If you are hoping to apply for a work licence or special circumstances licence then please read my page about how to apply for a work licence. Taking a 12 month option to extend your points period. If you have elected to take the 12 month demerit point extension option, then you have agreed not to commit any offence that incurs demerit points during the 12 month period set by VicRoads in the letter sent to you.
So, during that 12 month period you must not commit any driving offence anywhere that carries points. Any demerit points that have been counted and relied on to send you an option letter can not be used again to found a fresh option letter, so effectively they are spent and can be disregarded in the future.
Any offences you commit outside the 12 month period, regardless when the points are recorded, can not breach your option and are not relevant to your 12 month option period. Those points simply go on your record, like all demerit points do. You can commit an offence the day prior to the commencement of the 12 month option period and it will have no effect on your option period regardless when the fine is paid or when the points are recorded.
If you are guilty of a demerit points offence committed during the 12 month demerit point extension period, then you will receive a notice of suspension of your licence.
It does not matter how long it takes for you to be found guilty of the points offence, nor does it matter how long it takes for the points to get recorded against you.
All that matters is whether or not you committed a relevant points offence during the 12 month option period. The start and end date of the 12 month period is chosen by VicRoads. The period is stated in the option letter. It usually starts about a week after the deadline for taking the election. If you commit a demerit points offence during that 12 month period and demerit points are eventually recorded against you, then you will be sent a letter telling you that your licence will be suspended for a period of at least 6 months - or more than that if you accrued more than 15 demerit points prior to receiving your option letter.
Vicroads can take as long as they like to record the points and they decide when to send you the option letter. You can not be sent any option letter unless you hold a current Victorian driver's licence.
So if you just lost your licence for 4 years for drink driving and also got 3 points for careless driving, you won't get any option letter or suspension letter resulting from those points until you have completed the licence restoration process and obtained a Victorian licence at the expiration of the 4 years disqualification period.
If you commence a 12 month option period and during it your Victorian licence is cancelled or suspended or exchanged for an interstate licence, the 12 month option period continues to run.
This means you are still at risk of breaching your 12 month option if you commit any points offence during the 12 month period. The breach will usually be activated next time you hold a Victorian licence although VicRoads now has power to disqualify people who do not hold any Victorian drivers licence.
It is possible to receive an option letter, take the option, and then prior to the 12 month period commecing a further 12 points or 5 points for P platers is recorded and a second option letter is sent to you.
In this situation, you should take option 1 on each option letter, or option 2 on each, but do not ever mix option 1 with option 2. It is a big disadvantage to overlap a 12 month option period with a 3 month suspension period.
Likewise, if you receive a demerit points suspension letter and at the same time you receive an option letter you will be much better accepting the suspension period on the option letter rather than taking one as a suspension and the other as a 12 month option. Breaching your 12 month option.
If you commit a demerit points offence during the 12 month period that VicRoads has set as your extended demerit point period and points are recorded for that offence, VicRoads will send you a licence suspension notice.
The period of suspension is usually 6 months, but can be 8, 10 or more months if you had a large number of points at the time you took your option. VicRoads' letter states that your licence suspension will commence 4 weeks after the date of the letter. There is no way of avoiding that suspension unless you can cancel points that have been recorded against you, or you cease to hold a Victorian licence.
Delaying the recording of demerit points. Some people think that they won't breach their 12 month option if they delay payment of their fine or delay their court case until after the end of their 12 month option period.
That is incorrect. Surprisingly the people who designed the demerit points system are not as stupid as you hoped. Delaying your court case will not change the date on which you committed your offence. If you delay paying your fine or delay your court case for years it will simply delay the commencement of your licence suspension period. Getting your points back.
In Australia it is impossible to lose demerit points. So they are never coming back. You get points, not lose them. Many people, even the police, do not understand this important distinction. You will fall into error when working out your points situation if you think your points are going to come back after 3 years. When you accrue demerit points they will stay on your record forever. The only thing that matters is whether during any period of three years you have committed offences that accrued 12 or more points.
Some people tell me they have 3 points left, or they are down to their last point. This is incorrect, because there is no limit to the number of points you can incur.
If you put all your offences on a line graph you can see what offences you committed within 3 years of each other. The three year period could be 5 or 10 years ago.
