Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 25

Demerits Register

25. Demerits Register





(1) The Corporation must keep a Demerits Register and must record against a
person any demerit points that are incurred by that person.

(2) The circumstances in which demerit points are incurred, the number of
points incurred, the determination of the date on which points are to be
recorded as incurred and the circumstances in which, if points are incurred
before a conviction or finding of guilt is recorded or made, the points may be
cancelled are as prescribed.



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(3) The Corporation must serve a notice (a demerit point option notice)
containing the prescribed particulars on-

   (a)  the holder of a full driver licence if he or she incurs 12 or more
        demerit points within any 3 year period; and

   (b)  the holder of a learner permit or probationary driver licence if he or
        she incurs-

   (i)  5 or more demerit points within any 1 year period; or

   (ii) 12 or more demerit points within any 3 year period.

(3A) A person on whom a demerit point option notice is served may, within 21
days after service of the notice, notify the Corporation that he or she elects
to extend the demerit point period.





(3B) If a person notifies the Corporation under subsection (3A) that he or she
elects to extend the demerit point period, the Corporation must, if the person
incurs 1 or more additional demerit points in relation to any offence
committed within the 12 month period commencing on the date determined by the
Corporation and specified in the demerit point option notice as the
commencement date of the 12 month period-



   (a)  in the case of a person who holds a full driver licence or who holds a
        learner permit or probationary driver licence and also holds, or has
        held, a full driver licence, suspend the licence or permit for 6
        months and an additional 2 months for each 4 demerit points in excess
        of 12 recorded against the person as at the date of issue of the
        demerit point option notice; and



   (ab) in the case of a person who holds a learner permit or probationary
        driver licence and who does not hold, and has never held, a full
        driver licence, suspend the permit or licence for-

   (i)  6 months in respect of the first 5 demerit points recorded against the
        person as at the date of issue of the demerit point option notice; and

   (ii) an additional 2 months for each 4 demerit points in excess of 5
        recorded against the person as at that date; and

   (b)  when calculating demerit points recorded against the person referred
        to in paragraph (a) or (ab) at any time after the end of the period of
        suspension, disregard all demerit points recorded against the person
        as at the date of issue of the demerit point option notice; and

   (c)  serve on the person referred to in paragraph (a) or (ab) a notice
        containing the prescribed particulars.





(3C) If a person notifies the Corporation under subsection (3A) that he or she
elects to extend the demerit point period, the Corporation must, if the person
incurs no additional demerit points in relation to any offence committed
within the 12 month period commencing on the date determined by the
Corporation and specified in the demerit point option notice as the
commencement date of the 12 month period, when calculating demerit points
recorded against that person at any time after the end of that 12 month
period, disregard all demerit points recorded against that person as at the
date of issue of the demerit point option notice.

(3D) If a person on whom a demerit point option notice is served does not, in
accordance with subsection (3A), notify the Corporation that the person elects
to extend the demerit point period, the Corporation must-

   (a)  for a demerit point option notice returned to the Corporation as
        undelivered to the person-

   (i)  decide to serve another demerit point option notice on the person
        under subsection (3) as soon as practicable after the person-

                (A)  next applies for or renews the person's driver licence or
                     learner permit; or

                (B)  next applies to register, or renew the registration of, a
                     motor vehicle for which the person is the registered
                     operator; or

                (C)  otherwise advises the Corporation of the person's current
                     address; or

   (ii) take action under paragraph (b); or

   (b)  otherwise-suspend the person's driver licence (whether or not a
        probationary driver licence) or learner permit for the period
        calculated in accordance with subsection (3E).

(3E) For the purposes of subsection (3D)(b), the period for which a person's
driver licence or learner permit must be suspended is-

   (a)  3 months, and an additional 1 month for each 4 demerit points in
        excess of 12 recorded against the person as at the date the demerit
        point option notice was issued-

   (i)  for a full driver licence; or

   (ii) for a learner permit or probationary driver licence if the person also
        holds, or has held, a full driver licence; or

   (iii) for a learner permit or probationary driver licence if the person
        incurred 12 or more demerit points within any 3 year period but not 5
        or more within any 12 month period; or

   (b)  3 months, and an additional 1 month for each 4 demerit points in
        excess of 5 recorded against the person as at the date the demerit
        point option notice was issued-

   (i)  for a learner permit or probationary driver licence; and

   (ii) if the person does not hold, and has never held, a full driver
        licence; and

   (iii) if the person incurred 5 or more demerit points within any 12 month
        period.

(3F) If the Corporation suspends a person's driver licence or learner permit
under subsection (3D)(b), the Corporation must, when calculating demerit
points recorded against the person at any time after the end of the period of
suspension, disregard all demerit points recorded against the person as at the
date of issue of the demerit point option notice.

(4) The suspension of a driver licence or learner permit under this section
takes effect on and from the date determined by the Corporation and specified
in the demerit point option notice or a notice under subsection (3B)(c).





(4AA) For the purposes of subsection (4), if a demerit point option notice is
returned to the Corporation as undelivered to the person and the Corporation
decides, under subsection (3D)(a)(i), to serve another demerit point option
notice on the person, the suspension takes effect on and from the date
specified in the later notice.

(4A) A demerit point option notice or a notice under subsection (3B)(c) sent
by post addressed to the holder of the licence or permit at his or her current
address as shown in any record maintained under this Act must be taken to have
been served on that person 14 days after the date of issue of the notice
unless at any time after that period of 14 days the Corporation is satisfied
that the notice has not been served on that person.

(4B) The service of a demerit point option notice or a notice under subsection
(3B)(c) is not a condition precedent to a suspension under this section taking
effect but if at any time after the period of 14 days after the date of issue
of the notice the Corporation is satisfied that the holder of the licence or
permit has not been served with the notice, it must cancel the suspension with
effect from the date on which it took effect, determine another effective date
and specify that date in another notice served under subsection (3) or
(3B)(c), as the case requires.

(4BA) Subsection (4B) does not apply if-

   (a)  a person is prosecuted under section 30 for driving while a suspension
        under this section is in force; and





   (b)  he or she is found not guilty on the grounds that he or she was not
        aware at the relevant time that his or her licence or permit had been
        suspended.

Note In the circumstances set out in this subsection, it is still open to a
court under section 30A to order that the person serve an additional period of
suspension of up to the period specified in section 30A(3).

(4C) If a driver licence or permit suspended under this section is cancelled
or suspended by the Corporation under another provision of this Act or by a
court or by operation of this Act, the period from that cancellation or other
suspension taking effect until a new licence or permit is issued or the other
suspension is completed (as the case requires) does not count in calculating
the period of suspension under this section and the suspension under this
section is stayed during that period.

(4D) If the Corporation is required by this section to suspend a driver
licence or permit that has been cancelled or suspended by the Corporation
under another provision of this Act or by a court or by operation of this Act,
the date determined by the Corporation under subsection (4) must not be
earlier than the date on which a new licence or permit is issued or the other
suspension is completed, as the case requires.

(5) The circumstances in which demerit points are cancelled are as prescribed.





(6) The fact that demerit points are recorded against the holder of a driver
licence or learner permit is not admissible in evidence except-





   (a)  in proceedings on an appeal under section 26AA(1); or



   (b)  if it is necessary to give evidence of that fact in order to
        establish-

   (i)  that the holder of the licence or permit had been sent a notice
        advising him or her that he or she had incurred demerit points; or

   (ii) that the licence or permit had been suspended under this Act; or

   (iii) that the holder of the licence or permit had been served with a
        notice advising him or her of such a suspension.