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Loss of entitlement to drive - demerit points

Description
 - Minimum number of points resulting in suspension or ineligibility 
 - Varying length of suspension or ineligibility 
 - Serving Notices of Suspension or Ineligibility 
 - Period of Good Behaviour 
 - Driving interstate 
 - Speed cameras 
 - Appeals

Description
Demerit points are accumulated by a driver when:

  • a driver accepts a traffic infringement notice for a demerit points offence by paying the relevant fine;
  • a driver enters into a Payment Variation to pay the fine by instalments with the Monetary Penalties Enforcement Service:
  • the alleged offender does not pay a traffic infringment notice fine for a demerit points offence within 28 days of service of the notice;
  • a court awards demerit points.

Traffic Infringement Notices specify the:

  • offence
  • number of demerit points awarded
  • fine payable for the offence.

Demerit points can be accumulated due to offences committed either in Tasmania or on the mainland.

The Registrar of Motor Vehicles records the demerit points against the driver when the Police Department, Justice Department or interstate licensing authority advise the points have been accepted or awarded.

Depending on the number of demerit points accumulated, drivers may:

  • have their licence suspended
  • be ineligible to hold or obtain a driver licence.

A learner driver is only subject to the issue of a TIN for speeding and parking offences.  (Parking offences do not incur demerit points.) Demerit points cannot be awarded to learner drivers for any other offence without a court conviction.

Demerit points are recorded as at the date of the offence.   The demerit points are taken into consideration, for a period of three years from the date of the offence, when calculating the total number of demerit points accumulated by a driver.  After three years from the date of the offence, the demerit points are no longer taken into consideration.

If a person accumulates or exceeds specified numbers of points, two things may occur:

  • if the person holds a licence - their licence will be suspended
  • if the person does not hold a licence - they will be ineligible to hold or obtain a driver licence for a specified period of time.

Minimum number of points resulting in suspension or ineligibility
Customers may check their number of accumulated points by contacting Service Tasmania Shops.

Unlicensed driver accumulates

  • 4 or more demerit points within any 12-month period (from date of first offence)
  • 12 or more demerit points within any 3 year period

This applies to a person who:

  • has never held a licence issued in Australia, or
  • does not hold a licence but would be issued with a learner or provisional licence.

Result - Ineligible to hold or obtain a driver licence for 3 months or greater

Learner licence holder accumulates

  • 4 or more demerit points within any 12 month period or less (from date of first offence)
  • 12 or more demerit points within any three year period

Result - driver licence is suspended for 3 months or greater
Note - accumulated points will be carried over to a provisional licence.

Provisional licence holder accumulates

  • 4 or more demerit points in a 12 month period or less (from date of first offence)
  • 12 or more demerit points within any three year period

Result - driver licence suspended for 3 months or greater

If the driver licence is suspended within the first 12 months of the provisional period, then the provisional period will recommence at the end of the licence suspension and any conditions also recommence.
If suspended after completion of at least 1 full year of provisional period and no alcohol condition then provisional period extended by period of suspension and also have the no alcohol condition.

Basic (Full) licence holder accumulates

12 or more points in a 3 year period or less (from date of first offence)
Result - driver licence suspended for 3 months or greater

Period of Good Behaviour holder accumulates

More than 1 demerit point within 12 month period of good behaviour
Result - driver licence suspended for twice the initial period of suspension

Varying lengths of suspension
The length of suspension or ineligibility varies depending on the licence held and the period in which the demerit points were accumulated.

Points
in 3 years Licence suspension or
period of ineligibility
12 - 15 3 months
16 - 19 4 months
20 or more 5 months

This system applies to all drivers - including learners and provisionals who will continue to be subject to a 3 month suspension for 4 points accumulated within 12 months.

For a period of good behaviour - 2 points or more in any period - then the original period of suspension as shown in the table above is doubled.

Serving Notices of Suspension or Ineligibility
When a driver or licence holder has exceeded the number of demerit points for suspension or ineligibility, the driver will be served with a notice of suspension or ineligibility requiring the person to:

  • return the licence (if they have one) unless they are to enter into a period of good behaviour
    - in person at Service Tasmania shops or designated police stations.
  • make an application to enter into a period of good behaviour
    - through the mail or in person at Service Tasmania shops or designated police stations Tasmania shops or designated police stations.

Licence holders are permitted to drive until the earlier of:

  • the day they return their licence
  • up to 21 days from the date of service of the notice.

