How Lawyers In Ballarat Can Help You Understand Demerit Points In Victoria

This article provides general legal information only and does not constitute legal advice. Individual circumstances vary significantly. Please consult a qualified legal practitioner for advice specific to your situation.

Demerit points are a penalty system that operates alongside fines for traffic offences in Victoria. When you commit a prescribed road safety offence — speeding, running a red light, using a mobile phone while driving, failing to wear a seatbelt and many others — points are recorded against your licence in addition to any fine payable.

Points are recorded by VicRoads and sit on your licence for a rolling period from the date of each offence. The number of points attached to an offence varies with its severity. Minor speeding offences attract fewer points than serious speeding, while offences involving mobile phone use, seatbelts and certain other categories carry specific point values set by the relevant regulations.

The system operates on a rolling basis — points from different offences do not all reset at the same time. Each infringement's points remain on your record for a set period from the date of that specific offence. This is an important distinction that catches many drivers off guard: it is not a single annual reset but a rolling window for each offence.

In Victoria, the threshold at which demerit points trigger a licence sanction depends on the type of licence you hold.

For a full licence holder, accumulating a prescribed number of demerit points within a set period results in VicRoads issuing a notice. At that point the driver has two options: serve a period of suspension, or elect to be placed on a good behaviour licence for a specified period during which any further demerit offence of two or more points results in a longer suspension.

Probationary and learner licence holders operate under stricter thresholds, meaning fewer points are required before a sanction is triggered. The specific thresholds and periods that apply are set by Victorian legislation and are updated periodically — confirming the current figures directly with VicRoads or with a traffic lawyer is advisable before making decisions based on your point total.

This is one of the most commonly misunderstood aspects of the Victorian system. Points do not reset on a calendar date — they are tied to each individual offence.

Each set of demerit points from a specific offence remains on your licence for a period from the date of that offence. Once that period has passed, those particular points drop off your record. However, points from more recent offences remain until their own period expires.

The practical implication is that if you have accumulated points from offences at different times, your total at any given moment is the sum of all points from offences whose rolling period has not yet expired. A driver who believes they are approaching a clean record because time has passed since their last offence may still be carrying points from earlier infringements.



Checking your current demerit point balance directly with VicRoads is the most reliable way to know where you actually stand.

No. Victoria does not operate a double demerit points scheme. States such as New South Wales and Western Australia apply doubled points during certain public holiday periods, but this does not apply in Victoria. The number of points applied to an offence in Victoria is the standard amount set for that offence under Victorian law, regardless of when the offence occurred.

Some offences carry more points than drivers expect, and combining a few offences over a period of months can bring a driver close to the threshold faster than anticipated.

Common point-accumulating offences for Ballarat drivers include:

• Speeding: point values increase with the degree of excess speed. Travelling more than 25km/h over the limit carries significantly more points than minor speeding
• Mobile phone use while driving: offences involving holding or using a mobile phone while driving carry a meaningful point penalty. This is one of the higher-frequency offences and one of the most commonly discussed — see our guide to mobile phone driving offences for detail on how these infringements work
• Running red lights or failing to stop: these carry point penalties in addition to fines
• Failing to wear a seatbelt: a penalty that applies to the driver regardless of whether a passenger is also unbelted
• Driving while using a hand-held device for navigation: increasingly enforced as a distinct offence category

The speed at which points accumulate from a single serious offence is also worth noting — a significant speeding offence alone can put a driver within a few points of the threshold

If you have received a notice from VicRoads because you have accumulated points at or near the threshold, you are not necessarily without options.

The two paths available when a notice is issued are broadly:

• Accept a period of suspension. The suspension period serves as the penalty, after which the driver returns to a clean slate. The length of the suspension is set by VicRoads based on the circumstances.
• Elect a good behaviour licence period. This option allows the driver to continue driving for a longer specified period on the condition that no further demerit offences of two or more points are committed. If a further qualifying offence is committed during this period, a longer suspension is imposed.

The decision between these two options depends on individual circumstances — the driver's work and personal situation, their assessment of their ability to avoid further infringements during a good behaviour period, and the relative impact of each option. This is an area where legal advice before making the election can make a material difference to the outcome.

A traffic lawyer can assist at several points in the demerit point process — not only once a suspension notice has been issued.

Reviewing the infringement: demerit points only attach if the infringement itself is valid and correctly issued. A lawyer can review whether the infringement was properly issued, whether the offence is correctly described, and whether there are grounds to challenge it before points are recorded.

Advising before making an election: when a driver receives a notice and must choose between suspension and a good behaviour period, a lawyer can explain the practical implications of each option in the context of that driver's specific circumstances rather than a generic description.

Applying to the court in appropriate circumstances: in some cases, drivers may have grounds to make an application to the Magistrates' Court in relation to their licence. The basis and prospects of any such application depend on the specific facts, and legal advice is essential before pursuing this path.

Hardship applications: where a driver's licence is essential to their employment or family obligations, there may be options available that a lawyer can advise on.

For Ballarat-area drivers, Traffic Matters Ballarat covers the full range of traffic law assistance available through David & Tamanika Solicitors, including demerit point advice and licence protection.

The demerit point system is one of those areas where the time to get advice is before a decision is made, not after. Once an election is made — whether to serve a suspension or enter a good behaviour period — the options narrow considerably.

If you are approaching the demerit threshold, have received a notice from VicRoads, or want to understand where your licence stands, speaking with traffic lawyers in Ballarat gives you a clear picture of your situation and your options before the window to act closes.

Get in touch with our team to arrange a consultation at a time that suits you.