Posted by trafficlawyersblog on October 7, 2021

Breaking traffic rules is considered a serious criminal offence in Australia. In different Australian states, demerit points form a significant part of the penalties whenever a traffic offence takes place. One common example may be demerit points for speeding incurred when a driver exceeds the speed limit. High demerit points can lead to serious consequences, which may include driving disqualification. This blog discusses all the essential factors you should know about licence disqualification on demerit points.

What Are Demerit Points?

Whenever a driver commits a punishable traffic offence, the state police or an authorised officer issues a traffic infringement notice, subsequently, demerit points are incurred, which form a major part of a charge against the offender.

  • Depending on the offence type, the allocated demerit points can vary from 1 to 7. However, during holiday seasons and long weekends, these points for some offences may be doubled.
  • Demerit points usually expire within three years from the date when the offence is committed unless the offender accrues 12 or more points. For a novice driver, this threshold value reduces to 4 to 8.
  • Whenever such excessive points are incurred, the authorities issue an Excessive Demerit Points Notice.
  • In Western Australia, demerit points for road offences are recorded within 48 hours of the traffic rule violation or the Final Demand for Payment payment.
  • Usually, whenever demerit points are accrued, the charged driver needs to pay the infringement. But in Western Australia, demerit points are not recorded against the driving licence.

Checking Demerit Points

Do you want to know how to check demerit points? You can check it online. In Western Australia, only a driver holding the driver’s licence issued by the state government can only check demerit points history, which includes

  • infringement details,
  • demerit point penalties,
  • demerit points notice given, and
  • expiry dates of demerit points.

The Maximum Penalty For Demerit Point Disqualification

Based on the date of the offence being committed, the 3 years is calculated. The driving disqualification period varies according to the points. Here we give the information on South Australian legislation.

  • You cannot drive for 3 months if your demerit points are 12 to 15.
  • Driving will be suspended for 4 months if you score 16 to 20 points.
  • With more than 20 points, you cannot drive your car for 5 months.

Demerit points also depend on whether the offence is committed in a particular state or interstate.

When Can You Lose Your Licence?

  • If your driving is disqualified because of accumulated demerit points, the disqualification period starts about 28 days after the offender gets a formal notice. However, you should formally acknowledge that you have received the notice within this period.
  • If you are already in the disqualification period and achieved new demerit points, the new disqualification will come into effect immediately after the current one ends.

Good Behaviour Period Election (GBP)

If you have a full licence, have incurred demerit points of 12 or more, and have served with an Excessive Demerit Points Notice, you can choose a good behaviour period. It is a 12-month bond that helps a driver continue driving despite serving a disqualification period.

Two things to remember regarding the GBP are as follows.

  • While serving a GBP, you should not incur more than one demerit point or commit a crime so that the court has nothing to do but impose an order of disqualification.
  • Still, if such a thing happens, it will be termed as a breach of GBP conditions, and you will need to serve another disqualification period.

Hiring one of the best traffic lawyers can help you make your GBP.

When Does The Disqualification Due To The Breach Of A Behaviour Period Election Occur?

  • The period of double disqualification is usually commenced immediately after the notice is served.
  • If there is already a disqualification period existing, the double disqualification is commenced just after the current period ends.
  • If you are in an existing good behaviour period, the double disqualification will come into effect when the current GBP terminates.

How To Make A GBP Election

The following eligibility criteria must be met if you want to make a Good Behaviour Period election.

  • Before lodging the election, you should have served with an EDPN.
  • Your driving licence should be valid.
  • Within 21 days of completion of your EDPN service, you should submit the filled-in election form.

Conclusion

Legal procedures can be complicated if you do not have enough law knowledge. That is why having an experienced traffic lawyer can be an excellent option to avoid harsh punishments. You can contact Traffic Lawyers Perth WA for references.