Certain driving offences incur demerit points. If you accumulate 100 or more demerit points in any two-year period, your licence can be suspended for three months.
Demerit points are given for all speeding infringements (except those recorded by speed camera), some traffic offences and for breaching licence conditions, eg a learner driver unaccompanied by a supervisor or a restricted driver carrying unauthorised passengers.
Demerit points also apply to some alcohol-related infringements and offences, for example, points can also be allocated in conjunction with a court disqualification where the court chooses to disqualify a person for less than six months.
Demerit points remain active on your licence record for a period of two years from the date of the offence. However, if the court disqualifies you for a period of six months or more, any active demerit points recorded on your licence record at the time will be cancelled and will no longer contribute to your active demerit point total.
If you accumulate 100 or more active demerit points within any two-year period, your licence will be suspended for a period of three months and you will not be entitled to drive. The suspension period begins as soon as the demerit suspension notice is served on you by the Transport Agency, the police or an authorised agent of the Transport Agency. Any active demerit points recorded on your licence record at the time will be cancelled and will no longer contribute to your demerit point total.
At the end of your demerit suspension, you’ll be unlicensed and not entitled to drive until you’ve reinstated your licence.
Find out how to get your licence back after your suspension ends
Download Factsheet 55: Driving offences and penalties [PDF, 261 KB]
See below for the offences that incur demerit points, and the number of demerit points for each of those offences.
| General description of offence | Demerit points |
|---|---|
| Exceeding the speed limit fixed by not more than 10 km/h | 10 |
| Exceeding the speed limit by more than 10 km/h but not more than 20 km/h | 20 |
| Exceeding the speed limit by more than 20 km/h but not more than 30 km/h | 35 |
| Exceeding the speed limit by more than 30 km/h but not more than 35 km/h | 40 |
| Exceeding the speed limit by more than 35 km/h | 50 |
| Using, in a motor vehicle, equipment that interferes with operation of speed measuring device | 25 |
| Possessing, in a motor vehicle, equipment that is designed to interfere with operation of speed measuring device | 25 |
| Exceed speed for stopping distance | 20 |
| Exceed speed for stopping distance on road not marked in lanes | 20 |
| General description of offence | Demerit points |
|---|---|
| Driver uses mobile phone while driving a vehicle | 20 |
| General description of offence | Demerit points |
|---|---|
| Drives motor vehicle contrary to the GDLS conditions of your driver licence (excluding the requirement to display L plates) | 35 |
| Failure to display L plate as required | 25 |
| Drives a motor vehicle contrary to the non-GDLS conditions of your driver licence | 25 |
| Drives in breach of conditions applying to stage 2 of accelerated licensing process | 35 |
| Drives in breach of conditions applying to stage 3 of accelerated licensing process | 35 |
| General description of offence | Demerit points |
|---|---|
| Operating unregistered motor vehicle by driving or using it on road in contravention of section 242(1) of the Land Transport Act 1998 | 20 |
| Operating unlicensed motor vehicle by driving or using it on road in contravention of section 242(1) of the Land Transport Act 1998 | 15 |
| Operating motor vehicle on road without plates affixed | 20 |
| Using trade plate when not eligible | 20 |
| Operating motor vehicle displaying plates or licence not authorised for that motor vehicle | 25 |
| Operating motor vehicle displaying object or design likely to be mistaken for plates or licence authorised for that motor vehicle | 25 |
| Operating motor vehicle with plates or licence that is wholly or partially obscured or not easily distinguishable | 25 |
| Operating motor vehicle with temporary exemption granted under regulation 20 of the Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011 | 20 |
| Failure to operate a motor vehicle with an exhaust system that complies with relevant noise output standards | 25 |
| Operate vehicle that creates excessive noise | 25 |
| Create excessive noise within or on vehicle | 25 |
| General description of offence | Demerit points |
|---|---|
| Failure or refusal to remain for evidential breath test or blood test | 50 |
| Person younger than 20 driving or attempting to drive with excessive breath alcohol or blood alcohol concentration | 50 |
|
Driving or attempting to drive with breath alcohol exceeding 250 micrograms but not exceeding 400 micrograms |
