following offences:

• any driver using a hand-held mobile phone while driving

• any mobile phone use by a learner or P1 provisional licence holder under 25 years of age

• any mobile phone use by a P1 probationary or P1 restricted licence holder. The one year period starts from the date when the first offence was committed and will not

SPEEDING

If you are caught driving or riding more than 20km/h above the speed limit more than once within a one year period, you will accumulate double the amount of demerit points (based on the second offence) for the following speeding offence brackets:

• 21 - 30km/h above the speed limit - four demerit points will be doubled to eight demerit points

• 31 - 40km/h above the speed limit - six demerit points will be doubled to 12 demerit points

• 41km/h or more above the speed limit – eight demerit points will be doubled to 16 demerit points. The one year period starts from the date when the first offence was committed and will not end until one year has passed from the date of the last speeding offence.

SPECIAL HARDSHIP ORDERS

If the suspension of your licence will cause extreme hardship to you and your family (such as depriving you of the means to earn a living) you may apply for a special hardship order if:

• you accumulated two or more demerit points while on a good driving behaviour period for one year

• your licence has been suspended for six months for driving more than 40km/h over the speed limit.

You must lodge your application for a special hardship order within 21 clear days from when your provisional or open licence was suspended, and your application must be lodged in the Magistrates Court district that you reside in.

There are restrictions on who is eligible for a special hardship order.