APPENDIX B

APPENDIX B

VICTORIAN DEMERIT POINT LEGISLATION

(CONTAINED IN SECTIONS 25 AND 26 OF THE ROAD SAFETY ACT 1986 AND

REGULATIONS 230-233 AND SCHEDULE 3 OF THE ROAD SAFETY (PROCEDURES)

REGULATIONS 1988)

Road Safety Act 1986

Demerits Register

(1) The Corporation must keep a Demerits Register and must record against a person any demerit points that are incurred by that person.

(2) The circumstances in which demerit points are incurred, and the number of points incurred, are as prescribed.

(3) The Authority must serve a notice in the prescribed form on the holder of a driver licence who incurs 12 or more demerit points within any 3 year period.

(3A) A person on whom that notice is served may, within 21 days after service of the notice, notify the Authority that he or she elects to extend the demerit point period.

(3B) If a person notifies the Authority of his or her election under sub-section (3A), the Authority must, if the person incurs 1 or more additional demerit points in relation to any offence committed within the 12 month period after the date of the notice under sub-section (3)-

(a) by notice in the prescribed form served on the person, suspend his or her driver licence for 6 months; and

(b) cancel all demerit points recorded against the person.

(3C) If a person notifies the Authority of his or her election under sub-section (3A), the Authority must, if the person incurs no additional demerit points in relation to offences committed within the 12 month period after the date of the notice under sub-section (3), cancel all demerit points that were recorded against the person more than 3 years before the end of that 12 month period.

(3D) If a person on whom a notice under sub-section (3) is served does not, in accordance with sub-section (3A), notify the Authority of his or her election under sub-section (3A), the Authority must-

(a) by notice in the prescribed form served on the person, suspend his or her driver licence for 3 months; and

cancel all demerit points recorded against the person.

(4) The suspension of a driver licence under this section takes effect on and from the day specified in the notice served under sub-section (3B) (a) or (3D) (a).

(5) The circumstances in which demerit points are cancelled are as prescribed.

(6) The fact that demerit points are recorded against the holder of a driver licence is not admissible in evidence in any court proceedings other than proceedings on an appeal under section 26 (1) (c).

Appeal to Magistrates' Court

26. (1) If the Corporation decides to-

(a) refuse an application for a driver licence, a driver licence variation or a permit; or

(b) in accordance with section 24, suspend, cancel or vary in any way a driver licence or permit; or

S. 26 amended by Nos 44/1989 s. 41 (Sch. 2 item 34.4),57/1989 s. 3 (Sch. item; Para. (c) amended by Nos 53/1989 s. 5(4).

the applicant or holder may, in accordance with the regulations and subject to sub-section (2), appeal against that decision to the Magistrates' Court.

(2) An appeal under sub-section ( I ) (c) may only be made on either or both of the following grounds:

(a) That demerit points have been recorded against the appellant in error or because of wrongful or mistaken identity;

(b) That a miscalculation has been made in assessing the total number of demerit points incurred by the appellant.

(3) The giving, in accordance with the regulations, of a notice of appeal under sub-section (I) (c) stays the suspension of the licence pending the decision of the appeal.

(4) On an appeal under sub-section ( 1) the court must-

(a) re-determine the matter of the refusal, suspension, cancellation or variation; and

(b) hear any relevant evidence tendered by the appellant or the Corporation; and

(5) If the court is satisfied that the refusal, suspension, cancellation or variation-

(a) results from a driving disqualification of the appellant in another State or Territory of the Commonwealth; or

(b) was required by the regulations or section 25-the court must confirm the decision of the Corporation.

(6) On an appeal under sub-section (1) (c) the court may-

(a) in allowing the appeal, give to the Corporation any directions it thinks proper for the amendment of the Demerits Register; or

(b) in dismissing the appeal, order that the suspension take effect from a date specified in the order.

(7) Every decision of the Magistrates' Court on an appeal under this section is final and conclusive and must be given effect to by the Corporation.

Road Safety (Procedures) Regulations 1988 S.R. No. 28/1988
How demerit points are incurred

230. (1) In this regulation-

"Appropriate number of demerit points" in relation to a relevant offence, means the number of demerit points indicated in an entry in Column 3 of Schedule 3 corresponding to that offence.

Reg. 230 substituted by S.R. No. 267/1989 reg. 5

"Relevant offence" means an offence described in Columns 1 and 2 of Schedule 3 or an offence against the law of another State or Territory which corresponds to an offence described in those columns.

(2) The Corporation must record the appropriate number of demerit points against a person if the person-

(a) is convicted of a relevant offence; or

(b) pays the penalty specified in an infringement notice issue in respect of a relevant offence; or

(d) is a person against whom an enforcement order has been made and not revoked under Part VIIIA of the Magistrates (Summary Proceedings) Act 1975 with respect to a relevant offence.

(3) The Corporation must record against a person who does not hold a driver licence any demerit points that the person would have incurred if the person held a driver licence.

(4) Demerit points recorded against a person under sub-regulation (3) must be treated as demerit points recorded against the holder of a driver licence if the person subsequently obtains a driver licence.

