How Long Does it Take for Demerit Points to Clear in WA?

The demerit points system is a national program in Australia that can encourage people to drive safely and responsibly. In Australia, demerit points are known as penalty points that you may receive for committing specific offences. All the riders and drivers in Australia begin their ride with zero demerit points.

If you drive safely and soundly without breaking any rules, you will not obtain penalty or demerit points in Australia. You will have to pay fines if you commit an offence while riding or driving. But the best traffic lawyers in Perth can help you if you have issues with demerit points. In this blog, you will learn about demerit points and how long it takes to clear them.

When Are Demerit Points Added to Your Record?

If you make any mistakes while riding or driving, you might have demerit points included in your records. If you perform any offence that attracts demerit points, you will also need to pay a fine for it. After reaching your demerit point limit, your license may be suspended too.

Demerit points for speeding can be acquired while driving anywhere in Australia. If you commit an offence outside of NSW, the number of demerit points that the offence can attract in NSW might still be applied to your license.

Demerit Point Limits

Your demerit threshold or limit is the number of demerit points you can collect before your license is suspended and cannot be further renewed. If this happens, you will be sent a notice of refusal or suspension. The notice might include the date your suspension starts or your refusal period begins.

The limit of your demerit points may depend on the type of license that you have:

• Professional drivers- 14 points
• Unrestricted license- 13 points
• Provisional P1 license- 4 points
• Provisional P2 license- 7 points
•  Learner license- 4 points
• Unrestricted license during the launch of a good behaviour period- 2 points.

Suspension of Your License

If your license gets suspended, it indicates that you cannot drive. It is a type of criminal offence to drive when you are suspended and can include heavy penalties in which prison sentences might apply. If you possess a provisional P2 license and you get a suspension or notice of refusal, you must stay on your P2 license for another six months.

Refusal of License

The transport system in Australia may not agree to renew your license if you have:

• Gone beyond your demerit point limit
• Committed a grave speeding offence

The period for which a license might be refused is the same compared to a license suspension. You might only receive a formal refusal after attending a service centre and either applying for a license or renewing it.

How Long Do The Demerit Points Last?

Before you opt for a demerit point check in WA, you need to start from the date of the offence. After three years, the demerit points will not be counted as active on your license; they will also not accumulate with the latest demerit points that you earn.

But all the demerit points you receive will be included in your driving record even after the three-year period. If you do not stop breaking the law, your old demerit points might be considered by the court after deciding how severe your penalty is.

The 40-Month Rule

Most of the offences, along with their demerit points, are recorded within four months of the date of an offence. An offence or its demerit points might not be recorded in that period. This can be due to appeal proceedings or other delays.

To ensure that you are not affected unfairly by an old offence, transport will not consider counting demerit points that are around three years and four months old towards any suspension. You can use specific websites to check if you have any active demerit points on your license.

Double Demerit Points

Before thinking about how long demerit points last, some driving offences have the potential to attract twice the number of demerit points during holidays. Some of these offences are as follows:

• Seatbelt offences
• Speeding offences
• Mobile phone offences
• Motorbike helmet offences.

School Zones and Demerits

There are many driving and parking offences that might attract more demerit points if you commit them under a school zone. School speed zones are operated on all school days, and that includes school development days or when teachers might be at school.

Double demerits might also apply in school zones during the time of holidays. You may lose your license if you commit an offence in an operating school zone during holidays. The greater number of demerit points that apply to the school zone can be doubled.

What Happens when You Repeatedly Exceed Your Demerit Limit?

If it is found out that your demerit points limit has exceeded repeatedly, the increased penalties can also apply to you.

Unrestricted License Holders

While people check demerit points, if you exceed demerit points limit twice in five years, you cannot drive again until:

• Pass the driver knowledge test
• Complete a driver education course like the traffic offender intervention program at your own cost. You need to ensure that a transport-approved provider delivers the program.

What is a Demerit Point Suspension?

If your license is suspended due to the specific amount of demerit points in any three years, the suspension time can depend on the points you get. It can be around three months or even up to five months. The amount of points you can get before receiving demerit point suspension will depend on how long you had your license.

New Australian drivers are not allowed to receive as many points. You are eligible to lose your license permit if you obtain four or more demerit points. If you are in the second year of the P-plates, you might lose your license if you get like eight or more demerit points.

If you possess an ordinary license, you can get a demerit point suspension if you pick up 12 or more demerit points in the last three years. When you obtain more demerit points than you are allowed, you may receive the notice of an excessive demerit point, and the suspension can start 28 days after the notice is issued to you.

If you think about when do demerit points reset? You need to know that at the end of suspension, the demerit point tally has the chance to go back to zero. This can prove to be useful for you.

How Do You Accumulate Demerit Points?

There are many ways by which you can accumulate demerit points. In NSW, there are around 200 traffic offences, not only speeding, and each has a certain level of demerit-point penalty. The points that you may receive for a certain offence may also vary. It depends on whether it was a public holiday, what license you had, and whether it was a school zone.

When you exceed the speed limit by 10km/h or less in New South Wales, it is probably going to be a demerit point. It will be four points if you are on your P or L plates. But if it is found that you are not on your LS and PS and are in a school zone, it will be three points.

How Long Does it Take for the Demerit Points to Expire?

Though considered a simple enough question, it is not, but if you live particularly in Queensland, you need to ask a government agency. If you are in possession of a learner, P1, P2 or a provisional license, you may get a license sanction notice after getting three or four demerit points in a year.

• If you have an open license and acquire 12 or more demerit point offences in a three-year period, you will receive a license sanction notice. The demerit points that are included on a sanction notice are also considered dealt with and not counted again.
• If you have received a fine and three demerit points, the points will be added to your total for three years. It will also disappear at the end of three years as long as you do not reach around 12 demerit points.
• If you hit 12 demerit points, you can receive a license sanction, and the points can disappear. This way, you can start back at zero after suffering that sanction, which can cause a three-month license suspension. In most cases, you may be offered the chance to gamble with your license by that point of time by asking for an extended demerit point period.
• At this time of the year, you will be allowed to keep driving your vehicle, but the license or learner’s permit might remain suspended for twice the length of the suspension that was offered to you. You can contact a reputable lawyer to find out how the demerit points work.
• If you have your license suspended or even cancelled for an offence or have committed a crime for a demerit point, you need to know it is created to help adapt to safer driving practices.
• It is considered a good behaviour bond, and each Australian state and territory can offer you a similar option. There may be slight differences in the details, but the main setup stays the same.
• The setup is: if you reach the maximum number of demerit points allowed, you will be given a letter that provides you with the choice between receiving a suspension or continuing your driving amid the suspension but without obtaining a demerit point for a year.
• If you are found breaking the rules within this period, then the government will increase your original suspension period. The suspension period in Victoria is known to be around three months.

Contact Traffic Lawyers Perth

Different fines and lengthy license disqualifications can lead to big traffic offences in Australia. Even if you have complex demerit point problems or are charged for different traffic offences, there might be a reason to hire Traffic Lawyers Perth. They can represent you in your case and provide you with advice.