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Traffic law · Victoria

Demerit Points and Licence Suspension in Victoria: What You Need to Know

Reached your demerit point limit, or close to it? Here's how the system works in Victoria, the choice VicRoads will give you, and when it may be worth challenging a fine before the points are recorded.

By Asher Freeman Lawyers·8 October 2026·3 min read

Key points

  • Full licence holders reach the limit at 12 points in 3 years. Learner and P-plate drivers reach it at 5 points in 12 months, or 12 points in 3 years.
  • At the limit, you can accept a suspension (3 months, plus 1 month for every 4 points over) or choose a 12-month extended period.
  • If you get any further points during the extended period, the suspension is doubled.
  • Once you’re found guilty or pay the fine, the points generally can’t be removed, so get advice early.

How demerit points work

Many traffic offences in Victoria, such as speeding, using a mobile phone while driving and running a red light, carry demerit points as well as a fine. Points are recorded against your licence when you pay the fine or are found guilty, and they count from the date of the offence.

Demerit point limits in Victoria

  • Full licence: 12 or more points within any 3-year period.
  • Learner permit and probationary (P1 or P2) licence: 5 or more points within any 12-month period, or 12 or more points within any 3-year period.

What happens when you reach the limit

VicRoads will send you a notice giving you a choice. You generally have 21 days to respond.

Option 1: Accept a licence suspension

The suspension is 3 months, plus 1 extra month for every 4 points over the limit. Once the suspension ends, your points are reset.

Option 2: Choose a 12-month extended demerit point period

You keep driving, but for 12 months you must not incur any further demerit points or lose your licence for any other reason. If you do, you’ll be suspended for double the original period. This option suits careful drivers, but it carries real risk if you rely on your licence for work.

If you don’t respond to the notice in time, your licence is suspended automatically from the date shown on the notice.

Offences with their own suspension

Some offences, including many drink-driving, drug-driving and excessive speeding offences, carry their own licence suspension or cancellation, separate from the demerit point system. These matters often involve court and can have serious consequences, so get advice straight away.

Can you avoid the points?

Points are only recorded once you pay the fine or are found guilty, so your options are greatest before that happens:

  • Internal review: you can ask the agency that issued the fine to review it, for example if there was a mistake or special circumstances. If the fine is withdrawn, no points are recorded. Internal review isn’t available for some serious offences, such as drink-driving, drug-driving and excessive speeding.
  • Nominate the driver: if someone else was driving, you can nominate them within the time allowed.
  • Take it to court: you can elect to have the matter heard in the Magistrates’ Court. If you’re found not guilty, no points are recorded.

Once you’ve been found guilty, the magistrate can’t remove demerit points, and you can generally only challenge the points if VicRoads has made a mistake in counting them.

How we can help

Asher Freeman Lawyers helps drivers across Victoria with traffic matters, including fines and demerit points, licence suspensions, drink and drug driving, and licence restoration. If your licence is important for your work or family, talk to us before you pay the fine or respond to a VicRoads notice.

Frequently asked questions

How many demerit points can I get in Victoria?

On a full licence, you reach the limit at 12 points within 3 years. Learner and P-plate drivers reach it at 5 points in 12 months, or 12 points in 3 years.

How long is a demerit point suspension?

Three months, plus one extra month for every four points over the limit.

What is the 12-month extended demerit point period?

Instead of a suspension, you can choose to keep driving for 12 months on the condition that you incur no further points and don't lose your licence. If you do, the suspension is doubled.

Can a lawyer get my demerit points removed?

Points can often be avoided if a fine is withdrawn on review or you're found not guilty in court. Once you've paid the fine or been found guilty, they generally can't be removed. Get advice early.

This article is general information about Victorian and Australian law as at 8 October 2026. It is not legal advice. Contact us for advice about your situation.

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