Demerit points

Demerit points form part of the penalties for a range of traffic offences committed in WA.

What are demerit points?

Demerit points are incurred when the WA Police, or an authorised officer, issue a traffic infringement notice for a traffic offence committed within WA. Alternatively, the offence may form part of a charge to be heard and determined by a WA court.

The demerit points allocated to the offence can vary anywhere from 1 to 7, depending on the type of offence, except during long weekends and holiday seasons when the allocated demerit points for some offences is doubled. This includes offences against the Road Traffic Code 2000 such as speeding, failure to wear a seat belt and driving whilst using a mobile phone.

Demerit points expire three years from the date of the offence unless you accrue 12 or more points (four or eight in the case of a novice driver) within a three-year period and an Excessive Demerit Points Notice (EDPN) is issued.

Demerit points accrued for traffic offences committed in WA are recorded within 48 hours of the Infringement or a Final Demand for Payment being paid, the Infringement being registered with the Department of Justice’s Fines Enforcement Registry (FER) if unpaid or the same day as a court hearing if convicted of the offence.

Demerit points accrued in another Australian jurisdiction require you to pay the infringement, however the demerit points are not recorded against your Western Australian (WA) driver’s licence.

Where you make an application for a WA driver’s licence and surrender a driver’s licence from another Australian jurisdiction, any demerit points accrued in that jurisdiction are not transferable to the WA driver’s licence.

Note: If you are disqualified from driving on your interstate licence due to a suspension or cancellation, you will not be able to transfer your licence to WA, and you will not be able to drive until the interstate disqualification period has ended.

Demerit Point hotline: 1300 720 111

Novice drivers

Demerit point check (online)

The online demerit point enquiry tool allows only a driver who holds a WA driver’s licence or learner’s permit to check Demerit point history such as:

• Details of infringements issued,
• Demerit point penalties and demerit point expiry dates and
• Demerit points notices issued.

If you require a copy of demerit point notices served on you in WA for your insurance company, you will need to attend a DVS centre with primary and secondary identification and complete a Request for a certified copy of excessive demerit points notice (E16) form. A fee is payable.

Certified copy of excessive demerit points notice fee

Visit the Western Australia Police Force website for more information about obtaining a record of traffic infringement notices issued to you, for viewing an image of a driver for a traffic infringement notice, or for paying a fine.

Visit the WA Department of Justice eCourts portal to find out if your driver’s licence has been suspended for the non-payment of a fine or infringement.

Service of an Excessive Demerit Point Notice (EDPN)

An Excessive Demerit Point Notice (EDPN) is a formal notification that the licence holder has reached or exceeded their demerit point limit. Depending on your type of licence, the permissible number of demerit points may be four, eight or 12. When this amount, or more is accrued within a three-year period, an EDPN is created.

If you have accrued more than your permissible number of demerit points but have not been served with a demerit point notice, the Department will send you a notification requesting you to attend a Driver and Vehicle Services (DVS) centre to have an EDPN served. If you do not respond to the notification the notice will be lodged with Australia Post for delivery under the Secure Collect mail delivery service or lodged with a contracted service delivery agent.

If you are no longer residing in WA, please email Licensing and Compliance Services - LCS@transport.wa.gov.au - who will discuss arrangements for the service of a notice. This only applies if you are now residing permanently in another Australian State or Territory and does not apply if you are residing overseas.

If you require a certified copy of your EDPN, you will need to attend your nearest DVS centre, regional DoT office or agent to make application for a copy.

You will be required to:

• provide primary identification;
• complete a Request for a Certified Copy of Excessive Demerit Points Notice (E16) form (not available from the website); and
• pay the prescribed fee.

A certified copy of your EDPN cannot be issued over the counter but will be posted to your registered address.

When the disqualification period has been served, you are eligible to resume driving without the need for a driving test, as long as your licence is still current and there are no other disqualification periods pending or running.

Note: If your driver’s licence has been cancelled, you may be required to undergo a practical driving assessment.

Good Behaviour Period election (if you have accrued 12 or more demerit points)

Eligible drivers who hold a full licence, have accrued 12 or more demerit points, and who have been personally served with an EDPN, can elect a 12-month good behaviour period under s51 of the Road Traffic (Authorisation to Drive) Act 2008 to continue driving in lieu of serving a period of disqualification.

