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Demerit point suspension

 

What is a demerit point suspension?

For some traffic offences, together with a fine you may receive demerit points.

If you accumulate a total of 12 or more demerit points within any 3 year period, a demerit point suspension can be imposed on you, which means you are not allowed to drive for a certain period. This period depends on how many points you have accumulated. For less than 16 points you will receive 3 months suspension, for 16 to less than 20 points you will receive 4 months suspension and for 20 points or more you will receive 5 months suspension.

Is there any way of avoiding a demerit point suspension?

Yes, there is a process called “double or nothing” that allows you to avoid losing your licence when you reach 12 points or more.

How does the “double or nothing” process work?

This process allows you to elect to be of good behaviour for a period of 12 months and if you succeed, you will not lose your licence.

What does “good behaviour” mean?

Being of good behaviour means that during the 12 month period you must not:

  • accumulate more than one demerit point; or
  • commit an offence which results in disqualification.

Is there a time limit for electing “double or nothing”?

Yes, you must make the election within 21 days from the date you were given the demerit point suspension notice.

What do I do if I want to elect “double or nothing”?

You need to submit a Good Behaviour Period election form to the Director General for Transport within 21 days.

Election forms are available from any Licensing Centre, regional licensing agent or online through the Department of Transport website.

You must submit the form at any Licensing Centre, regional licensing agent, through the Department of Transport website (see link above) or by post to PO Box 8090, East Perth, WA, 6892.

What happens if I breach the good behaviour period?

If you breach the good behaviour period, then your licence will be suspended for double the length of time that it would have before you made the election.

In addition, you will receive the penalty for the offence or offences which breached the good behaviour period, which may include an extra period of licence suspension.

What happens after the period of suspension ends?

At the end of all suspension periods, your demerit point tally will go back to zero.

If I am a p-plater can I elect “double or nothing”?

No, you cannot elect to follow this process if you are a provisional licence holder (“p-plater”).

As a p-plater, if you receive a demerit point suspension notice, your licence is automatically cancelled. This means that you must not only wait for the period of suspension to end but must also re-sit your driver’s licence test, before you can drive again.

Can I apply for an extraordinary driver’s licence if I am under a demerit point suspension?

No, it is not an option for you to apply for an Extraordinary Driver’s Licence if you are under a demerit point suspension. This is the case whether the demerit point suspension was imposed immediately, or after you failed to complete the good behaviour period.

Click here for more information about Extraordinary Driver's Licence applications.

What if I don’t agree with the number of demerit points recorded against me?

If you believe a mistake has been made about the number of demerit points that should be recorded against you, then you can apply to a Magistrates Court for an order setting aside the demerit point suspension.

You must make this application within 30 days from the date of the demerit point suspension notice.

To make the application, contact the registry of the Magistrates Court closest to you. Click here for information about Magistrates Court locations.

Where can I get more information?

 Last reviewed: 19/05/2010

Last Modified: 08/09/2010

Disclaimer

The material displayed on this page is intended for information only. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia believes that the information provided is accurate, however does not accept responsibility for any errors or omissions.