The date you pay the fine or are convicted at court is totally irrelevant and plays no part in the calculations. So you can not avoid accumulating 5 or 12 points by delaying paying the fine or by adjourning your court case. If your points are more than three years old they do not disappear. They will forever form part of many different three year periods. If you are a P plater, then you also have a 12 month period to worry about: P platers must not get 5 points in 1 year, or 12 points in any 3 years.
Some people mistakenly think their demerit points are like a carton of eggs: they start with a dozen and lose some over time, and three years after they lose an egg it will be returned to them, and if they can delay paying a fine then they delay losing the egg, and provided they have at least one egg left in the carton then they are safe.
The demerit point system is nothing like that. In reality, you start with zero points and you count up to a million. You must treat it as a time line, and on each date that you commit an offence that carries points, count back 3 years from the date of the offence and see if you have incurred 12 or more points in that period, then count forward 3 years from the date of the offence to see if you have got 12 of more points.
So you need to cover a 6 year period. If you do that every time you commit an offence that carries points, as well as each occasion when the points are actually recorded on the system, you should get it right. Each time an option letter is sent, all the points that are recorded as of the date of the option letter are treated as used and can not be used again to create a further option letter. So they will no longer count against your total. If you receive an option letter, then as of the date of the letter all the points mentioned in that option letter have been used and you are most likely back to zero points within a 3 year period.
If you commit a demerit point offence one week after you get the option letter but before your 12 month option period commences, that point will fall within a fresh 3 year period and can not breach an option period that has not yet commenced.
Demerit Points Appeals s. Any person who is faced with licence suspension arising from demerit points is entitled to appeal to a Magistrates Court against the suspension of their drivers licence. There are very limited grounds of appeal. You can appeal only if VicRoads has wrongly recorded demerit points against you.
You have a right of appeal whenever you receive a letter from VicRoads that informs you that your licence is about to be suspended because of demerit points. So you can appeal when you receive the option letter and also when you breach your 12 month option. The appeal is lodged at a Magistrates court and there is no court fee. The deadline for lodging it is 28 days after the date that the licence suspension commences.
When you file your appeal notice you will also want to file an application for permission to drive pending the hearing of the appeal - s. A Magistrate can stay the suspension of your drivers licence only if the Magistrates accepts that your appeal has reasonable prospects of success. However, if you have had your licence cancelled or suspended for any reason within the 3 years prior to the hearing of your application, the court must not grant the stay even if it accepts it is highly likely that VicRoads has totally stuffed up your points!
In a demerit points appeal, it is not possible to argue that you are not guilty of the offence that caused demerit points to accrue. It is not possible for the court to take into account the circumstances of your offences, or to determine whether or not you were driving at the time of an offences, or to take into account how badly you need your licence, or to take into account how you are actually a top bloke and always a very careful driver, or for the court to impose any fine or other type of penalty as an alternative to licence suspension.
The only things a Magistrates Court is allowed to do at a demerit points appeal is to verify the calculation of your points. Most of the time VicRoads does a very good job at calculating and recording your demerit points. After points accrue it is sometimes possible to reverse the points and defend the offence in court. In demerit points appeals VicRoads lawyers will come to court and attempt to justify the basis upon which VicRoads has recorded demerit points against you.
It is not easy to avoid a demerit points suspension by appealing to the court. Too many people email me with lame questions about demerit points appeals so I will explain it very clearly one more time just for those of you who are forgetful: neither VicRoads nor the court can ever take into account the reason why you accrued points or why it's important for you to have a licence or what a top bloke you really are. The only thing that matters is whether the points have been recorded correctly.
Lodging an appeal so you can tell the Magistrate about your hard luck story will always be a complete waste of your time and money. There is usually a couple of months wait before an appeal is heard. A copy of the appeal notice must be served on VicRoads. The case is listed initially for a mention date.
It might then be adjourned for a hearing date. VicRoads will engage lawyers to oppose the appeal. It is common for VicRoad's lawyers to write to appellants and make threatening claims for legal costs unless the appeal is withdrawn. If the appeal is dismissed, the court will decide the date when the licence suspension commences. You should seek legal advice before lodging a demerit points appeal. Lodge notice. Change address. We are improving accessibility to online services for hand-held and mobile devices by upgrading its system.
Until this system upgrade is complete, it is advised that online services be accessed by a desktop or laptop computer. Check Demerit Points Sign up for an online account List of demerit points and fines For a list of all demerit points and fines, click here Learner drivers and demerit points For information on Learner drivers and the demerit points scheme, click here.
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