When making a Good Behaviour Period Election (GBP) the person commits to not accrue more than one demerit point during the 12-month good behaviour period or commit an offence where a Court is required to impose a disqualification order.

If this occurs it is a breach of the conditions of the GBP and the person will be required to serve a disqualification period double that stated in the Excessive Demerit Points Notice (EDPN).

Note:

• An Excessive Demerit Points Notice (EDPN) must be served before a GBP Election can be made.
• The election form must be given to the Chief Executive Officer (CEO) within 21 days after being personally served with an Excessive Demerit Points Notice (EDPN). DoT will advise (in writing) if the GBP was approved and the expiration date of the GBP.
• Section 51 of the Road Traffic (Authorisation to Drive) Act 2008 does not give the CEO any discretion in regard to the 21-day timeframe in which an election can be made and a late election will NOT be accepted so it is important that you ensure an election is made by the deadline.
• The 12-month good behaviour period commences 28 days after the service of the EDPN unless postponed (see point below).
• The start date of a good behaviour period will be postponed if a disqualification is imposed during the 28-day period after service of the notice. A disqualification includes licence suspension orders enforced by the Fines Enforcement Registry so it is important to ensure you do not have any outstanding matters with the Registry that will delay the start date of the good behaviour period.
• After completing the 12 months GBP, you can check the status of your driver’s licence:
  • online at Drivers Licence Status Enquiry; or
  • by calling the Customer Contact Centre on 13 11 56

  To find out more, please read the fact sheet below.

  Breach of a Good Behaviour Period election

  What constitutes a breach of the good behaviour period?

  A breach of the good behaviour period will occur if you commit:

  • An offence for which two or more demerit points can be recorded under Part 4 of the Road Traffic (Authorisation to Drive) Act 2008.
  • Offences for which two or more demerit points can be recorded under Part 4 of the Road Traffic (Authorisation to Drive) Act 2008.
  • An offence for which a court is required by law to disqualify you from holding or obtaining a driver's licence.
  • An offence, the conviction of which results in you being disqualified by operation of the Road Traffic (Authorisation to Drive) Act 2008 from holding or obtaining a driver's licence.

  What happens if I breach a Good Behaviour Period Election?

  If you breach a Good Behaviour Period Election a Disqualification (Breach) Notice will be issued. You will be required to serve a period of disqualification that is double that stated on the Excessive Demerit Points Notice (EDPN) originally served on you, i.e. if the original notice stated three months, you will be required to serve six months disqualification.

  You will receive notification from DoT that you have breached your Good Behaviour Period Election which will request you personally attend a Driver and Vehicle Service centre, regional DoT office or agent for service of a Disqualification (Breach Notice).

  If you do not attend a Driver and Vehicle Service centre, regional DoT office or agent site in regional areas, the Disqualification (Breach) Notice will be registered with Australia Post for service under the Secure Collect mail delivery service or to a company contracted to DoT to undertake service of demerit points notices.

  Important note: If the good behaviour period was breached as the result of a Traffic Infringement issued by the WA Police Force for a camera offence it is important that you review the infringement and ensure that you were the driver at the time of the alleged offence. If in doubt you need to contact the Police Infringement Management and Operations area on (08) 9374 4555.

  When does the disqualification take effect?

  The double disqualification period from holding or obtaining a driver’s licence will commence:

  1. The day immediately after the service of the notice; or
  2. When any other existing period of disqualification has ended; or
  3. On completion or termination of any good behaviour period previously elected

  Note: a disqualification includes licence suspension order(s) enforced by the Fines Enforcement Registry that are in force at the time that the disqualification takes effect.

  In the case of a disqualification order imposed by a court:

  A disqualification order imposed by a court for an offence that was committed during a good behaviour period will commence immediately on conviction of the offence unless the period is postponed due to an another current good behaviour period or disqualification period.

  It is recommended that you contact the Demerit Sanction Management Team on (08) 9320 4500 to confirm the start date of the disqualification order if you are aware of any factor that may impact the commencement of your disqualification

  You cannot apply for the grant of an extraordinary licence if the disqualification is the result of an Excessive Demerit Points Notice (EDPN) or breach of a good behaviour period.