APPENDIX D

APPENDIX D

COMPARISON OF VICTORIAN DEMERIT POINTS SCHEME WITH

THOSE OF OTHER STATES AND TERRITORIES

DIFFERENCES IN OFFENCES AND DEMERIT POINTS SCORES

Attached is a table from the Royal Automobile Club of Victoria submission which compares the demerit points and offences in other States. (The offences shown in italics represent similar offences.) The key exceptions compared to Victoria are:

South Australia does not have 'Driving at night without headlights on';

New South Wales and South Australia have not adopted 'Following too closely'; and

Only Victoria and South Australia have tram-related offences.

All States except Victoria have many additional offences which accrue demerit points, particularly South Australia and Western Australia. (South Australian offences include blood alcohol, driving under the influence and dangerous driving.)

OTHER DIFFERENCES BETWEEN STATES

Whilst there is a considerable amount of commonality with regard to offences and demerit point scores there are some significant differences with other aspects of the enforcement, licensing and demerit points environments.

For example:

Alternatives to licence suspension

New South Wales cancels rather than suspends licences, requiring a holder to either obtain a 12 month 'probationary' licence or resuming driving on an unrestricted ordinary licence after three months (subject to passing a driver/rider licence knowledge test). The licence costs $112.

Queensland has a 'special provisional' licence available for $9.50.

Western Australia only has a statutory three month licence disqualification but is investigating a 'conditional' licence option.

Tasmania provides the option for the driver to retain their licence on a probationary basis. If licence cancellation occurs a $25 processing fee is required before another licence is issued.

In the Australian Capital Territory the 'probationary' licence costs $70.

Offences committed during conditional period

New South Wales, Queensland, Tasmania and the Australian Capital Territory allow one demerit point to be accrued under the 12 month conditional licence period whereas in Victoria no demerit points are permitted.

Appeals against suspension/cancellation

In New South Wales and the Australian Capital Territory it is possible to appeal to a Court. If successful in the Australian Capital Territory a special licence is issued at a cost of $59 for the three month period.

In Queensland the appeal is limited to grounds of extreme hardship.

In South Australia it is possible for a local Court to reduce the demerit points total from 12 to 10 giving the offender 'another chance'.

Western Australian drivers can obtain an 'Extra-ordinary' licence.

In Victoria appeals are only possible on the grounds of mistaken identity or incorrect calculation of the demerit points score.

Warning notices

New South Wales sends a warning letter where between eight and 11 demerit points have been accumulated within a three year period.

South Australia issues warning notices after six demerit points and for all occasions the demerit points advance beyond that number.

Queensland and the Australian Capital Territory send a warning letter when seven demerit points are accrued.

Western Australia presently does not issue warning notices but is investigating sending them at six (and subsequent) demerit points.

Tasmania sends a notice on the accumulation of nine demerit points.

Camera-detected offences

South Australia does not currently allocate demerit points for camera offences unless the driver has been clearly identified (eg. goes to Court).

In New South Wales the use of speed cameras has been significantly curtailed and a system of official cautions introduced.

There are only a few speed cameras in Western Australia and none in Queensland.

In Tasmania demerit points are not allocated for camera offences occurring within 21 days of a previous camera offence to enable adequate time for the first speeding notice to be received

Other features

New South Wales has a 'Gold' licence scheme offering a reduced (5-yearly) renewal fee for having a disqualification or cancellation free licence-renewal period.

South Australian legislation provides for a Consultative Committee which looks at the driving history of those who have accumulated 12 demerit points in a short period or who have accumulated a second aggregate of 12 demerit points. The Committee can recommend that a licence be cancelled, suspended or subject to restrictions.

In New South Wales, Queensland and Tasmania 'provisional' (ie probationary in Victorian terminology) drivers are only allowed to accrue four demerit points in a year. In the Australian Capital Territory drivers with provisional licences who accrue eight demerit points within three years receive a 3-month licence suspension and those with additional provisional licences (eg. who hold a full licence for a car and a provisional licence for a motorcycle) who accrue four demerit points in a year have their additional provisional licence cancelled for three months. In both cases the mandatory provisional licence periods are extended for a further 3-month period.