Notices to licence holder if too many demerit points

231. (1) A notice is in the prescribed form for the purposes of section 25 (3) of the Act if it contains-

Reg. 231 substituted by S.R. No. 267/1989 reg. 5 (2).

(a) details of the driver licence; and

(b) the period during which the demerit points were accumulated; and

(c) particulars of the relevant offences including the date of the offence and the demerit points recorded in respect of the offence; and

(d) details of the licence holder's right of election under section 25 (3A) of the Act and the consequences of exercising or failing to exercise that right.

(2) A notice is in the prescribed form for the purposes of section 25 (3B) (a) or 25 (3D) (a) of the Act if it contains-

Reg. 232 revoked by S.R. No. 267/1989 reg. 5 (2).

(a) a reference to the notice served under section 25 (3) and to the licence holder's response or failure to respond to that notice; and

(b) (in the case of a notice under section 25 (3B) (a) of the Act) particulars of the offence committed within the 12 month period after the date of the notice referred to in paragraph (a) and of the demerit points incurred in relation to that offence; and

(d) information about the licence holder's right of appeal to a Magistrate's Court; and

(e) the place to which the licence holder must send or take the licence.

Special provision about demerit point appeals

233. (1) For the purposes of section 26 (3) of the Act, notice of appeal is given when notice in writing of the appeal, endorsed by the clerk of the Magistrates' Court in accordance with regulation 228, is served on the Corporation.

Reg. 233 amended by S.R. No. 2671 1989 reg. 9 (b)

(2) Notice in writing of discontinuance of appeal must be-

(a) lodged with the clerk of the Magistrates' Court; and

(b) served on the Corporation-not less than 4 days before the hearing day.

(3) If notice of discontinuance of appeal under section 26 (1) (c) of the Act is lodged with the clerk of Magistrates' Court, the suspension of the person's licence has effect on and from the day the notice is lodged.

Regulation 230

SCHEDULE 3

DEMERIT POINTS

Sch 3 substituted by S.R. No. 267/1989 reg. 7.

Note: The following abbreviations are used in this Schedule:

LGA- Local Government Act 1958

LGB-A local law fixing a speed limit under the Local Government Act 1989

RSA-Road Safety Act 1986

TA- Transport Act 1983

DG(T)R - Dangerous Goods (Transport) Regulations 1987

RS(T)R - Road Safety (Traffic) Regulations 1987

Column 1 Description Of Offence	Column 2 Victorian Reference	Column 3 No. of Points	Column 4 Schedule 6 Code Reference
1 . Exceed a speed limit by 45km/h or more.	TA224, LGA 543, LGB, RS(T)R 1001	6	2006 2007
2. Follow to closely.	RS(T)R 510	4	2136
3. Exceed a speed limit by 30km/h or more but less than 45km/h	TA 224. LGA 543, LGB RS(T)R 1001	4	2003 2005
4. Exceed a speed limit by more than 15km/h but less than 30km/h or drive at excessive speed approaching an intersection, or school or pedestrian crossing.	RS(T)R 602 (1),701 (1), 702 (1), LGA 543. LGB, TA 224, RS (T)R 1001	3	2001
5. Disobey traffic control signal, sign, or police directing traffic.	RS(T)R 202 (drivers only), 401(1),402	3	2101 2102 2104 2137
6. Failing to give way.	RS(T) 511 (b), 602 (3), (7), 603 (3), 604 (1), (4), 605, 606.702 (2), (4), 706,707 (1), 901, DG(T)R 300 as it relates to the Australian Code for the Transport of Dangerous Goods by Road and Rail Section 8.3.11.6.	3	2011 2012 2013 2014 2021 2022 2024
7. Drive without wearing seat belt or helmet or drive with unrestrained passengers under 18.	RS(T)R 1506 (1) where the person was driving the vehicle, 1507, 1503 (4), (5)	3	2081 2082 2083 2085 2087
8. Drive on wrong side of double lines, or divided highway.	RS(T)R 509, 511 (a)	3	2032 2033
9. Risk colliding with alighting boarding or waiting tram passengers.	RS(T)R 1401, 1402,1403	3	2023 2034
10. Disregard Notice of unroadworthiness	RS(T)R 602 (5)	3	2143
11. Drive carelessly	RSA 65	3	-
12. Overtake or pass improperly	R5(T)R.502 (1) (2) (3) (5) (7) (8), 504, 505, 507 (2)	2	2031 2039 2041 2042 2043 2044
13. Turn or stop without signalling	RS(T)R 803	2	2051
14. Turn improperly	RS(T)R 603 (1) (a) (2), 801, 802 (1), (2),(4), 805 (2)	2	2061 2062
15. Fail to keep left	RS(T)R 512, 501	2	2035 2037
16. Fail to dip headlights	RS(T)R 1202	1	2073
17. Drive at night without headlights and tail lights on	RS(V)R 811, 812	1	2071
18. Exceed a speed limit by 15km/h or less	TA224, LGA 545, LGB, RS(T)R 1001	1	2002