Too many Demerit Points? Why you should not opt for a good driving behavior period?

This article aims to briefly examine a circumstance wherein an open Driver Licence holder has accumulated too many demerit points on his/her traffic history and why a choice for a good driving behavior should not be made.

Why is it easy to lose your open Driver Licence?

A holder of a QLD open Driver Licence can lose his/her Driver Licence when 12 or more demerit points within a 3 years period have been recorded on his/her traffic history. This is called suspension of a driver licence.

How do I know if I have accumulated 12 or more demerit points?

The Department of Transport and Main Road will send you an Accumulation of demerit points notice to choose when you get 12 or more demerit points within a 3 year period on your QLD open Driver Licence. The notice will require you to choose either:

• Have your open licence suspended for a requisite period; or
• Agree to continue driving under a period of what is termed a “good driving behavior” for 1 calendar year.

If I choose the suspension, how long will my open licence be suspended for?

Citing two examples here – if you have accumulated 12 -15 demerit points your suspension period is 3 months.  If there are 20 or more demerit points recorded against your licence, the suspension period is 5 months.

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What is good driving behavior?

If an open licence holder after receiving the notice chose to continue driving under a good driving behavior, then he/she can keep his/her current licence. It should be noted that the good driving behavior will start from the date you select. That date must be between the current date and choice date. 

Why the good driving behavior should not be opted?  

The grave issue with choosing this option is that if you get 2 or more demerit points during the 1 year good driving behavior period, your licence will be suspended for double the suspension period that would have applied to you if you had chosen the suspension period originally.

What happens if I receive the notice and I do not make any choice?

If you do not nominate an option by the choice date mentioned in the notice you received, your licence will automatically be suspended for the stated period and the suspension will start the day after the choice date outlined on the “Accumulation of demerit points “notice to choose”.

Take-Home Message

Demerit points must not be taken lightly.  They can easily reach 12 or more in a few weeks if not a few days, if an open driver licence is not careful in observing various traffic rules. Even if an infringement has been committed innocently, it would be difficult to challenge the offence recorded by a camera, for example.

For advice or assistance with all traffic law matters contact the Traffic Law Team at Aylward Game Solicitors today on 1800 217 217

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