How severe is your offence and what's the repercussion?
In South Australia, demerit points are used to manage driving violations and improve road safety under a structured legal framework. Accumulating too many points can lead to penalties such as fines, disqualification, or even license suspension.
Offence Severity
Demerit points are assigned based on the severity of the offence, with serious infractions resulting in more points and harsher consequences.
3 years on record
Demerit points remain on a driver's record for three years, and drivers may receive a warning notice if they approach disqualification
Vehicle Impoundment
Typical offences like failing to stop at red lights or driving without a seatbelt result in demerit points each. Speeding penalties increase with the degree of excess speed, ranging from 2 to 9 points, which could also lead to vehicle impoundment.
Australia is one among the very few countries who first adopted a legal system for road safety improvement known as the National Road Safety Strategy. It involves the overall interactions happening on the road including the areas of travel speeds, road users, vehicles, and roadsides.
Among the positive impact of safety gains were safer vehicles, lower speed limits, road improvements, graduated licensing and implementing drink driving behavioral programs. To successfully implement the national strategy across Australia, the federal system has specified the jurisdictions of government responsibilities.
Click on each tab to know the jurisdiction of each body:
- Safety standard regulations for new vehicles
- Allocates infrastructure resources on national highways and local roads
- Regulates financing, construction, planning and overall road networks.
- Management of vehicle registration and system on driver licensing
- Regulation and enforcement of road user conduct
- Regulates financing, construction, planning and overall road networks in the local area.
The Scheme
Demerit point scheme implementation is under every state and territory government jurisdiction. Drivers who commit traffic violations are given demerit points and will be imposed with penalties upon reaching certain number which may also include license suspension. You therefore acquire demerit points over time starting from zero.
The points a driver would get is determined by the type of offence and likelihood to causing an accident. The following offences are the most common in South Australia.
Common Road Traffic Offences
-
Failing to stop for red traffic light
3 demerit points -
Driving while using mobile phone
3 demerit points -
Driver fails to wear seatbelt
3 demerit points -
Not stopping at a stop sign, or line at an intersection
3 demerit points -
Driving without “P” or “L” plates attached
2 demerit points -
Driving on the road with an unregistered vehicle
Fine -
Driving during hazardous weather or driving at night without effective lights
1 demerit point
Understanding demerit points for traffic offences in South Australia is crucial for maintaining your driving license. Failing to adhere to road rules can result in penalties and license suspension, impacting your daily commute.
Gabito Lawyers offer expert legal advice on road traffic rules and can help with applications to remove driver license suspensions. Navigate the complexities of traffic law with professional guidance to avoid severe consequences.
Speeding Point Offences
-
by less than 10 km/h
2 demerit points -
by 10 km/h or more but less than 20km/h
3 demerit points -
by 20 km/h or more but less than 30 km/h
5 demerit points -
by 30 km/h or more but less than 45 km/h
7 demerit points -
by 45 km/h or more (excessive speed)*
9 demerit points
Expiration of Points
The first record of demerit points apply from the date of the offence. It is recorded against the driver once a legal procedure has been completed or when expiation has been charged.
The expiration of demerit points expire after three years of the date of the offence.
Warning Notice
A warning notice regarding getting close to being disqualified is given once an offender accrues six or more demerit points.
Disqualification from Driving
In South Australia, you will be liable for disqualification once you accrued 12 or more than points within three-year period, including those L and P plate holders.
Accruing four or more demerits points under L’s permit or provisional license will result from six or 12 months disqualification from driving.
It is important to know the legal implications and updates on road traffic rules.
Source: https://www.sa.gov.au/topics/driving-and-transport/offences/check-demerit-points
How Can Gabito Lawyers Help You?
Majority of driving offences in South Australia are covered by Road Traffic Act 1961, including the regulations under it such as Australian Road Rules 1999 (SA). A simple breach on the provisions of any associated laws and regulations will immediately impose consequences and may affect our daily routines, or worse, onto serious outcomes. Gabito Lawyers can assist you in giving legal advice associated with road traffic rules, and can assist you with the Application to Remove Driver License Suspension.
