Victorian Consolidated Regulations

2 Reg. 302A(1)(b): S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. No. 87/2003. - SECT 301

Demerit points

301. Demerit points



(1) In this regulation-

appropriate number of demerit points, in relation to a relevant offence, means
the number of demerit points specified, in relation to that offence, in column
3 of Table 301;

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relevant offence means an offence described in column 1 of Table 301 in
relation to the use of a motor vehicle or an offence against the law of
another jurisdiction which corresponds to such an offence.

(2) A summary of an offence in column 1 of Table 301 is not to be taken to
affect the nature or elements of the offence to which the summary refers or
the operation of these Regulations.

(3) The Corporation must record against a person the appropriate number of
demerit points if the person-

   (a)  is convicted, or found guilty, of a relevant offence; or

   (b)  pays the penalty specified in an infringement notice issued to the
        person in respect of a relevant offence; or



   (c)  is convicted within the meaning of section 89(4) or 89A(2) of the Act
        with respect to a relevant offence; or

   (d)  is a person against whom an enforcement order has been made and not
        revoked under Schedule 7 to the Magistrates' Court Act 1989 or
        Schedule 2A to the Children and Young Persons Act 1989 with respect to
        a relevant offence; or

   (e)  is a person in respect of whom a proceeding for a relevant offence is
        adjourned under section 128A(2) of the Magistrates' Court Act 1989.

(3A) If, but for this subregulation, demerit points would be recorded in
respect of offences under section 49(1)(b) and section 49(1)(f) or (g) of the
Act that occur in relation to the same period of driving or being in charge of
a motor vehicle, demerit points may be recorded only in respect of one of
those offences.

(4) If a person referred to in subregulation (3) holds a licence or permit to
drive a motor vehicle issued in another jurisdiction, the Corporation must
send to the licensing authority of that jurisdiction details of any offence
described in column 1 of Table 301 in respect of which the person-

   (a)  was convicted or found guilty; or

   (b)  paid the penalty; or



   (c)  has not paid the penalty and an enforcement order in respect of the
        unpaid penalty has been made and not revoked under Schedule 7 to the
        Magistrates' Court Act 1989 or Schedule 2A to the Children and Young
        Persons Act 1989; or

   (d)  has been charged but the proceeding in respect of that charge has been
        adjourned under section 128A(2) of the Magistrates' Court Act 1989.

(5) The Corporation must treat demerit points recorded under subregulation (3)
against a person who does not hold an Australian driver licence or permit as
demerit points recorded against the holder of a driver licence or permit if
the person subsequently obtains an Australian driver licence or permit.

(6) The Corporation must record demerit points in the Demerits Register in
respect of the day on which the offence was committed.

(6A) For the purposes of subregulation (6), if a proceeding for an offence is
adjourned under section 128A(2) of the Magistrates' Court Act 1989, the
offence is taken to have been committed on the day alleged in the charge for
the offence.

(7) In Table 301-



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RR means the Road Rules;





RSA means the Road Safety Act 1986;



RS(D)R means the Road Safety (Drivers) Regulations 1999;



RS (V) R means the Road Safety (Vehicles) Regulations 1999. Table 301 r. 301
Column 1 Description of Offence Column 2 Reference Column 3 Demerit points An
offence under section 49(1)(b), (f) or (g) of the RSA, where section 50(1) or
50(1AB) of the RSA applies and the person's driver licence or permit has not
been cancelled for the offence RSA 49 10 A drink-driving infringement and the
person's driver licence or permit has not been cancelled by force of section
89C(1) of the RSA RSA 3, 49 10



Column 1 Description of Offence Column 2 Reference Column 3 Demerit points An
offence under section 49(1)(bb), (h) or (i) of the RSA and the person's driver
licence or permit has not been cancelled for the offence RSA 49 10 A
drug-driving infringement RSA 3, 49 10 Exceeding speed-limit by 45 km/h or
more RR 20 8 Exceeding speed-limit by 35 km/h or more but less than 45 km/h RR
20 6 Exceeding speed-limit by 25 km/h or more but less than 35 km/h RR 20 4 r.
301 Disobeying traffic lights, sign or traffic directions of police officer or
authorised person RR 56(1), (2), 57(2), (3), 59(1), 60, 61(2), (5), 64, 65(2),
66(1), (4), 67(1), 68(1), 69(1), 70, 71(1), 93(1), 94, 95(1), 98(1), 100,
101(1), (2), 115(1), 152, 281, 282, 284, 286(2), (3), 304(1) 3









