APPENDIX A

 

HISTORY OF THE VICTORIAN DEMERIT POINTS SCHEME

  

DEMERIT POINTS SCHEME AS PROPOSED IN 1969 BY

JOINT SELECT COMMITTEE ON ROAD SAFETY

Key aspects:

• Allocation of demerit points to be mandatory and recorded as of the date of the offence (not the date of conviction);

• For 12 demerit points accrued over 12 months - a six month suspension;

• For 12 demerit points accrued over 36 months - a three month suspension;

• Suspension expunges the demerit points related to the suspension;

• A warning letter be sent after half the demerit points for suspension have been accumulated;

• Offences that already had mandatory loss of licence provisions not be included in the demerit points scheme;

• Before licence restoration offenders should be required to attend a lecture or film.

OFFENCE

POINTS

Pedestrian and school crossings (all offences)

3

Exceeding a speed limit by more than 15 mph (25 km/h)

3

Failing to stop on red traffic signals

3

(Improper) overtaking or passing on a bridge

2

Failing to keep left

2

Driving an unroadworthy vehicle

2

Exceeding a speed limit by between 10 & 15 mph (16 & 24 km/h)

2

Failing to pass through an intersection at such speed as to be able to stop to avoid an accident

2

Careless driving

1

(Improper) overtaking or passing

1

Failing to observe a stop sign

1

Failing to pass left of a vehicle about to turn right

1

Failing to give way to pedestrians or vehicles when entering a highway

1

Failing to have lights on

1

Passing stationary trams

1

Driving to right of safety zone

1

Driving over double lines

1

Disobeying a traffic control signal

1

Exceeding a speed limit by not more than 10 mph (16 km/h)

1

Failing to give signals

1

Disobeying a traffic sign

1

Failing to have prescribed lights

1

 

DEMERIT POINTS SCHEME AS ENACTED IN DECEMBER 1969

Key aspects:

• Allocation of demerit points to be mandatory and recorded as of the date of the offence (not the date of conviction);

• For 12 demerit points accrued over 12 months - a six month suspension;

• For 12 demerit points accrued over 36 months - a three month suspension;

• Licence to be sent to Police on suspension;

• Appeals against suspension allowable on basis of wrongful recording of demerit points against the person or on the basis of miscalculation of demerit points;

• Suspension expunges the demerit points related to the suspension;

• A warning letter be sent after half the demerit points for suspension have been accumulated;

• Offences that already had mandatory loss of licence provisions not be included in the demerit points scheme.

OFFENCE

POINTS

Driver of vehicle with more than 540 gallons of flammable liquid not stopping at railway crossing

4

Pedestrian and school crossings offences

3

Exceeding a speed limit

2

Disobeying a traffic control signal

3

Overtaking or passing on a bridge when not permitted

2

Not keeping left of vehicle travelling in opposite direction

2

Driving an unroadworthy vehicle

2

Failing to pass through an intersection at such speed as to be able to stop to avoid an accident

2

Careless driving

1

Incorrectly overtaking or passing

1

Failing to obey a stop sign

1

Failing to pass to left of a vehicle about to turn right

1

Failing to give way to pedestrians or vehicles

1

Driving between sunset and sunrise without lamps being alight

1

Passing stationary tramcar

1

Driving to right of safety zone

1

Failing to keep left of double lines

1

Disobeying a minor traffic control item

1

Failing to give turn or stopping signals

1

 

DEMERIT POINTS SCHEME AS ENACTED IN DECEMBER 1969

Key aspects:

• These are largely as previously described.

• Major changes below were introduced in relation to the introduction of speed and red light cameras, together with owner onus.

• As part of the negotiations it was agreed that automatic camera offences should not incur demerit points below 30 km/h above the speed limit. Subsequently, on the basis of equity, it was agreed that other speed offences below 30 km/h would not incur demerit points.

 

OFFENCE

POINTS

Driver of vehicle with more than 540 gallons of flammable liquid not stopping at railway crossing

4

Pedestrian and school crossings offences

3

Exceeding a speed limit by 30 km/h or more

2

Disobeying a traffic control signal other than a traffic control signal displaying a red circle or a red arrow

3

Overtaking or passing on a bridge when not permitted

2

Not keeping left of vehicle travelling in opposite direction

2

Driving an unroadworthy vehicle

2

Failing to pass through an intersection at such speed as to be able to stop to avoid an accident

2

Careless driving

1

Incorrectly overtaking or passing

1

Failing to obey a stop sign

1

Failing to pass to left of a vehicle about to turn right

1

Failing to give way to pedestrians or vehicles

1

Driving between sunset and sunrise without lamps being alight

1

Passing stationary tramcar

1

Driving to right of safety zone

1

Failing to keep left of double lines

1

Disobeying a minor traffic control item

1

Failing to give turn or stopping signals

1

Source: VicRoads Submission to the Inquiry into the Demerit Points Scheme, November 1993, pp. 56-58