Customer provides

their licence (if they have one)
If returning their licence in person:

  • a receipt for the payment of the fine for their last known demerit point offence (if this is not recorded on the system)

Customer receives

  • Notice of Suspension or Ineligibility
  • receipt for the licence (if provided)

Period of Good Behaviour
A Period of Good Behaviour (12 month) can be applied for by:

  • a basic licence holder who has been served a notice of suspension or ineligibility.

A Period of Good Behaviour cannot be applied for:

  • by provisional or learner licence holders
  • or when the licence has expired for more than five years.

Accumulate more than one demerit point during the 12 month Period of Good Behaviour:

Result - the driver licence will be suspended for twice the period of original suspension.

Customer provides

complete the section on the notice of suspension or ineligibility
- in person at Service Tasmania shops or designated police stations.

Customer receives

basic licence with the condition - Period of Good Behaviour

Driving interstate
Tasmanian licence holders driving  in another State/Territory and awarded demerit points on the national schedule for offences:

Result - the Tasmanian Motor Registry will be notified and points recorded by the Registrar of Motor Vehicles.

Other State/Territory licence holders (or unlicensed drivers) driving in Tasmania and awarded demerit points on the national schedule for offences:

Result - the State/Territory licensing authority will be notified by the Registrar of Motor Vehicles.

Speed cameras
Speed camera offences committed before the service of the initial traffic infringement notice for a previous offence:

Result -  the Commissioner of Police may withdraw the points for the new offence.

Contact Traffic Liaison Unit, Liverpool Street, Hobart (03) 6230 2280.

Appeals
A court appeal may be undertaken in relation to demerit point offences.

Table of offences and demerit points
List of offences

Item, Offence,Points (in bold)
 
Top Driving contrary to minor defect notice  
1.Fail to comply with minor defect notice 1
 
Failing to dip headlights  
2.Use high-beam headlights within 200 metres of moving vehicle 1
 
3.Use/allow use of lights likely to dazzle another road user 1
 
Following too closely  
4.Follow another vehicle too closely to stop safely 1
 
5.Long vehicle driver fail to keep required distance behind another long vehicle 1
 
Driving at night without lights  
6.Drive at night or in weather reduced visibility conditions without head/tail/number plate lights effectively operating and visible 1
 
7. Drive at night or in weather reduced visibility conditions without clearance/side marker lights effectively operating and visible 1
 
8. Tow vehicle at night or in weather reduced visibility conditions without lights as required on towed vehicle 1
 
Exceeding speed limit  
9. Exceed applicable speed limit applying to driver for length of road by less than 15 km/h 1
 
10. Exceed applicable speed limit applying to driver for length of road by 15 km/h or more but less than 30 km/h 3
 
11. Exceed applicable speed limit applying to driver for length of road by 30 km/h or more but less than 45 km/h 4
 
12. Exceed applicable speed limit applying to driver for length of road by 45 km/h or more 6
 
Improperly overtaking or passing  
13. Drive past a no overtaking or passing sign when oncoming vehicle on bridge/road 2
 
14. Overtake vehicle on bridge/road contrary to no overtaking or passing sign 2
 
15. Overtake on bridge contrary to sign 2
 
16. Overtake when unsafe and when no clear view of any approaching traffic 2
 
17. Driver (other than cyclist) overtake to left of vehicle when not permitted 2
 
18. Overtake to right of vehicle indicating turning right or doing U-turn 2
 
19. Pass/overtake (when unsafe) to left of vehicle with do not overtake turning vehicle sign that is indicating turning left 2
 
20. Pass/overtake (when unsafe) to right of vehicle with do not overtake turning vehicle sign that is indicating turning right, or doing U-turn 2
 
21. Overtake too close to another vehicle 2
 
22. Cut in front of vehicle after overtaking 2
 
23. Drive past/overtake to right of tram 2
 
24. Drive past/overtake left-turning tram signalling left turn (when not permitted) 2
 
25. Drive past/overtake to left of tram when not permitted 2
 
26. Drive past/overtake right-turning tram or tram indicating turning right 2
 
Turning or stopping without signalling  
27. Fail to give required left-change of direction signal 2
 