Column 1 Description of Offence Column 2 Reference Column 3 Demerit points
Failing to give way, or stop or remain stopped RR 38, 72(1), 73(1), 74(1),
75(1), 77(1), 78(1), (2), 79(1), 80(2), (3), (4), 81(2), 82, 83, 84, 87(1),
114(1), (2), 115(1) 3 Driving with unrestrained passengers under the age of 16
years RR 266(1), 268(7) 3 Driving contrary to a major defect notice RS (V) R
702 3 Driving on wrong side of double lines, or on wrong side of divided road
RR 132(2), 135 3 Driving wrong way on a one way service road RR 136 3 Driving
over double lines surrounding a painted island RR 138 3 r. 301 Using a hand
held mobile phone RR 300(1) 3 Using a vehicle on a highway without a properly
affixed and displayed number plate RS (V) R 222 3 Driving without a seat belt
RR 264(1) 3 Rider or passenger of motor bike not wearing approved motor bike
helmet or passenger improperly seated RR 270(1), 271(3) 3

Column 1 Description of Offence Column 2 Reference Column 3 Demerit points
Risk colliding with alighting, boarding or waiting tram passengers RR 162(1),
163(1), 164(1) 3 Careless driving RSA 65 3 Exceeding speed limit by 10 km/h or
more but less than 25 km/h RR 20 3 Improper overtaking or passing RR 141(1),
142(1), 143, 144, 145, 148(1), (2), 160(2), (3) 2 Turning or stopping without
signalling RR 46(1), 48(1), 53(1), (2), (3) 2 Turning improperly RR 27(1),
28(1), 29, 31(1), 32(1), 33(1), 37, 43(1), (2), 92(1) 2 Failing to keep left
RR 129(1), 130(2), 131, 132(1), 2 r. 301 Driving contrary to a minor defect
notice RS (V) R 702 1 Failure to dip headlights RR 218(1) 1 Long vehicle
failing to keep minimum distance behind another long vehicle RR 127(1) 1
Driving insufficient distance behind a vehicle RR 126 1

Column 1 Description of Offence Column 2 Reference Column 3 Demerit points
Driving at night or in hazardous weather conditions without headlights, tail
lights, number plates lights and rear lights on, and, if fitted, without
clearance lights and side marker lights on RR 215(1), 216(1) 1 r. 301
Exceeding the speed-limit by less than 10 km/h RR 20 1 Failing to display "P"
plates RS(D)R 217(1) 3 Probationary driver driving a high powered motor
vehicle RS(D)R 211A 3 Probationary driver driving a high powered motor vehicle
RS(D)R 211A 3 Failing to stop or give way, or remain stopped at a level
crossing or unlawfully enter a level crossing RSA 68B, RR 121, 122, 123, 124 4
P1 probationary driver driving a motor vehicle with more than one peer
passenger RS(D)R 219A 3 Driving fatigue regulated heavy vehicle while impaired
by fatigue RSA 191D(1) 3



Column 1 Description of Offence Column 2 Reference Column 3 Demerit points
Driving fatigue regulated heavy vehicle in contravention of maximum work
requirement-severe risk offence RSA 191L(2) and (4), 191M(2) and (4), 191N(2)
and (4), 191O(2) and (4), 191P(2) and (4), 191Q(2) and (4), 191Q(2A) and (4) 3
Driving fatigue regulated heavy vehicle in contravention of maximum work
requirement-critical risk offence RSA 191L(2) and (4), 191M(2) and (4),
191N(2) and (4), 191O(2) and (4), 191P(2) and (4), 191Q(2) and (4), 191Q(2A)
and (4) 4 Driving fatigue regulated heavy vehicle in contravention of minimum
rest requirement-severe risk offence RSA 191L(2) and (4), 191M(2) and (4),
191N(2) and (4), 191O(2) and (4), 191P(2) and (4), 191Q(2) and (4), 191Q(2A)
and (4) 3





Column 1 Description of Offence Column 2 Reference Column 3 Demerit points
Driving fatigue regulated heavy vehicle in contravention of minimum rest
requirement-critical risk offence RSA 191L(2) and (4), 191M(2) and (4),
191N(2) and (4), 191O(2) and (4), 191P(2) and (4), 191Q(2) and (4), 191Q(2A)
and (4) 4