By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- VicRoads sends a demerit point option notice at 12 points in 3 years for a full licence, or 5 points in 12 months for a learner or P-plater who has never held a full licence.
- You have 21 days to choose: accept a suspension of 3 months (plus a month for every 4 points over the limit), or keep driving under a 12-month good behaviour period.
- One more point, or any driving suspension, during those 12 months doubles the suspension: 6 months plus 2 months for every 4 points over.
- There is no court appeal against a demerit point suspension. Unless VicRoads miscounted, the only route is to plead not guilty to the offence that caused the points.
- An excessive speed fine (25 km/h or more over, or 130 km/h or more) suspends your licence automatically for 3, 6 or 12 months unless you object within 28 days and go to court; the court must impose at least the same.
- You cannot drive at all while suspended: there is no work licence in Victoria. Driving while suspended carries up to 2 years' jail or $50,184, and your car can be impounded for 30 days.
- For a lawyer, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a Victorian lawyer for a fixed $295.
In Victoria, a driver who receives a demerit point option notice has 21 days to choose between a licence suspension of at least three months and a 12-month extended demerit point period, during which any further demerit point doubles the suspension, under sections 36 to 41 of the Road Safety Act 1986.
Checked on 22 October 2026 against the Road Safety Act 1986 (authorised version 237), Victoria Legal Aid's pages on demerit points, speeding and driving while suspended, and the Department of Justice and Community Safety (penalty unit $209.10 from 1 July 2026).
Demerit points: the limits and the notice
| Licence | Notice is sent at | If you accept the suspension | If you choose 12 months' good behaviour and then incur another point |
|---|---|---|---|
| Full licence (or a learner or P-plater who has held a full licence) | 12 points within any 3 years | 3 months, plus 1 month for every 4 points over 12 | 6 months, plus 2 months for every 4 points over 12 |
| Learner or P-plater who has never held a full licence | 5 points within any 12 months, or 12 points within any 3 years | 3 months, plus 1 month for every 4 points over 5 (or over 12, if the notice was for 12 points in 3 years) | 6 months, plus 2 months for every 4 points over 5 |
- 21 days. You must tell VicRoads within 21 days of the notice being served that you choose to extend the demerit point period. If you do not reply, VicRoads suspends your licence from the date on the notice; it sends a reminder two weeks before the suspension starts.
- The 12 months. The extended period is 12 months from the date on the notice. It is broken by any further demerit point for an offence in that period, or by your licence being suspended or cancelled for a driving offence. Get through it clean and the points on the notice are wiped.
- No option for some drivers. If your licence is already suspended or cancelled for another reason when you reach the limit, you have no option: VicRoads must suspend for the points as well.
- When points count. Points are added when you pay a fine, when a fine is not paid by the due date, when another state reports an offence, or when a court finds you guilty. They count from the date of the offence, and most expire after four years.
- Challenging the points. There is no appeal against the suspension itself. You can ask the agency that issued a fine to review it (not for drink-driving, drug-driving or excessive speed offences), nominate another driver if you were not driving, or plead not guilty and contest the offence in court. Points are not recorded if the court finds you not guilty.
Excessive speed: the automatic suspension
| Speed | Minimum suspension | Maximum court fine |
|---|---|---|
| 25 km/h or more, but less than 35 km/h, over the limit | 3 months | 10 penalty units ($2,091) |
| 35 km/h or more, but less than 45 km/h, over the limit | 6 months | 15 penalty units ($3,136.50) |
| 45 km/h or more over the limit | 12 months | 20 penalty units ($4,182) |
| Any other speed of 130 km/h or more | 3 months | As above, by how far over the limit |
- On an infringement notice: if you do not object to the notice within 28 days, your licence is suspended for the period above automatically, and you are disqualified from getting a licence for that period (section 89D and Schedule 5). Excessive speed offences do not add demerit points when the licence is suspended for them.
- In court: if you object and the court finds you guilty, it must suspend your licence for at least the same minimum period (section 28 and Schedule 5).
- Your car: the court can also order your vehicle impounded or immobilised if you were 45 km/h or more over, at 145 km/h or more, in a speed trial or road race, or speeding while police were chasing you.
