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Limited grounds for appealing against demerit points

Drivers can lodge an appeal against VicRoads for demerit points that have been added to their licence under very limited circumstances.

The role of VicRoads in demerit points

VicRoads does not issue demerit points, it records demerit points that are issued by other agencies such as Fines Victoria and the courts.

VicRoads has no power to alter decisions made by a court, police, or sheriff officers or to investigate whether a traffic infringement notice is valid. VicRoads must add points to the demerit points register if a driver is found guilty of an offence that includes demerit points as part of the penalty (See Schedule 3(opens in a new window)).

VicRoads will not consider the driver's need to retain their licence.

Appealing under section 46H of the Road Safety Act 1986

A driver can only appeal their suspension or disqualification to a Magistrates' Court under section 46H of the Road Safety Act 1986(opens in a new window) in two very limited circumstances:

  • if the demerit points have been recorded incorrectly
  • if the demerit points have been calculated (added-up) incorrectly.

It is not possible to dispute receiving the points.

Warning

Often, demerit points appeals to Magistrates’ Courts against the VicRoads' suspension or disqualification of a driver licence or learner permit are misconceived. As a result, many appeals are withdrawn by consent or dismissed if the appeal proceeds to hearing.

If a person applies to appeal incorrectly, the applicant could be made to pay significant costs. VicRoads usually brief a barrister to defend these matters and if there is a prospect that the application form was incorrectly lodged, they will seek costs against the appellant. For example, this might happen if the person is trying to appeal against their demerit points for a reason other than the demerit points have been recorded incorrectly or added-up incorrectly.

See the section on demerit points appeal on the VicRoads website.

See also ss. 26AA(2), 46H, 46I—Road Safety Act 1986 (Vic)(opens in a new window).

Updated