Demerit Point Suspensions Brisbane
Demerit points in Queensland
In Queensland, the demerit points penalty system starts on zero. Points are added on a driver’s traffic history when they’re responsible for unlawful driving behaviours.
Anywhere between 1 and 8 points are allocated, depending on the seriousness of the offence.
The Queensland Department of Transport and Main Roads website lists 25 offence categories and 250 types of traffic violations that will attract demerit points. Categories with the highest number of possible offences are Road signs and lane markings (66) and Giving way (30).
Almost 2/3 of the violations accrue 3 points. Speeding offences are considered the most serious. Driving more than 30 km/h over the speed limit but not more than 40 is 6 points and driving more than 40 km/h over the speed limit is 8 points.
Learner licence demerit point suspensions
If you’re a learner driver on a Queensland learner licence and you receive 4 or more demerit points in a 1 year period, your licence will be suspended for 3 months.
There isn’t a good driving behaviour period option for learner drivers.
Provisional licence demerit point suspensions
For provisional drivers who have a Queensland provisional or probationary licence, receiving 4 or more demerit points in a 1 year period will mean that you be sent a notice that asks you to choose between:
a) having your licence suspended for 3 months
b) being on a good driving behaviour period for 1 year
Open licence demerit point suspensions
Open licence drivers who receive 12 or more demerit points within a 3 year period will be sent a notice that asks you to choose between:
a) having your licence suspended for a requisite period
- 12 – 15 demerit points = a 3 month suspension
- 16 – 19 demerit points = a 4 month suspension
- 20 or more demerit points = a 5 month suspension
b) being on a good driving behaviour period for 1 year
There are some conditions that apply to all three types of licence:
- Changing the starting date
- You can change the starting date of your suspension or good driving behaviour period
- The date you nominate can’t be before the current date or after the starting date stipulated in the notice
- If you don’t select a starting date, the period of time for your suspension or good driving behaviour period will start from the advised date in the notice
- If you receive 2 or more demerit points for driving offences during a good driving behaviour period, your licence will be suspended for double the period outlined in your original demerit point notice
- Driving while suspended is a serious matter. If you’re found to be driving on a suspended licence, you’ll need to appear in court where you may:
- be disqualified from driving and/or
- receive a fine of more than $5,200 or 1 year in prison
Double demerit points
Unlike in other parts of Australia, double demerit points don’t only apply during holiday periods.
Drivers who commit certain offences more than once will receive double demerit points for the second and any subsequent offence in the same offence category if they’re committed within a 12 month period.
This rule may be applied even if you’re driving outside Queensland.
Type of offences that attract double demerit points include:
- Driving more than 20 km/h over the speed limit
- Using a mobile phone while driving
- Not wearing a seatbelt while driving
- Not wearing a helmet while riding a motorcycle
Contact Cullen Lawyers if you have any questions
Sometimes legal situations are complicated and we understand it can be hard to decide on the best course of action. If you find yourself in this position, please don’t hesitate to contact us. We’re always happy to help.