28. Fail to give required right-change of direction signal 2
 
29. Fail to give required stop signal 2
 
30. Fail to give sufficient stop signal on stopping 2
 
31. Fail to give stop signal when suddenly slowing 2
 
32. Fail to left-indicate entering roundabout (when leaving at first exit) 2
 
33. Fail to continue left-indicate signal (when making turn at first exit of roundabout) 2
 
34. Fail to right-indicate entering roundabout (when travelling more than halfway through) 2
 
35. Fail to continue right-indicate signal (when travelling more than halfway through roundabout) 2
 
36. Fail to indicate left-change of lane/traffic line in roundabout 2
 
37. Fail to indicate right-change of lane/traffic line in roundabout 2
 
38. Fail to indicate left when leaving roundabout (if practicable) 2
 
Turning improperly  
39. Fail to keep left when starting left hand turn (from other than multi lane road) 2
 
40. Fail to approach and enter from within left lane (unless otherwise permitted) when turning left at intersection from multi lane road 2
 
41. Fail to make left hand turn as indicated by road markings 2
 
42. Start right hand turn incorrectly (from other than multi-lane road) 2
 
43. Fail to approach and enter from within right lane (unless otherwise permitted) when turning right at intersection from multi-lane road 2
 
44. Make right hand turn incorrectly (other than at T-intersection) 2
 
45. Fail to make hook turn correctly at hook turn only sign 2
 
46. Start U-turn without clear view and when could unreasonably obstruct traffic 2
 
47. Make U-turn contrary to sign (at dividing strip) 2
 
48. Make U-turn contrary to sign (along road) 2
 
49. Make U-turn at intersection with traffic lights 2
 
50. Make U-turn at intersection without traffic lights (contrary to sign) 2
 
51. Start U-turn at intersection from incorrect position 2
 
52. Make incorrect left hand turn from road into road related area/adjacent land 2
 
53. Make incorrect left hand turn from road related area into road 2
 
54. Make incorrect right hand turn from road into road related area/adjacent land 2
 
55. Make incorrect right hand turn from road related area into road 2
 
56. Fail to turn left at left turn only sign 2
 
57. Fail to turn left when entering intersection in left lane must turn left sign lane 2
 
58. Fail to turn right at right turn only sign 2
 
59. Fail to turn right when entering intersection in right lane must turn right sign lane 2
 
60. Turn at no turns sign 2
 
61. Turn left at no left turn sign 2
 
62. Turn right at no right turn sign 2
 
63. Make U-turn at no right turn sign 2
 
Failing to keep left  
64. Fail to keep left of central traffic island in roundabout 2
 
65. Driver (other than on motor bike, or cyclist) fail to keep to far left side of road (except in multi-lane road or road with at least 2 lines of traffic in same direction) 2
 
66. Drive in a right hand lane on multi-lane road (in an over 80 km/h zone or with keep left unless overtaking sign) when not permitted 2
 
67. Fail to keep left of oncoming vehicles 2
 
68. Fail to keep left of centre of road (when no dividing line/median strip) 2
 
Disobeying traffic signal  
69. Fail to stop as required on red traffic light 3
 
70. Fail to stop as required on red traffic arrow 3
 
71. Fail to stop on yellow traffic light/arrow when could have done so safely 3
 
72. Proceed through red traffic light when not permitted (after stopping) 3
 
73. Proceed through red traffic arrow (after stopping) 3
 
74. Proceed against yellow/red traffic light/arrow after having stopped before entering intersection 3
 
75. Fail to give way as required when turning at flashing yellow traffic arrow at intersection 3
 
76. Fail to stop as required at twin red lights (other than at level crossing) 3
 
77. Proceed through twin red lights after stopping (other than at level crossing) with lights still showing 3
 
78. Fail to comply with overhead lane control device 3
 
79. Public bus driver fail to stop as required at red B light 3
 
80. Public bus driver fail to stop as required at yellow B light 3
 
81. Public bus driver unlawfully proceed through red/yellow B light (after having stopped) 3
 
82. Public bus driver (having stopped before entering intersection) proceed before permitted by light/arrow to do so 3
 
83. Public bus driver (already stopped in intersection) fail to proceed as soon as safely possible after B light/arrow changes to yellow/red 3
 
Disobeying stop or give way sign or line, or police directing traffic  
84. Fail to stop and give way as required at a stop sign/line (at intersection without traffic lights) 3
 
85. Fail to give way as required at give way sign/line at intersection 3
 
86. Fail to stop and give way as required at a stop sign/line (other than at intersection, children?s crossing, level crossing or twin red lights) 3
 
87. Fail to give way at give way sign on bridge/narrow road 3
 
88. Fail to give way as required at give way sign/line (other than at intersection, bridge, narrow road, level crossing, twin red lights) 3
 
