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Demerit points and novice drivers

This page explains the rules about demerit points for probationer drivers in Victoria.

The penalties for some traffic offences include demerit points. These offences are listed in Schedule 3 of the Road Safety (Drivers) Regulations 2009(opens in a new window) and Schedule 4 (opens in a new window)for equivalent offences that happen in another state or territory.

The rules for probationer and learner drivers are different to drivers who have a full licence.

A probationer or learner driver can have their licence suspended if they get:

  • 5 or more demerit points against their licence in any 12 month period, or
  • 12 or more demerit points in any 3 year period.

A driver will only be treated as a novice driver if they have never held a full driver licence.

See s. 36(1)(b)—Road Safety Act 1986 (Vic)(opens in a new window).

Young drivers from overseas or unlicensed drivers

Overseas drivers and unlicensed drivers, who are younger than 22 years, and who drive in Victoria can also have their licence suspended in the same way that novice drivers do. If they lose too many demerit points they will be served with a disqualification notice.

See ss. 36(1)(b), 46A, 46B—Road Safety Act 1986 (Vic)(opens in a new window) and Overseas drivers in Victoria.

Getting a notice

When a Victorian driver has exceeded the number of available points, VicRoads will send an option notice asking them whether they would like to extend their demerit point period or have their licence suspended. They then have 21 days to elect to extend their demerit points period.

VicRoads will not send a notice to a driver who has already had their licence suspended or cancelled for another offence.

See ss. 36—Road Safety Act 1986 (Vic)(opens in a new window).

Opting to extend the demerit points period

If the driver opts to extend the demerit points period they must not:

  • get any more demerit points or
  • lose their licence for another driving offence

for a 12 month period. If they do get demerit points (or otherwise lose their licence) during this time their licence will be suspended for:

  • 6 months for the first 5 demerit points that they accrue, and
  • an additional 2 months for each extra demerit point.

See s. 40(3)—Road Safety Act 1986 (Vic)(opens in a new window).

If the driver decides not to extend demerit point period

If the driver does not opt to extend the demerit points period, VicRoads will suspend their licence. The suspension is for 3 months plus 1 month for each 4 demerit points over 5 demerit points recorded against the driver on the date that the notice was issued.

All the points that the driver accrued at the date of the notice will be removed and the licence restored after the driver has served the suspension period.

See s. 41—Road Safety Act 1986 (Vic)(opens in a new window).

If the notice is returned to sender

VicRoads will send a second notice to the person as soon as possible after the person either applies to:

  • renew their licence or permit
  • register or reregister their motor vehicle
  • VicRoads to change their address.

See s. 41(3)—Road Safety Act 1986 (Vic)(opens in a new window).

More information

Legislation

Road Safety Act 1986 (Vic)

  • s. 35—demerits register
  • s. 36(1)—treatment of demerit points for probationary driver
  • s. 41—VicRoads will suspend the driver licence if they do not elect to extend their demerit point period
  • s. 36(2)—the person served with a notice has 21 days to notify VicRoads of their election to extend the demerit point period.
  • s. 38—extended demerit point period
  • s. 40—if person elects to extend demerit point period and gets more points
  • s. 41(3)—if notice is returned to sender
  • s. 46A—unlicensed drivers can have their licences suspended if they get too many demerit points

See Road Safety Act 1986 (Vic)(opens in a new window).

Road Safety (Drivers) Regulations 2019 (Vic)

See Road Safety (Drivers) Regulations 2019 (Vic)(opens in a new window).

VicRoads

For more info about demerit point options see VicRoads—Demerit points and offences(opens in a new window).

Updated