Western Australia · Drive Safe · chapter 9 · 7 min read

Cycle Safe

5.2 Traffic Infringement Penalties

There are a variety of penalties that can be imposed on drivers who commit traffic offences. They include fines, licence sanctions (such as demerit points and suspension or cancellation) and in some cases imprisonment. Penalties can be imposed by Courts or by infringement notices. The penalties imposed by infringement notices are usually much less than can be imposed by a Court. Not all traffic offences are subject to infringement notices. However, infringements include fines and sometimes demerit point penalties: ƒ fines are imposed for a range of traffic offences which are often significant; and ƒ certain traffic offences attract demerit points in addition to fines. You may also be disqualified from driving without incurring demerit points, for example; ƒ if you are convicted of a drink or drug related driving offence; ƒ if you offend repeatedly; or ƒ if you have a provisional licence, and are convicted of certain traffic offences. (You will be required to re-apply for your licence when the disqualification period has finished and may be required to undertake further assessments).

5.3 Demerit Points 5.3.1 Demerit Points Scheme The Demerit Points Scheme is a national program that is currently in place in all Australian jurisdictions. Demerit points are a form of penalty that may be imposed for a range of driving offences. The amount of demerit points that are accrued will range dependent on the offence, and if you accumulate too many it will result in the suspension of your driver’s licence. 5.3.2 Full Licence Holders Under the provisions of the Road Traffic (Authorisation to Drive) Act 2008, a person who holds a full licence (not a Novice Driver) who accrues 12 or more demerit points within a 3 year period is liable to a disqualification from holding or obtaining a driver’s licence. Demerit points are always recorded against a person not a driver’s licence. The recording of demerit points on the DTMI demerit point register will always reflect the date the offence was committed, not the date the points were placed on the register. The offence date is important, as it determines which demerit point’s count towards the 12 point limit. The length of the disqualification period is determined by the number of points accrued within the 3 year period.

If you accumulate more than 12 demerit points in a 3 year period the length of the disqualification period increases, as shown below.

Demerit points accrued Disqualification period 12 to 15 3 months 16 to 19 4 months 20 or more 5 months

If you accrue 12 or more demerit points you will be disqualified from holding or obtaining a driver’s licence. Your disqualification period will begin 28 days after the service of an ‘Excessive Demerit Points Notice’. If you are ineligible or you choose not to elect a Good Behaviour Period (see next section) you may be required to surrender your licence card at a DVS centre or regional DVS agent prior to the disqualification taking effect. Failure to comply with this requirement may render you liable for a penalty. On a double demerit point long weekend or prescribed holiday period the demerit point/s attached to many offences are doubled. 5.3.3 Good Behaviour Period Eligible drivers who have accrued 12 or more demerit points can elect a Good Behaviour Period (GBP). To elect a GBP you must first be served with an Excessive Demerit Points Notice (EDPN). By electing the GBP a person commits to driving for a period of 12 months without committing any further driving offences. However, if a driver accrues more than one demerit point during the 12 month GBP or if they commit an offence which results in a disqualification period, they will be disqualified for double the original disqualification period. By electing to undertake the GBP, drivers will not be disqualified from driving, which would normally happen when accruing 12 or more demerit points. Although the licence holder can continue to drive, for the next 12 months they must not commit any further driving offences. All Western Australian driver’s licence holders can elect to undertake the GBP, unless: ƒ They do not hold a current WA driver’s licence; ƒ They hold a provisional driver’s licence; ƒ They are already disqualified; ƒ Their licence is invalid for any other reason; or ƒ Their licence is under fines suspension. (If the fines are paid to clear this suspension within the 21 day election deadline a driver may elect to drive on GBP. Important notes: ƒ The GBP allows a person to continue driving in lieu of serving a mandatory period of disqualification; ƒ The GBP is for a 12 month period; ƒ Committing a driving offence during the GBP will result in a disqualification period which is double the original period; ƒ Eligible drivers have 21 days after they are served with an EDPN to elect to continue to drive by taking the GBP option. Once the 21 days has lapsed, a driver cannot elect for GBP; and ƒ Persons who have been disqualified from driving for demerit point offences can no longer apply for an Extraordinary Licence. If a person is currently driving on an Extraordinary Licence and they get a subsequent demerit point disqualification they can still elect the GBP. However, the GBP will be postponed until the disqualification period related to the grant of the Extraordinary Licence has expired. 5.3.4 Graduated Demerit Point System (Novice Drivers) A Novice Driver Graduated Demerit Point System has been introduced, which means all Novice Driver’s are subject to reduced demerit point limits. The demerit point limit applied to Novice Drivers is dependant on the length of time a person has held a Driver’s Licence (see Novice Driver Types below). The Novice Driver Graduated Demerit Point System was developed to encourage inexperienced drivers to adopt good driving practices. Research shows that infringements and convictions received as a Novice Driver are good predictors of future crash involvement and that the most effective time to motivate drivers to develop safe driving behaviours is when they first gain a driver’s licence. Essentially, influencing driver behaviour at an early stage of the driving experience will help Novice Drivers to develop safe driving practices that they will keep with them throughout their driving life. To find out more about the Graduated Demerit Point System please visit: www.transport.wa.gov.au/dvs. Novice Drivers For the purposes of the Novice Driver Graduated Demerit Point System a person is a novice driver until they have held a driver's licence for a period of two years, or periods adding up to two years. This may include: ƒ a first time learner’s permit holder; ƒ the holder of a provisional driver’s licence; ƒ a driver from overseas who has not held a driver’s licence for at least two years; or ƒ the holder of an extraordinary driver’s licence.