89. Fail to stop before reaching hand-held stop sign (other than at children?s crossing) 3
 
90. Proceed past hand-held stop sign before permitted to do so (other than at children?s crossing) 3
 
91. Fail to obey reasonable direction by police/authorised person for safe and efficient traffic regulation 3
 
Failing to give way  
92. Fail to give way when making U-turn 3
 
93. Fail to give way when turning at intersection with traffic lights 3
 
94. Fail to give way at intersection where traffic lights not wholly working (with traffic light-stop sign displayed) 3
 
95. Fail to give way as required at intersection where traffic lights not wholly working or only flashing yellow (and no traffic light-stop sign displayed) 3
 
96. Fail to give way as required at uncontrolled/unsigned intersection (other than T-intersection or roundabout) 3
 
97. Fail to give way as required at uncontrolled/unsigned T-intersection 3
 
98. Fail to give way as required to vehicle (other than one turning right from road-related area/adjacent land) when entering (uncontrolled/ unsigned) road from road-related area/adjacent land 3
 
99. Fail to give way to any pedestrian on road when entering (uncontrolled/ unsigned) road from road related area/adjacent land 3
 
100. Fail to give way to any vehicle/pedestrian on road-related area crossed when entering (uncontrolled/ unsigned) road from road-related area/adjacent land 3
 
101. Fail to give way when entering (uncontrolled/ unsigned) road related area to pedestrian on the road-related area 3
 
102. Fail to give way as required when entering road-related area/adjacent land from an uncontrolled/unsigned road 3
 
103. Driver move into path of approaching tram 3
 
104. Driver fail to move out of path of approaching tram 3
 
105. Fail to give way to a signed signalling bus pulling out 3
 
106. Move into path of police/emergency vehicle displaying flashing red/blue light or sounding alarm 3
 
107. Fail to move out of path of police/emergency vehicle displaying flashing red/blue light or sounding alarm 3
 
108. Fail to give way to police/emergency vehicle displaying flashing red/blue light or sounding alarm 3
 
109. Driver fail to give way to pedestrian in shared zone 3
 
110. Fail to give way as required to vehicle when driving through break in (unsigned/unmarked) dividing strip 3
 
111. Fail to give way as required when entering a turning lane from a painted island 3
 
112. Fail to give way when entering a median turning bay to oncoming vehicle already in bay 3
 
113. Fail to give way to vehicle as required when entering a marked lane or line of traffic from either side of road, or shoulder 3
 
114. Fail to give way to vehicle as required when turning from a median strip parking area into a marked lane/line of traffic 3
 
115. Fail to give way on entering roundabout to vehicle or tram in roundabout 3
 
116. Fail to give way on entering roundabout to tram 3
 
117. Fail to give way moving from one marked lane to another (multi-lane road) 3
 
118. Fail to give way moving from one line of traffic to another (when at least 2 lines of traffic travelling in same direction) 3
 
119. Fail to give way to vehicle when any part of other vehicle is ahead when lines of traffic merge 3
 
120. Driving in tram lane when not permitted 3
 
121. Driver on path (other than cyclist or driver entering a road from a road-related area or adjacent land or vice versa) fail to give way to other road users/animals on path 3
 
122. Driver on nature strip (other than animal rider or driver entering a road from a road-related area or adjacent land or vice versa) fail to give way to other road users/animals on nature strip 3
 
Failing to stop or give way at pedestrian, children?s or level crossing  
123. Approach children?s crossing too quickly to stop safely 3
 
124. Fail to stop at children?s crossing (when hand-held stop sign displayed) 3
 
125. Fail to stop at children?s crossing (when pedestrian on/entering crossing)3
 
126. Proceed through children?s crossing before being signalled to do so 3
 
127. Proceed through children?s crossing while pedestrian is on or is entering 3
 
128. Approach pedestrian crossing too quickly to stop safely 3
 
129. Fail to give way to pedestrian on pedestrian crossing 3
 
130. Overtake/pass a vehicle stopping/stopped at children?s/pedestrian crossing 3
 
131. Fail to stop and give way at stop sign/line at level crossing 3
 
132. Fail to give way at level crossing with give way sign/line 3
 
133. Enter level crossing (with warning lights operating) 3
 
134. Enter level crossing (with gate/boom/barrier in any stage of operation) 3
 
135. Enter level crossing when train entering 3
 
136. Enter level crossing (when approaching train can be seen/heard and danger of collision) 3
 
137. Enter level crossing (when blocked or road beyond blocked) 3
 
138. Fail to give way to any pedestrian on marked foot crossing with flashing yellow traffic light (other than at/near intersection) 3
 