In Queensland learner permit holders who acquire four demerit points in 12 months have their permit cancelled for three months. If they again reach this demerit point limit the cancellation is for six months. (This also applies to provisional licence holders.)

In Tasmania, if disqualified for a second time within three years or a third time within six years the driver is disqualified for 6 or 12 months respectively.

Points	Victoria	New South Wales	Western Australia	South Australia	Queensland	Tasmania
6	Exceeding the limit by 45 km/h or more	Exceed speed limit by more than 45 km/h	Exceeding the speed limit by more than 44 km/h	Exceeding a speed limit by 45 km/h or more	Exceeding speed limit when the excess is 45 km/h or more	Exceeding the prescribed speed limit by 45 km/h or more
6			Dangerous driving – 1^st offence
6			Driving, or attempting to put a vehicle in motion, while under the influence of liquor or drug.
4	Driving at high speed (exceeding limit by 30 km/h or more, but less than 45 km/h)	Exceed speed limit by more than 30 km/h but not more than 45 km/h	Exceeding the speed limit by 30-44 km/h	Exceeding a speed limit by more than 30 km/h but not more than 45 km/h	Exceeding speed limit when the excess is 30 km/h or more but less than 45 km/h	Exceeding the prescribed speed limit by 30 to 44 km/h
4			Overtaking a vehicle that is stopped at a pedestrian’s crossing or a children’s crossing.
4			Offences relating to the use of contra flow bus lanes
3	Speeding (exceeding limit by more than 15 km/h but not as described above) or driving at excessive speed approaching an intersection, school or pedestrian crossing.	Exceed speed limit by more than 15 km/h but not more than 30 km/h	Exceeding the speed limit by 15 – 29 km/h	Exceeding a speed limit by more than 15 km/h but not more than 30 km/h	Exceeding speed limit when the excess is 15 km/h or more but less than 30 km/h	Exceeding the prescribed speed limit by 15 to 29 km/h
3			Driving in the right lane of a fast travel road at less than the speed limit.
3		Disobey "Truck and Bus Speed Limit"
3	Careless Driving	Negligent driving	Careless driving	Careless driving	Careless driving	Careless or negligent driving
3		Not have proper control of a vehicle.
3				Driving on footpath
3				Driving with a person on roof or bonnet
3				Driving with portion of body protruding from vehicle.

Points	Victoria	New South Wales	Western Australia	South Australia	Queensland	Tasmania
3				Permitting pedal cyclists to attach to or be drawn by vehicle.
3				Driving abreast of another vehicle
3				Driving in unlawful position
3				Driving motor cycle without at least one hand on handlebar
3				Driving on unsealed portion of road
3	Disobeying traffic signal, sign or police directing traffic	Disobeying traffic signal	Failing to stop when the signal at the traffic lights is red or amber	Failing to comply with traffic sign or traffic signal	Disobeying traffic control light signal	Failure to comply with a road sign
3		Drive contrary to ‘Stop’ sign	Failing to obey traffic signs	Driver disobeying traffic lights or signals or signs exhibited with traffic lights	Disobeying traffic signs except parking, stopping and standing signs.	Failure to observe traffic control signals
3				Failure to comply with stop sign or to stop at stop line.	Failure to comply with stop sign or stop at stop line.
3			Failure to stop when asked to by a Police Officer, or when approaching a Police Officer (from the front or rear) when he or she is controlling traffic.	Driver of vehicle failing to comply with directions of a member of the police force.	Disobeying police directions	Failure to observe the direction of a police officer or authorised officer.
3			Failing to obey signal of Police Officer, Fireman, Ambulance Officer and Railway employee	Driver failing to comply with the direction of member of police force or other authorised person, notwithstanding traffic control device.
3				Failure to stop a vehicle when requested by a member of the police force or an inspector
3				Driver failing to comply with direction or request of authorised person in connection with ferry