Driving while suspended
| Offence | Section | Maximum penalty |
|---|---|---|
| Driving while your licence is suspended or you are disqualified | s 30 | 240 penalty units ($50,184) or 2 years' imprisonment |
| Driving while suspended by Fines Victoria for unpaid fines | s 30AA | 10 penalty units ($2,091) |
Your vehicle can also be impounded for 30 days. The prosecution must prove you drove on a public road while suspended or disqualified. An honest and reasonable mistake that you were allowed to drive may be a defence; if you are found not guilty because you did not know of the suspension, the court can still order you to serve the suspension you did not know about.
What to do now
- If you have a demerit point option notice, find the date it was served and decide within 21 days. Choose the 12-month period only if you can drive for 12 months without a single point.
- If you have an excessive speed fine, decide within 28 days whether to object and go to court. Paying it, or letting the 28 days pass, starts the suspension.
- Check your demerit points and driver history on the VicRoads website, and keep your address up to date with VicRoads.
- Do not drive once a suspension starts, for any reason.
- For free legal information, call Victoria Legal Aid on 1300 792 387, 8am to 6pm Monday to Friday. For a lawyer of your own, call 1800 577 015 at any hour, or request a $295 consultation with a Victorian lawyer.
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in Victoria is a fixed $295, by phone, video or in person. The lawyer can check whether VicRoads counted your points correctly, advise whether to take the good behaviour period, advise whether to contest the offence behind the points or the speed reading, and represent you in court. Requests are taken at any hour; how soon a lawyer can see you depends on who is available.
General information only, not legal advice. Updated 22 October 2026. Checked against the Road Safety Act 1986 (Vic), authorised version 237 (sections 28, 30, 30AA, 36 to 41A, 89D and Schedule 5); Victoria Legal Aid's "Demerit points" page, "Driving over the speed limit" (updated 4 March 2026) and "Driving while suspended or disqualified"; and the Department of Justice and Community Safety's penalty unit page, on 22 October 2026.
Frequently Asked Questions
How many demerit points before my licence is suspended in Victoria?
VicRoads sends a demerit point option notice when a full licence holder reaches 12 points within any 3 years. For a learner or probationary driver who has never held a full licence, the trigger is 5 points within any 12 months or 12 points within any 3 years (Road Safety Act 1986, section 36). Most demerit points expire after four years.
What is the demerit point option, or good behaviour period?
The notice lets you choose, within 21 days, to extend the demerit point period instead of being suspended. You keep your licence for 12 months, but if you incur any further demerit point, or your licence is suspended or cancelled for a driving offence, during those 12 months, your licence is suspended for twice as long: 6 months, plus 2 months for every 4 points over the limit. If you get through the 12 months clean, the points on the notice are wiped.
How long will my licence be suspended if I do not choose the good behaviour period?
For a full licence holder: 3 months, plus one month for every 4 demerit points over 12. For a learner or P-plater suspended for reaching 5 points in 12 months: 3 months, plus one month for every 4 points over 5. If you do not reply within 21 days, VicRoads suspends your licence from the date on the notice.
Can I appeal a demerit point suspension to court in Victoria?
No. Victoria Legal Aid explains that, unless VicRoads made a mistake in counting your points, the only way to do something about demerit points is to plead not guilty and challenge the offence in court. An agency cannot review a fine for a drink-driving, drug-driving or excessive speed offence.
What happens if I get an excessive speed fine in Victoria?
If the fine is for driving 25 km/h or more over the limit, or at 130 km/h or more, your licence is suspended automatically unless you object to the infringement notice within 28 days and take the matter to court: 3 months for 25 to under 35 km/h over, 6 months for 35 to under 45 km/h over, 12 months for 45 km/h or more over, and 3 months for any other speed of 130 km/h or more (section 89D and Schedule 5). A court that convicts you must impose at least the same periods.
Can I get a licence to drive to work while suspended in Victoria?
No. Victoria Legal Aid explains that while your licence is suspended you must not drive at all, with no exceptions, and there are no special licences that allow you to drive some of the time.
What is the penalty for driving while suspended in Victoria?
Up to 240 penalty units ($50,184 at the 2026-27 value of $209.10) or 2 years' imprisonment (section 30), and your vehicle can be impounded for 30 days. If your licence was suspended by Fines Victoria for unpaid fines, the offence is separate and carries a fine of up to 10 penalty units ($2,091) (section 30AA).
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