139. Obstruct pedestrian on marked foot crossing with flashing yellow traffic light (other than at/near intersection) 3
 
140. Overtake/pass a vehicle stopping/stopped at marked foot crossing with flashing yellow lights (other than at/near intersection) 3
 
Driving with unrestrained passengers under age of 16 years  
141. Driver fail to ensure passenger under 16 years is restrained as required (when vehicle is moving/stationary, but not parked) 3
 
Driving without seatbelt  
142. Driver fail to wear properly adjusted and fastened seatbelt (when vehicle moving/stationary, but not parked) 3
 
Motorcyclist failing to wear helmet  
143. Motor bike rider fail to wear securely fitted and fastened approved motor bike helmet (when vehicle moving/stationary, but not parked) 3
 
144. Motor bike rider fail to ensure passenger wearing securely fitted and fastened approved motor bike helmet (when vehicle moving/stationary, but not parked) 3
 
Driving contrary to major defect notice  
145. Fail to comply with major defect notice 3
 
Driving on wrong side of double dividing lines, or on wrong side of divided highway  
146. Fail to keep left of dividing line as required 3
 
147. Fail to keep left of median strip (other than painted island) 3
 
Driving carelessly or negligently  
148. Drive without due care and attention 3
 
149. Negligent driving (having regard to all the circumstances) 3
 
Risking collision with alighting, boarding or waiting tram passengers  
150. Driving past the rear of a stopped tram 3
 
151. Fail to give way to pedestrians crossing near stopped tram 3
 
152. Driving on safety zone or driving at unsafe speed other than to left of safety zone3
 
PART 2
SCHEDULE OF RECOGNISED INTERSTATE DEMERIT POINTS OFFENCES

Note: There are no offences prescribed.

PART 3

SCHEDULE OF LOCAL DEMERIT POINTS OFFENCES
  
Disobeying sign/road marking  
153. Drive in direction contrary to traffic lane arrows (other than at roundabout) except when making permitted U-turn 2
 
154. Drive contrary to one-way sign 2
 
155. Fail to keep left (contrary to sign) 2
 
156. Fail to keep right (contrary to sign) 2
 
157. Drive past a no entry sign 2
 
158. Fail to obey roundabout traffic lane arrows 2
 
159. Drive in bicycle lane when not permitted 2
 
160. Cross continuous line separating 2 marked lanes (multi lane road) 2
 
161. Driver cross 2 broken parallel dividing lines when not permitted 3
 
Failing to give way  
162. Fail to give way when required to vehicle converging on right (applicable only in a road related area) 3
 
Heavy vehicle signs  
163. Drive overheight vehicle past clearance or clearance sign 2
 
164. Drive vehicle past bridge load limit (gross mass) sign/gross load limit sign in excess of displayed gross mass 2
 
165. Drive vehicle past bridge load limit (mass per axle group) sign in excess of mass indicated 2
 
166. Fail to gear down as required by trucks and buses low gear sign 2
 
Seatbelts  
167. Drive motor vehicle without seatbelts and anchorages fitted as prescribed 3
 
168. Drive motor vehicle without seatbelt and anchorages in sound condition and good working order 3
 
Speeding  
169. Turn right or left at traffic lights intersection at more than 20 km/h 2
 
170. Exceed 40 km/h within 50 metres of bus stopped on road displaying school bus warning sign and warning light by less than 10 km/h 1
 
171. Exceed 40 km/h within 50 metres of bus stopped on road displaying school bus warning sign and warning light by 10 to 14 km/h 1
 
172. Exceed 40 km/h within 50 metres of bus stopped on road displaying school bus warning sign and warning light by 15 to 22 km/h 3
 
173. Exceed 40 km/h within 50 metres of bus stopped on road displaying school bus warning sign and warning light by 23 to 29 km/h 3
 
174. Exceed 40 km/h within 50 metres of bus stopped on road displaying school bus warning sign and warning light by 30 to 37 km/h 4
 
175. Exceed 40 km/h within 50 metres of bus stopped on road displaying school bus warning sign and warning light by 38 to 44 km/h 4
 
176. Exceed 40 km/h within 50 metres of bus stopped on road displaying school bus warning sign and warning light by 45 km/h or more 6
 
Miscellaneous  
177. Fail to clearly display P-plates as required 1