50 |
|
Driving or attempting to drive with blood alcohol exceeding 50 milligrams but not exceeding 80 milligrams |
50 |
|
Driving or attempting to drive with blood alcohol exceeding 50 milligrams but not exceeding 80 milligrams and failing or refusing to undergo an evidential breath test |
50 |
| Driving or attempting to drive with blood containing evidence of use of one qualifying drug | 50 |
| Driving or attempting to drive with blood containing evidence of use of 2 or more qualifying drugs | 75 |
| Driving or attempting to drive with blood containing alcohol and evidence of use of one qualifying drug | 75 |
| Failure or refusal to wait for the result of a breath screening test or an evidential breath test | 50 |
| Failure to stop on request or signal of an enforcement officer, or on being followed by motor vehicle displaying flashing blue, or blue and red, lights or sounding a siren | 35 |
| Failure to remain stopped for an enforcement officer | 35 |
| Driving or attempting to drive when forbidden by an enforcement officer | 35 |
| Failure or refusal to accompany an enforcement officer when so required | 50 |
| Person fails to produce zero alcohol licence | 25 |
| Holder of an interlock licence or zero alcohol licence contravenes specified breath or blood alcohol level | 50 |
| General description of offence | Demerit points |
|---|---|
| Person produces logbook with 1–5 omissions | 10 |
| Person produces logbook with 6–10 omissions | 20 |
| Person produces logbook with 11 or more omissions | 30 |
| Person fails to produce logbook | 35 |
| Requirement to produce approved alternative record to an enforcement officer on demand | 35 |
| Vehicle recovery service vehicles (requirement to complete and retain tow authorities) | 35 |
| Requirement on driver or contractor working within an alternative fatigue management scheme to keep records | 35 |
| Taxi driver must not accept hire in specified area unless taxi is fitted with an in-vehicle security camera system that is operating | 20 |
| Taxi driver must not accept hire in specified area unless taxi is fitted with an in-vehicle security camera system that has an unobscured view of the interior | 20 |
| General description of offence | Demerit points |
|---|---|
| Drive or ride all terrain vehicle, motorcycle, or moped without securely fastened approved helmet | 25 |
| Drive or ride all terrain vehicle, motorcycle, or moped with damaged, etc, safety helmet | 25 |
| General description of offence | Demerit points |
|---|---|
| Driver fails to give way at pedestrian crossing | 35 |
| Driver enters pedestrian crossing when passage blocked | 35 |
| Driver of vehicle fails to give way to pedestrian on shared zone | 35 |
| Fail to comply with school patrol sign | 20 |
| Passing at school crossing point or pedestrian crossing | 20 |
| General description of offence | Demerit points |
|---|---|
| Driver fails to give way to rail vehicle approaching level crossing | 20 |
| Drive etc, cycle, vehicle, or animal across level crossing when risk of collision with rail vehicle | 20 |
| Fail to comply with stop sign at level crossing | 20 |
| Fail to remain stationary at stop sign until level crossing clear | 20 |
| Driver enters controlled area of level crossing when red signal displayed | 20 |
| Driver enters controlled area of level crossing when barrier arm lowered | 20 |
| General description of offence | Demerit points |
|---|---|
| Fail to drive as near as practicable to the left of the roadway | 20 |
| Fail to allow impeded traffic to pass | 20 |
| Unsafe passing | 35 |
| Impeding vehicle when passing | 35 |
| Passing to right of no-passing line | 35 |
| Drive in emergency stopping lane | 10 |
| Fail to comply with handheld stop sign | 20 |
| Driver fails to stop at stop sign | 20 |
| Driver fails to give way at stop sign | 20 |
| Driver fails to give way at give-way sign | 20 |
| Driver fails to give way at give-way sign controlling a one-way section of road | 25 |
| Driver of vehicle changing lanes or turning fails to give way to vehicle not changing lanes or turning | 20 |
| Driver of right-turning vehicle fails to give way to an approaching left-turning vehicle | 20 |
| Driver at intersection fails to give way to vehicle approaching from right | 20 |
| Driver on terminating road approaching or crossing a T intersection fails to give way | 20 |
| Driver fails to give way to road user on footpath when entering/exiting driveway | 20 |
| Driver fails to give way to a vehicle on roadway when exiting driveway | 20 |
| Driver entering roundabout fails to give way | 20 |
| Drive too close to vehicle in front | 20 |
| Exceed speed for stopping distance | 20 |
| Exceed speed for stopping distance on road not marked in lanes | 20 |
| Driver permits riding dangerously | 20 |
| Careless or inconsiderate use of motor vehicle | 35 |
