About your responsibilities
Stepping over the line
Traffic laws are made to protect and ensure the safety of all road users. This section describes the penalties that you can face if you commit driving offences.
Demerit points
Demerit points are given for some traffic offences and for speeding infringements (except those recorded by a speed camera).
If you get a total of 100 or more demerit points within any two-year period, you will be suspended from riding and driving for three months.
If you incur 50 or more demerit points, you will be sent a letter to warn you that your licence is in danger of being suspended.
If you are disqualified from driving and riding for less than six months by the court, you may have demerit points added to any previous demerit points on your record.
If you are suspended or disqualified by the court for six months or more, any previously recorded demerit points will be cleared from your record. Demerit points will also be cancelled if you have not offended for two years.
If you are suspended for excess demerit points, you will be served with a suspension notice.
Your suspension is effective from when you are personally served with the suspension notice and you must surrender your driver licence to the person giving you the notice.
Some of the offences that incur demerit points are listed below.
| Offence |
Demerit points |
| Exceeding speed limit by 10 km/h |
10 |
| Exceeding speed limit by 11–20 km/h |
20 |
| Driving at a speed that means you are unable to stop in half of the clear distance ahead |
20 |
| Driving in a lane at a speed that means you are unable to stop in length of lane that you can see |
20 |
| Driving at a speed that means you are unable to stop short of the vehicle ahead |
20 |
| Failing to observe Give Way signs |
20 |
| Proceeding before the way is clear at a Stop sign |
20 |
| Failing to keep as close as practicable to left edge of roadway |
20 |
| Failing to stop and remain stopped for a school patrol sign |
20 |
| Failing to observe the requirements at a school patrol crossing |
20 |
| Breaching a condition of learner licence |
25 |
| Breaching a conditions of restricted licence |
25 |
| Exceeding speed limit by 21–30 km/h |
35 |
| Passing or attempting to pass where no-passing lines are marked on the road |
35 |
| Failing to remain stopped for an enforcement officer |
35 |
| Failing to stop when followed by red and blue flashing lights |
35 |
| Carelessly or inconsiderately using a motor vehicle |
35 |
| Driving or attempting to drive when prohibited by an enforcement officer |
35 |
| Exceeding speed limit by 31–35 km/h |
40 |
| Exceeding speed limit by 36 km/h or more |
50 |
Failing or refusing:
> to wait for result of a breath screening test
> to accompany a police officer when required
> to remain for evidential breath test or blood test |
50 |
| Person under 20 driving or attempting to drive with excess breath or blood alcohol |
50 |
Careless, reckless and dangerous riding
The courts deal very seriously with road users who drive or ride carelessly, recklessly or dangerously.
Severe penalties can be imposed if you are convicted of one of these offences. The penalties will be especially severe if you hurt or kill someone, whether or not you have taken alcohol or drugs.
Penalties may include:
- a maximum fine of $20,000
- maximum imprisonment of five years
- disqualification of your driver licence.
Mandatory suspension of driver licence
Your licence will be suspended on the spot if:
- a police officer (but not a speed camera) detects you exceeding a permanently posted speed limit by more than 40 km/h or a temporary speed limit by more than 50 km/h
- you commit one of the alcohol-related offences covered by mandatory suspension.
Your licence will be suspended for 28 days and you will also have to face court-imposed penalties for your offence.
Note: there is no legal provision for the granting of a limited/work licence in these circumstances.
Impounding vehicles
A police officer will impound your vehicle on the spot if you are caught:
- riding while disqualified
- riding while your licence has been suspended
- riding without a licence, or with an expired licence, and you have previously been stopped by a police officer and forbidden to ride or drive.
Your vehicle will be impounded for 28 days and you will have to face court-imposed penalties for your offence.
Powers of arrest
Some of the powers of arrest that a police officer has are listed below.
As a rider or passenger, you could be arrested if you:
- don't give your name or address to the officer, when requested
- tell an officer something that is not true about the identity of the owner of the vehicle
- don't stop when signalled by an officer
- assault an officer
- refuse, or don't go with an officer for a blood or breath test
- don't wait for the result of a breath screening test or an evidential breath test
- don't give a blood sample when required by an officer or doctor
- don't give your car keys to an officer when requested
- ride when told not to by an officer.