Demerit point offences
It is important to understand that aside from the penalty imposed at Court for a driving offence, VicRoads will, for certain charges, also attach demerit points to your licence. All demerit point offences can be found on the VicRoads website, and the below is current as at April 2023.
Elements of the offence
Offence | Demerit Points |
- Level crossing offences
- Using a device (inbuilt, mounted, portable, wearable or a motor bike helmet device) illegally while driving
- Touching a portable device while driving
- Driving a fatigue-regulated heavy vehicle in contravention of maximum work requirement (critical risk offence)
- Driving a fatigue-regulated heavy vehicle in contravention of minimum rest requirement (critical risk offence)
| If you are found guilty of any of these charges, you will receive 4 demerit points for each offence. |
- Exceeding the speed limit by 10 km/h or more but less than 25 km/h
- Disobeying traffic lights, signs or police or authorised person directing traffic
- Failing to give way, or stop, or remain stopped
- Driving without wearing an approved helmet (motorcycle), or a properly adjusted and fastened seat belt
- Driving with an unrestrained passenger, a passenger sharing the same seat as another passenger or a passenger in or on part of the vehicle not designed for passengers or goods
- Driving on the wrong side of double lines or divided highway or painted island
- Risk colliding with exiting, boarding or waiting tram passengers
- Holder of motorcycle learner permit or licence for less than 3 years riding a motorcycle that is not a learner approved motorcycle or carrying a pillion passenger
- Driving a fatigue-regulated heavy vehicle while impaired by fatigue
- Driving a fatigue-regulated heavy vehicle in contravention of maximum work requirement (severe risk offence)
- Driving a fatigue-regulated heavy vehicle in contravention of minimum rest requirement (severe risk offence)
- Driving contrary to a major defect notice
- Careless driving
- Driving with an obscured or improperly displayed number plate
- Failure to display P plates
- Probationary driver who drives a probationary prohibited vehicle on a road
- P1 probationary driver or corresponding novice driver driving a motor vehicle with more than one peer passenger
- P1 Probationary driver previously suspended or cancelled for an offence who drives in breach of the passenger restriction required by regulation 60(2) of the Road Safety (Drivers) Regulations 2009
- Driving the wrong way on a one way service road
| If you are found guilty of any of these charges, you will receive 3 demerit points for each offence. |
- Improper overtaking or passing
- Turn or stop without signalling
- Turn improperly
- Fail to keep left
| If you are found guilty of any of these charges, you will receive 2 demerit points for each offence. |
- Exceed speed limit by less than 10km/h*
- Driving contrary to a minor defect notice
- Fail to dip headlights
- Driving at night or in hazardous weather conditions without headlights and tail lights on
- Follow too closely
| If you are found guilty of any of these charges, you will receive 1 demerit points for each offence. |
What do I do now?
To ensure the best chance of a successful outcome, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in navigating the Court process.
Contact our office today to speak to an accredited criminal law specialist, on (03) 9077 4834 or at admin@emmaturnbull.com.au
