Traffic Offences - Q&A's with our Solicitors

Posted on 27 July 2011

Question
    
What are some of the traffic offences that lead to a loss of licence? 

Answer

  1. Low to High range PCA -Drink Driving (Driving Under the Influence).
  2. Speeding more than 45km over the speed limit - Six month disqualification.
  3. Speeding 30-45km/hr over the speed limit - Three months disqualification.
  4. A serious driving offence causing death or grievous bodily harm.
  5. A street racing offence.
  6. An aggravated burnout offence.

Question
    
How many demerit points can I accrue before I will loose my licence?

Answer    

Unrestricted licence – 13 points (an increase from 12 points as of 31 January 2011)

Professional drivers – 14 points

Provisional P2 licence – 7 points

Provisional P1 licence – 4 points

Learner licence – 4 points

Question
    
How long do I lose my licence for if I accrue 13 or more demerit points within 3 years? 

Answer
    
The suspension period (time off the road) depends on how many points you lost over the 3 years. The suspension periods are:

 

  • 13 to 15 points: 3 months suspension.
  • 16 to 19 points: 4 months suspension.
  • 20 or more points: 5 months suspension

Question
    
Will I automatically loose my licence if I accrue more then 13 points within the last 3 years?

Answer
    
No, if you are a holder of an unrestricted licence you may elect to go on a good behaviour period. A good behaviour period means that you will have only 2 points for the next 12 months. If you commit an offence during the good behaviour period and accrue 2 or more demerit points you will have to serve out double the original period of suspension you would have received. e.g. if you accrue 16 points and elect to take a good behaviour period and then accrue a further 2 demerit points during that period you will have to serve a suspension of 8 months (instead of the original 4 months).

Question
    
What offences are covered by “Double demerit points” during Holiday periods? 

Answer
    
Double demerit points apply during Holiday periods for speeding, seatbelt and motorcycle helmet offences.

Question
    
Is it an offence to drive in the right hand lane when not overtaking?

Answer
    
Yes but only if you are driving on a road with a speed limit of above 80km/h, this penalty carries 2 demerit points.

Question
    
I am about to lose my licence for drink driving, can I apply to the court for a restricted licence just for work? 

Answer
    
No, however the government has introduced a special program for alcohol related driving offences called “The Alcohol Interlock Program". If you qualify to participate in the program after a minimum disqualification period has passed you can apply for a court order for a special breath-testing device to be affixed to your car that disables the car if it detects alcohol on your breath.

Question
    
I heard that if I appeal a traffic offence and go to Court and ask for a Section 10 I will not accrue any points. Is that true and what is a Section 10?

Answer
    
A Section 10 is a reference to Section 10(1)(a) of the Crimes(Sentencing Procedure) Act 1999 which gives the Court power to find you guilty of the offence but nevertheless dismisses the charge against you.

From 31 January 2011 if you receive an order from the Court under Section 10(1)(a) of the Crimes(Sentencing Procedure) Act 1999 the demerit points related to the offence will not be recorded on your driving record. 


If you have a traffic matter that you need help with, please make an enquiry.

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