In addition to penalties such as fines and licence disqualification, many offences also carry demerit points that are recorded on a person's licence. All references in this part are to the Motor Vehicles Act 1959 (SA) unless otherwise specified.
Some of the more common offences that attract demerit points are listed in the Summary of demerit points. The SA Gov- Demerit Points website also has a more extensive pamphlet on demerit points showing the full list of offences and the points they carry.
Where a person commits two or more offences arising from the same incident, they will only receive points for the most serious offence. For example, a person charged with both driving without due care (3 demerit points) and failing to give way (also 3 demerit points), will only attract 3 demerit points. However, if a person is convicted of or expiates two or more offences arising from the same incident and one of the offences is a red light offence and another is a speeding offence, demerit points are incurred in respect of both the red light offence and the speeding offence.
If I commit an offence interstate will this result in demerits against my South Australian licence?
Offences committed interstate are also recorded against a South Australian licence [Motor Vehicles Act 1959 (SA) s 99BB] and the Registrar has the power to suspend or cancel an interstate licence under the law of another State. This power also extends to foreign driver's licences.
When do demerit points take effect?
Demerit points apply from the date the offence was committed and not from the date of the conviction or the payment of the expiation notice.
When do demerit points cease to count?
Demerit points are erased three years after an offence is committed. Where excess points are accumulated and a disqualification is served these points will be erased at the end of the disqualification period.
How do I find out how many demerit points I have?
You can contact Contact Service SA on 13 10 84 to find out how many demerit points you have incurred. You can also apply for this information by logging into your mySA GOV Account. A full driver history report can be applied for online at EzyReg (a small fee applies).
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.