Points	Victoria	New South Wales	Western Australia	South Australia	Queensland	Tasmania
3				Failing to comply with a stop sign at or near ram or jetty leading to ferry or commencing to drive onto ramp or jetty before directed.
3		Disobey ‘Truck and Bus Lane.’
3		Disobey sign – ‘Trucks and Buses Must Use Low Gear’
3	Failing to give way	Disobey contrary to ‘Give Way sing’	Failing to give way to the right	Failing to give way at intersection or junction	Failing to give way	Failure to give way, or allow to process, any vehicle to the right.
3		Not give way at intersection	Failure to give way when turning right
3		Drive contrary to roundabout sign	Failure to give way at a terminating road or at a roundabout.
3			Failing to keep left of centre of roundabout
3		Not give way to pedestrian at marked foot crossing	Failure to give way at a pedestrians crossing or a children’s crossing	Failing to give way to pedestrian on pedestrian crossing	Failing to give way at pedestrian crossing or level crossing	Failure to give way to, or give precedence to, a pedestrian at any crossing marked in, or on a public street, or at any traffic control light signals.
3		Not stop and give way to pedestrian at children’s crossing.
3		Overtake stationary vehicle at marked crossing or children’s crossing.		Passing vehicle stopped at pedestrian crossing to give way to pedestrian
3				Failing to give way to pedestrian when turning at intersection or junction.
3			Failure to give right of way to emergency vehicles	Failing to give way to emergency vehicle.

Points	Victoria	New South Wales	Western Australia	South Australia	Queensland	Tasmania
3			Failing to stop at a railway crossing contrary to signs, or when it is unsafe to proceed	Driver failing to comply with restrictions on entering level crossings.
3			Driving around or under a gate, boom or barrier, at a railway crossing	Failing to stop certain vehicles at railway crossing
3			Failing to give way to vehicles and pedestrians when entering or leaving a road from a parking area or land next to the road.	Failing to give way at crossover
3				Failing to give way when entering road from private land
3		Not draw out from boundary of carriageway with safety		Failing to give way when entering road from stationary position at or near boundary of carriageway.
3			Failing to give right of way to an omnibus leaving from an embayment
3	Driving without wearing seat belt, riding a motorcycle without helmet or driving with unrestrained passenger under 18	Driver not wearing seat belt	Not following seat belt rules or seating positions in vehicles.	Driver of vehicle failing to wear seat belt	Failing to wear seat belt	Failure of driver to wear a seat belt
3		Driver not wearing approved safety helmet	Motorcyclists and their passengers who do not wear protective helmets.	Failing to wear safety helmet while driving a motor cycle	Motor cycle or moped driver failing to wear safety helmet.	Motorcyclists not wearing a helmet.
3		Drive with unrestrained child as passenger		Driving vehicle in which there is an unrestrained child under 1 year.	Driving while child or infant not restrained.	Failure of a driver to restrain a child under 17 years of age in an appropriate device.
3				Driving vehicle in which there is an unrestrained child of or above 1 but under 16 years.
3			Driving around or under a gate, boom or barrier, at a railway crossing.	Failing to stop certain vehicles at railway level crossing.

Points	Victoria	New South Wales	Western Australia	South Australia	Queensland	Tasmania
3	Driving on the wrong side of double lines or divided highway		Crossing double lines (unless you are turning off)	Failing to keep left of barrier lines	Crossing double centre line	Driving a vehicle so that parallel lines are not on the right, or offside, thereof.
3			Driving to the right of a median strip
3		Cross centre line at grade or curve
3		Cross unbroken line
3		Cross (or drive on) offside of unbroken separation line.
3		Not cross lane line or separation line with safety
3		Travel within 60 metres – heavy vehicle or caravan.
3		Not keep wholly within traffic lane		Failing to keep vehicle entirely within traffic lane or moving from a lane when movement cannot be made with safety.
3	Disregarding Notice of Unroadworthiness	Drive contrary to ‘not to use’ defect notice	Driving a vehicle which has been declared unroadworthy with a red defect notice.	Driving a vehicle contrary to terms of defect notice	Driving unroadworthy vehicle	Driving contrary to repair notice.
3	Risking colliding with alighting, boarding or waiting tram passengers.
3				Permitting vehicle turning right to obstruct tram or to stand in place likely to do so.
3		Not stop and supply particulars of accident
3				Driver opening or leaving open door or alighting from vehicle causing danger or impeding traffic
3				Driving in non-compliance with requirements relating to loads.

