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This article was prepared by Go To Court Lawyers, Australia's largest legal service. For legal advice specific to your situation, call 1300 636 846.

Demerit points in the ACT (Australian Capital Territory) are a penalty that you may receive when you commit a traffic offence. The demerit point system is a national scheme and if you commit a traffic offence interstate, points may still be added to your ACT drivers licensing record.

When you are first issued with a licence, you start with no demerit points on your record. If you exceed the maximum allowable demerit points for your licence type, then your licence will be suspended.

If you move from a learner licence to a provisional licence your demerit points will again be reset to zero. This is not the case for moving between any other licence types.

Demerit points are not removed from your record but are only counted towards a suspension if the offence happened within the relevant time period.

The law in the ACT that governs demerit points is the Road Transport (General) Act 1999.

Demerit Points in the ACT

Calculating demerit points in the ACT

Demerit points in the ACT are counted over any 3 year period. This period is calculated from the date that the most recent offence occurred. This means that if you receive a traffic infringement, the demerit points that go with this infringement will count towards the 3 year period on either side of the date of the offence.

If you get more than your allowed demerit points within these periods, your driver licence will be suspended and you are not allowed to drive anywhere in Australia. If you are on a full licence, the more demerit points that you get within the 3 year period, the longer the period of suspension that will apply.

You can check how many demerit point you have accumulated on your ACT driver’s licence by phoning Access Canberra on 13 22 81.

If you commit a demerit point offence, the points are added when either:

  • you make a payment towards the infringement
  • you ask for an extension of time to pay the infringement
  • a sanction is recorded because you did not pay the infringement in the time allowed.

Suspension periods for a Full ACT Driver Licence

If you are the holder of a Full ACT Driver Licence, the demerit points threshold in any 3 year period is 12. Your licence will be suspended if you get 12 or more demerit points within that 3 year period. The suspension period is calculated according to the number of demerit points you have accumulated:

  • for 12 to 15 demerit points you will be suspended for 3 months
  • for 16 to 19 demerit points you will be suspended for 4 months
  • for 20 or more demerit points you will be suspended for 5 months.

Suspension periods for other licences

Learner Licence holders – if you accumulate 12 or more demerit points in any 3 year period, you will be suspended for 3 months.

Provisional Licence holders – if you accumulate 4 or more demerit points during any 3 year period, your licence will be suspended for 6 months. However, if you have had your provisional licence for 6 months you can apply to have a ‘PC’ condition endorsed on your licence and your demerit point allowance will be increased to 8. To be eligible, you must have held a provisional licence for a continuous 6 months and either:

  • have completed a Road Ready provisional licence course, or
  • be over 26 years of age.

If you hold a Probationary Licence, your points threshold is 2. If you accrue 2 or more points, your licence will be cancelled and you will not be permitted to apply for another driver licence for 6 months.

Good Behaviour Period Alternative

If you hold a full ACT driver licence, you can choose to serve a 12 month Good Behaviour Period instead of having a demerit point suspension.

A Good Behaviour Period election can be made at any time after you are served with the notice of demerit point suspension. Once the election is made, the Good Behaviour Period commences either on the day the demerit point suspension was due to start or on the date your election was made (whichever occurs last).

When your Good Behaviour Period begins, your demerit point total is again returned to zero. For the 12 months of the Good Behaviour Period, your demerit point threshold is 2 demerit points. You will be suspended for double the original suspension period if you accrue 2 or more demerit points during the Good Behaviour Period.

You need to lodge a notice of your election for a Good Behaviour Bond with Access Canberra.

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faqs: - question: 'Do demerit points transfer between states if I move from ACT to another jurisdiction?' answer: 'Yes, demerit points will transfer between jurisdictions under the national demerit point scheme. When you move from the ACT to another state or territory and transfer your licence, your existing demerit points history will be carried over to your new licensing authority. Similarly, if you commit traffic offences interstate while holding an ACT licence, those demerit points will be added to your ACT driving record.' - question: 'What are the maximum demerit points allowed before suspension for different ACT licence types?' answer: 'The maximum demerit points vary depending on your licence type in the ACT. Learner and provisional licence holders have lower thresholds compared to full licence holders. The specific limits and suspension periods depend on your licence category and the number of points accumulated within the 3-year calculation period. These limits are set under the Road Transport (General) Act 1999 and can change, so checking your current point balance is recommended.' - question: 'How much does it cost to get legal advice about ACT demerit points?' answer: 'Go To Court Lawyers offers a fixed consultation fee of $295 for traffic law matters including demerit point issues in the ACT. This consultation allows you to discuss your specific situation, understand your options, and receive professional legal advice about challenging infringements or managing potential licence suspensions. The consultation fee provides clarity on your legal position without ongoing uncertainty about costs.' - question: 'How can a traffic lawyer help me with demerit point issues in the ACT?' answer: 'A traffic lawyer can challenge the underlying infringement that led to demerit points, potentially having it dismissed or reduced. They can represent you in court, negotiate with prosecutors, identify procedural errors in the infringement process, and explore defences available under ACT law. Lawyers can also advise on licence appeal processes and help structure payment arrangements to minimize the impact on your driving privileges and avoid suspension.' - question: 'Is there a time limit to contest a traffic infringement that adds demerit points in the ACT?' answer: 'Yes, there are strict time limits to contest traffic infringements in the ACT. You typically have 28 days from when the infringement was issued to elect to have the matter heard in court rather than paying the fine. Once you pay the infringement or request a payment extension, the demerit points are automatically added. Acting quickly is crucial to preserve your legal options and prevent automatic point allocation.' ---

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