Fines are only one way the Government uses to penalise drivers for driving infringements, however fines often remain unpaid as there is little incentive to do so, therefore they only accrue and need paying off in the end.
Demerit Points however are the second form of penalty, where the impact of ignoring them increases rapidly.
If any driver accrues 100 or more active demerits inside a 24 month period the driver is automatically suspended for 3 months.
In the event that you committ 2 or more offences at the same time - only the highest Demerit Points are recorded against you – not the other lower Demerit Points. You will still get fines for those offences.
Demerit points are given for all speeding infringements (except those recorded by speed camera), some traffic offences and for breaching licence conditions, eg a learner driver unaccompanied by a supervisor or a restricted driver carrying unauthorised passengers. Demerit points also apply to some alcohol-related infringements and offences, for example, points can also be allocated in conjunction with a court disqualification where the court chooses to disqualify a person for less than six months.
Demerit points remain active for 2 years after the offence was committed that incurred them. Once 2 years elapses the points attached to that offence go inactive (fall off) and they no longer can have a direct impact on your driver's licence.
Demerit points are only allocated to your offence once "Liability" is determined. That is done when you pay the fine for the offence or when it is not paid and it progresses to court - and the offence is not defended by you. The points are then allocated and back dated to the date of the offence.
If you accumulate 100 or more active demerit points within any two-year period, your licence will be suspended for a period of three months and you will not be entitled to drive. The suspension period begins as soon as the demerit suspension notice is served on you by the Transport Agency, the police or an authorised agent of the Transport Agency. Any active demerit points recorded on your licence record at the time will be cancelled and will no longer contribute to your demerit point total.At the end of your demerit suspension, you’ll be unlicensed and not entitled to drive until you’ve reinstated your licence.
Demerit points are automatically removed "drop off" your Drivers Licence after two years + the time that you took to pay the fine for the offence.
– If you are Suspended for Excess Demerits (any number of 100 or over) all of your Demerit Points are wiped at the time of suspension. This means even if you have 200 Demerit Points – you get one 3 month Suspension and all your Demerit Points are wiped.
If you are Disqualified for EBA or any other Criminal Driving Offence that also means all your Demerit Points are wiped at the time of Disqualification.
The One Exception - If you blow an EBA over 800mcg/l, this will incurr an Interlock Disqualification and your Demerit Points are then NOT wiped from your Drivers Licence and CRITICALLY – as the recipient of an Interlock you are now also not again eligible (lifetime statute barred) from applying for a Limited Licence (work licence). So if you incur further Demerits while on an interlock that then take your points to 100 Demerit Points - you will NOT be able to drive under any circumstances when you are suspended for the three month – 100 Demerit Point Suspension.