Points	Victoria	New South Wales	Western Australia	South Australia	Queensland	Tasmania
3		Not yield to overtaking vehicle
3			Failing to keep left of approaching vehicle.
3			Making a U turn when it is not safe to do so or when it blocks traffic flow.
3				Overtaking or attempting to overtake without clear view or creating risk of collision or danger
3				Failing to give way to vehicle coming from opposite direction when making right turn or U-turn or proceeding across road after making such a turn at place other than intersection or junction.
3				Entering or attempting to drive across blocked intersection
2	Failing to keep left	Not keep left	Failing to keep left	Failing to keep left	Failing to keep left	Failure to keep a vehicle to the left, or near side, or to the left of the centre of a street or carriageway
2		Not keep left on multi-laned road
2				Failing to keep left when passing tram.
2	Improper overtaking or passing	Overtake on kerbside	Improperly overtaking another vehicle	Overtaking on left	Improper overtaking or passing	Overtaking, or passing contrary to traffic regulations.
2		Overtake turning lorry	Crossing the centre line of carriageway when you do not have a clear view of the road ahead	Overtaking otherwise than on left of vehicle signalling a right turn.		Failure to keep wholly within a traffic lane or failure to indicate an intention to change traffic lanes, or changing traffic lanes when it is not safe to do so.
2				Falling to keep left of oncoming vehicle.

Points	Victoria	New South Wales	Western Australia	South Australia	Queensland	Tasmania
2			Failing to let another driver overtake	Failing to move to left, or increasing speed, when being overtaken
2	Turning or stopping without signalling	Not give proper signal	Failure to give proper signals	Failing to give appropriate turning or stopping signal	Failing to signal intentions	Failure to indicate an intention to turn or stop
2				Failing to ensure signalling device switched off
2	Turning improperly	Not make right-hand turn safely	Turning improperly	Failure to turn right at intersection or junction properly	Improper turns	Turning, or attempting to turn, contrary to traffic regulations.
2		Not make left-hand turn safely
2		Not make right-hand turn in prescribed manner
2		Not make left-hand turn in prescribed manner
2		Make unlawful U turn
2		Not make U turn safely	Making a ‘U-turn’ when it is not safe to do so or when it blocks traffic flow.
2			Making a U0turn at an intersection where a traffic control signal is operating	Making a U turn at traffic lights
2			Driving a vehicle when you do not have full control of the car, or when you do not have a clear view of the road
2			Entering or attempting to cross a blocked intersection
2			Improper driving in a laned carriageway or single line of traffic or at the approach side of an intersection.
2		Drive vehicle towing excess weight

Points	Victoria	New South Wales	Western Australia	South Australia	Queensland	Tasmania
2		Ride motorcycle towing other vehicle
2		Not comply with conditions of provisional licence
2		Unauthorised carriage of pillion passenger
2			Racing another vehicle
2			Unlawful reversing out of centre parking area
2			Failing to stop at a railway crossing when carrying explosives
2			Intentional obstruction of carriageway
1	Failing to dip headlights	Failing to dip headlamps	Failing to dip high beam headlights at night within 200m of approaching vehicles	Failing to dip headlamps	Failing to dip headlamps	Failure to dip headlights in the face of oncoming traffic
1	Driving at night without headlights and tail lights on.	Driver without headlamp alight	Driving at night without headlights on		Driving during hours of darkness without lamps alight	Headlamps not on.
1	Following too closely		Following to closely behind another vehicle		Following too closely	Follow too closely
1	Exceeding a speed limit by 15km/h or less	Exceed speed limit by not more than 15 km/h	Exceeding speed limit by 10 to 14 km/h	Exceeding a speed limit by not more than 15km/h	Exceeding speed limit when the excess is less than 15km/h	Exceeding the prescribed speed limit by less than 15 km/h
1		Drive contrary to ‘time to repair’ defect notice	Driving a vehicle which has been declared unroadworthy with a yellow defect notice		Driving unroadworthy vehicle – minor defect