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Unlicensed drivers and demerits

Information about how an unlicensed driver can get demerit points while they are driving in Victoria.

If a person accumulates 12 demerit points or more within any 3 year period, (of if under 22, if they accumulate 5 or more demerit points within any 12 months period) VicRoads must send a disqualification notice to them if they are:

  • an unlicensed driver, or
  • a driver with an overseas licence.

See ss. 46A, 46B—Road Safety Act 1986 (Vic)(opens in a new window).

Who is an unlicensed driver?

For the purpose of demerit points, an unlicensed driver is any person who:

  • does not have, and never has had a valid driver's licence or permit in Victoria,
  • does not have a licence or permit issued in another state or territory that authorises them to drive
  • whose Victorian driver licence or permit has expired.

It does not include a person whose Victorian licence or permit has been cancelled or suspended.

See s. 34—Road Safety Act 1986 (Vic)(opens in a new window).

Purpose of the disqualification notice

A driving disqualification notice disqualifies the person from driving on Victorian roads and from getting a Victorian driver licence. This is in addition to the penalty for driving a vehicle without a valid licence.

See s. 46A—Road Safety Act 1986 (Vic)(opens in a new window).

Length of disqualification

The driving disqualification notice will state when the disqualification period begins. The driver will be disqualified from driving for 3 months plus one extra month for each 4 demerit points that they have accumulated over the maximum points allowed.

For example, if a driver was under 22 and had 9 demerit points within a 12 month period they would be disqualified from driving for 4 months. That's 3 months for accumulating 5 demerit points within 12 months plus one extra month for the 4 additional demerit points.

After serving the period of disqualification, all of the points that the person had accumulated before the date of the disqualification notice will be disregarded. For example, if the driver had accumulated 18 demerit points within a 3 year period, they would be disqualified from driving for 4 months (12 points plus 4 points = 16 points ). Note that although the driver had an extra 2 points, these were not enough to suspend their licence for an additional month. After serving the disqualification period all 18 points would be wiped.

They will also be prohibited from applying for a Victorian driver licence or permit during this time.

See s. 46B—Road Safety Act 1986 (Vic)(opens in a new window).

If disqualification notice not served

If after 7 days VicRoads is satisfied that the disqualification notice has not been served on the driver it must:

  • cancel the disqualification notice
  • decide on another date for the driver to begin their disqualification period
  • serve another disqualification notice on the driver.

See s. 46C—Road Safety Act 1986 (Vic)(opens in a new window).

Can driver appeal against their disqualification?

As with demerit points accumulated for licensed drivers, a person can only appeal to the Magistrates' Court against their disqualification from driving after getting too many demerit points if VicRoads:

  • made an error in calculating the number of points
  • recorded points that were not required under the regulations.

See s. 46H—Road Safety Act 1986 (Vic)(opens in a new window) and Appeals against demerit points

More information

Legislation

Road Safety Act 1986 (Vic)

  • s. 34—defines an 'unlicensed driver'
  • s. 46A—driving disqualification notice
  • s. 46B—period of disqualification
  • s. 46C—cancellation of disqualification if service ineffective
  • s. 46H—Appeals to Magistrates' Court

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

Updated