Double Demerit Points in Queensland - Everything You Need to Know
Queensland drivers accumulate demerit points if and when they commit traffic offences. A key aspect of this system is the concept of double demerit points. These double points apply year-round for repeat offences within specific categories and aim to serve as more severe deterrents to repeat offenders. As traffic lawyers, we work with countless clients that have had their licence suspended or have been caught committing some kind of traffic offence. As such, we know everything there is to know about double demerit points in QLD. Let’s look at it all a little bit closer.
What Are Demerit Points?
Demerit points are penalties recorded against your traffic history for committing specific driving offences. In Queensland, these points serve as a deterrent for unsafe driving behaviours. Unlike some misconceptions, drivers do not “lose” points; instead, points are added to their record when they breach road rules.
The severity and type of the offence determine how many demerit points are assigned. For example:
- Speeding Offences: Minor speeding incurs 1 to 3 points, while excessive speeding (over 40 km/h above the limit) can attract up to 8 points.
- Mobile Phone Usage While Driving: Any illegal use of a mobile phone results in 4 demerit points.
- Seatbelt Violations: Failing to wear a seatbelt or not ensuring passengers are restrained can lead to 3 to 4 points.
Points are recorded on your traffic history when:
- A fine is paid or referred to the State Penalties Enforcement Registry (SPER).
- A court convicts you of the offence.
- You are issued an order for an interstate offence.
Accumulating too many points within a specified timeframe can result in licence suspension or additional penalties, reinforcing the importance of adhering to road safety laws.
How Many Demerit Points Before Losing Your Licence?
The number of demerit points you can accumulate before facing a licence suspension or other sanctions depends on your licence type:
- Learner Licence: 4 or more points within a 12-month period.
- Provisional Licence: 4 or more points within a 12-month period.
- Open Licence: 12 or more points within a three-year period.
If you exceed these limits, you may receive a suspension notice or be offered the option to enter a good driving behaviour period. Choosing the good behaviour period requires you to avoid accumulating more than one point within the next 12 months. Failing to comply will result in an extended licence suspension.
How Do Double Demerit Points Work in Queensland?
Queensland’s double demerit point system operates year-round, unlike some states where it only applies during holiday periods. It applies to second or subsequent offences within a 12-month period for certain categories. Here’s how it works in greater detail:
- Second or Subsequent Offences: The second offence doesn’t have to be identical to the first but must fall within the same offence group (e.g., mobile phone use, speeding, or seatbelt violations). This means that any offence in the same category triggers double demerit points if it occurs within 12 months of the first offence.
- Calculation Example: If you receive 4 demerit points for using a mobile phone while driving and commit another mobile phone-related offence within 12 months, you will incur 4 points for the new offence and an additional 4 points as a penalty for repeating the behaviour. This totals 12 demerit points.
Offences Subject to Double Demerit Points:
- Speeding more than 20 km/h over the limit.
- Mobile phone offences.
- Driver or passenger seatbelt offences.
- Failing to ensure passengers under 16 are properly restrained.
- Motorcycle helmet offences.
Examples
- Mobile Phone Use: A driver uses their phone illegally and receives 4 points. Six months later, they repeat this offence. The second violation incurs another 4 points plus an additional 4 points, making 8 points for the second offence alone, 12 points in total.
- Speeding: A driver exceeds the speed limit by 25 km/h and earns 6 points. Nine months later, they are caught speeding again within the same category, resulting in 6 points plus an additional 6 points, so 12 points for the second offence and 18 in total.
- Seatbelt Offence: A provisional licence holder fails to wear a seatbelt and receives 3 points. Within a year, they fail to ensure a passenger under 16 is restrained properly. This second offence adds 3 points plus 3 more for the double demerit penalty, making 6 points for the second offence and 9 in total.
The system aims to deter repeat offending by significantly increasing the consequences for those who continue to disregard road safety laws.
Staying Safe on Queensland Roads
Avoiding double demerit points is straightforward: adhere to traffic laws, and if you’ve already received a penalty, exercise extra caution to avoid a second offence within 12 months. Key tips include:
- Ensure you and your passengers wear seatbelts correctly.
- Avoid distractions like mobile phones by using hands-free technology.
- Stick to speed limits and adjust for road conditions.
- Always wear a helmet when riding a motorcycle, quad bike, or similar vehicles.
Final Thoughts
Queensland’s demerit point system, including the double demerit points policy, is designed to encourage safer driving habits and reduce accidents on the roads. By understanding how this system operates and taking proactive measures to comply with road rules, you can safeguard your driving privileges and contribute to a safer driving environment for everyone. If you find yourself facing penalties and need expert legal advice, contact a lawyer specialising in traffic law to discuss your options and obligations. If you need a traffic lawyer, call us today.