Traffic laws are an essential part of maintaining safety on the roads, and one of the mechanisms used to enforce compliance is the demerit points system. This system is designed to encourage responsible driving behaviour by assigning penalty points for various traffic offences. However, during certain holiday periods and long weekends, many states in Australia implement a double demerit points system, aiming to further deter certain types of driving.
The recent news that the Queensland Government has incorrectly applied double demerit points to certain people prompted us to write an article about double demerit points
In this article, we will provide a comprehensive overview of how double demerit points work in Queensland and look at the situation in each state of Australia.
What are demerit points in Australia?
Demerit points are a system used by Australian authorities to discourage unsafe driving behaviour. They serve as a penalty for various traffic offences and are recorded against the driver's licence. When a driver accumulates a certain number of demerit points within a specified period, they may face penalties such as fines, licence suspension, or even disqualification from driving.
Here's how the demerit points system typically works:
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Offences and Points: Different traffic offences carry different demerit point penalties. For instance, speeding might result in a certain number of points, while running a red light may incur a different set of points.
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Accumulation Period: Demerit points are usually recorded over a specific period, often three years. This means that points accrued for an offence will stay on a driver's record for that duration.
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Thresholds: Each state and territory in Australia has its own threshold for demerit points. Once a driver accumulates a certain number of points within the defined period, penalties may be imposed.
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Penalties: Penalties for exceeding demerit point thresholds can include fines, licence suspension, mandatory attendance at driving education programs, or even licence disqualification.
It's important to note that the specific rules and regulations regarding demerit points can vary slightly between states and territories. Therefore, it's crucial for drivers to be aware of the laws that apply in their particular region.
How many demerit points do you have to use in Queensland?
First its important to understand you don’t start with a set number of demerit points that you can use. Its better to think of each offence potentially getting you to a certain demerit point limit.
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For open licence holders you have 12 demerit points
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For learner drivers, P platers or foreign drivers, you have a maximum of 4 demerit points
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If you are on a good driving behaviour period you have a maximum of 1 demerit points
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If you are on a special hardship licence you have zero demerit points
What happens if I exceed the limit of demerit points in Queensland?
You can choose to lose your licence for 3 months or go on a good behaviour point for 12 months. If you exceed 1 demerit point on a good driving behaviour period you might be able to apply for a special hardship licence in Queensland.
Where can I find how many demerit points an offence in Queensland has?
Not every traffic offence attracts demerit points. For example drug driving or drink driving actually don’t have any demerit points.
For a full list of demerit point offences in Queensland go to the TMR website by clicking here
How do I find out how many demerit points I have incurred in Queensland
You can go on the TMR website or click below to be taken to the TMR website to check your demerit points.
What is the law about double demerit points in Australia?
New South Wales
In New South Wales (NSW), double demerit points are enforced during key holiday periods, such as Christmas, New Year, Easter, and long weekends. The system applies to all driving offences, including speeding, seat belt violations, and mobile phone use while driving. For example, if you are caught speeding during a double demerit period, you will receive twice the usual demerit points.
Victoria
Victoria also employs a double demerit points system during holiday periods. Similar to NSW, this applies to all traffic offences. It's worth noting that Victoria is known for its strict enforcement of traffic laws, so it's crucial for drivers to be extra vigilant during double demerit periods.
Western Australia
Western Australia has a comprehensive double demerit points system in place. It applies to a wide range of traffic offences, including speeding, seat belt offences, and driving under the influence of alcohol or drugs. Double demerit points are enforced during holiday periods, including Christmas, New Year, Easter, and other significant events.
South Australia
South Australia also utilizes double demerit points during specific holiday periods. The system applies to offences such as speeding, seat belt violations, and mobile phone use while driving. Like many other states, the goal is to encourage safer driving practices during times when there may be a higher volume of traffic on the roads.
Tasmania
In Tasmania, double demerit points are primarily associated with speeding offences. They are applied during holiday periods and long weekends to deter drivers from exceeding speed limits.
