Understanding Demerit Points and your License
Posted on March 29th, 2023
Most people believe that a drivers license has so many points and if we lose them by committing traffic offences our license is suspended. Most people also believe that there are specific periods when double demerit points are lost. Most people are wrong.
In Queensland we don’t lose demerit points, we accrue them. We all start on zero points and the aim is to remain on zero.
If you accrue more than a certain number of demerit points, within a certain timeframe, then sanctions are imposed. If you are an open license holder and accrue more than 12 demerit points in a three year period you face sanctions. If you hold a P or Learner License you can only accrue 4 points in a 12 month period before facing sanctions.
Queensland Transport may send you a warning letter if you are approaching your limit, but don’t count on this. Depending on your driving behaviour you could accrue your limit before a warning letter arrives.
Accruing too many points means you face license suspension. How long the suspension is depends on what type of license you hold, how many points you accrue, and whether you elected to take a good behaviour driving period (GBL). For example, an open license will be suspended for between 3 and 5 months depending on how many points are accrued.
When you are facing suspension, you will usually receive a letter called a Notice to Choose. You can either take the suspension or agree to comply with a GBL for 12 months where you will keep your license on condition you accrue no more than 2 demerit points. If you fail to exercise your choice your license will be suspended, it is therefore important that your address is always up to date. If you accrue points during the GBL the original suspension is doubled. There may be one final opportunity to save your license which I will discuss in a future article.
Queensland has year-round double demerit points for specific offences if repeated within a 12 month period. These include speeding more than 20km/h, .mobile phone, seat belt and motor cycle helmet offences. If in a 12 month period you commit two offences within the same category you will accrue double demerit points. You do not have to commit the same offence, just an offence in the same category. For example, you might commit two speeding offences a few weeks apart. The first accrues 6 and the second 4 demerit points. The second offence will accrue a further 4 points because it was a second speeding offence within 12 months. That means on the second occasion a total of 8 demerit points accrues.
Some offences attract license suspension either as a discretionary or mandatory part of the penalty in addition to accruing demerit points. Driving without due care and attention may require an appearance before a Magistrate who can choose to impose a license disqualification as a part of the penalty. Separate to the Court appearance this offence accrues 3 demerit points.
A high-speed offence (40km/h above the speed limit) attract a mandatory loss of license of 6 months and accrues 8 demerit points.
Navigating the demerit point system, including when you will lose your license and when other options may be available, can be tricky. If you have any concerns seek immediate legal advice as often time limits apply for when you may act.
If you are worried about how many points you may have accrued Queensland Transport offers a free demerit point checker online.