Australian Capital Territory (ACT)
The ACT employs a double demerit points system during designated holiday periods. Similar to other states, it covers a wide range of traffic offences, including speeding, seat belt violations, and mobile phone use while driving. The aim is to promote safer driving habits during times when there may be increased road activity.
Northern Territory
The Northern Territory does not have a double demerit points system in place.
What is the law about double demerit points in Queensland?
Queensland adopts a slightly different approach to double demerit points. Instead of applying them just during holiday periods, they are implemented for specific offences such as speeding, seat belt offences, and illegal use of mobile phones over the whole year.
Double demerit points are applied for certain second or subsequent offences committed within 1 year of the previous offence.
This includes:
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offences for speeding more than 20km/h over the speed limit
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mobile phone offences
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driver seatbelt offences
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motorcycle helmet offences.
You don’t have to commit the same offence a second or subsequent time to receive double demerit points—the offence only needs to be within the same offence group.
Lets look at some examples:
Example 1
Bob holds an open Queensland licence. While driving home from work Bob goes through a camera that catches him using his mobile phone while holding it. He will receive an infringement notice and 4 demerit points.
9 months later Bob is pulled over by the police and found to have had made a call while driving with his phone on his lap. Police give Bob an infringement notice and 4 demerit points.
As Bob has committed 2 mobile phone offence inside of 12 months, he will receive an additional 4 demerit points. That is 12 demerit points in total.
Example 2
Lucy receives a fine for driving 65 km/h in a 40 zone. As a result Lucy incurs 4 demerit points.
7 months later Lucy goes through a speed camera and is clocked at 113 km/h while the speed limit was 80 km/h she receives a speed camera fine and 6 demerit points.
As Lucy has had 2 speeding offences over 20 km/h within 12 months she receives an additional 6 demerit points. As a result lucy has now incurred 14 demerit points and must make a choice between losing her licence or going on a good driving behaviour period for 12 months.
Summary
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Application Period: Double demerit points in Queensland are enforced during the whole year and not just specific holiday periods like in many other states
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Offences Covered: Double demerit points apply to specific traffic offences, including speeding, seat belt violations, and illegal use of mobile phones.
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Point Multiplier: Double demerit points apply to 2 offences in certain offence groups incurred withing 1 year. For example, if you are caught using a mobile while driving 2 times within a year, you will receive twice the usual penalty points for the second offence.
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Lose of Licence: If you exceed the demerit point limit you must elect to lose your licence for 3 months or go on a good driving behaviour period for 1 year. If you exceed 1 demerit point on a good driving behaviour period you might be able to apply for a special hardship licence.
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Official Source: For detailed and up-to-date information on double demerit points in Queensland, it's advisable to refer to the official website of the Queensland Government's Department of Transport and Main Roads: Queensland Government - Double Demerit Points
How do I get more help or engage you to act for me?
We cannot answer questions about specific demerit point offences nor about challenging a fine or infringement notice but can provide advice to people needing to apply for a special hardship licence because they have exceeded their demerit points or driven more than 40 km/h over the speed limit.
We have been operating since 2010 and undertaken over 1,000 successful special hardship licence applications throughout South East Queensland.
If you want to engage us or just need further information or advice then you can either;
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Use our contact form and we will contact you by email or phone at a time that suits you
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Call us on 1300 952 255 seven days a week, 7am to 7pm
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Email This email address is being protected from spambots. You need JavaScript enabled to view it.
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Click here to select a time for us to call you back
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Visit our main website page
We cover all courts in South East Queensland from the Gold Coast to Brisbane and up to Hervey Bay and out to Toowoomba. We have 7 offices in South East Queensland to assist people. We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about special hardships. You will not be chased or hounded to engage us. Remember its critical you get advice before going to court, failing to get a special hardship licence or one that is too restrictive will have an impact on you, your family and your employment or business.
Need more information?
We have a range of articles on Special Hardship Orders and other traffic offences on our blog. Some of the most recent have included:
This article general information only and not legal advice and is written subject to our disclaimer that can be read by clicking here. We cannot provide advice on fighting a ticket or about how demerit points apply for specific offences.
