Demerit point appeals

You can only appeal your suspension or disqualification to a Magistrates' Court under section 46H of the Road Safety Act 1986 in two very limited circumstances. That is, if your demerit points have been recorded incorrectly or calculated (added-up) incorrectly.

Demerit points recorded incorrectly

If you commit certain driving offences (in Victoria or interstate), the police, a court or tribunal, or another enforcement authority such as Fines Victoria will notify VicRoads.

The regulations set out the appropriate number of demerit points for those offences. VicRoads adds those demerit points to your licence or learner permit record.

You can appeal if you believe there’s been a clerical error in recording them. Below are examples of where you could appeal because demerit points were recorded incorrectly:

• If the regulations state that the relevant offence attracts 3 demerit points, but 4 demerit points were incorrectly recorded against you due to a clerical error.
• If VicRoads was notified that you were convicted for a relevant driving offence, but VicRoads took more than 12 months to record the demerit points against you.

Demerit points calculated incorrectly

You can appeal your suspension or disqualification under section 46H if your demerit points in a relevant period have been calculated incorrectly. The relevant period is either:

• If you did not choose an extended demerit point period: the period that applies to your licence/learner permit, as set out on the About demerit points page (e.g. a 3-year period for a full licence).
• If you did choose an extended demerit point period: 12 months from the date set out in your extended demerit point period notice.

Below are examples of where you could appeal your suspension or disqualification on the basis that your demerit points in a relevant period have been calculated incorrectly:

• If because of a clerical or calculation error, 4 demerit points were incorrectly recorded against you instead of 3, with the result that you did not actually incur 12 demerit points on your licence within a 3-year period.
• If the offence was committed after your 12-month extended demerit point period expired, but because of a clerical error in the date, your offence was incorrectly recorded as being within that 12-month period.

Before you appeal under section 46H, it’s a good idea to get some independent legal advice.

Note that you may be required to pay costs if you lose the appeal. The Magistrate will decide this.

For more information about appealing visit:

• Fines Victoria
• Magistrates' Court of Victoria
• Victoria Legal Aid
• Federation of Community Legal Centres

How to make a section 46H appeal

To appeal under section 46H, your appeal must be within 28 days after your suspension or disqualification start-date (as shown on your demerit point notice).

Follow the steps below to lodge your appeal:

Step 1: Give written Notice of appeal to a registrar of the Magistrates’ Court. Submit your appeal on the Magistrates’ Court of Victoria website.

Step 2: Ask the registrar to endorse a copy of the notice and give you a hearing date that is at least 14 days away.

Step 3: Send a copy of the endorsed notice to us at least 14 days before the hearing date. This is a legal requirement and a failure to comply will likely result in delays as the Secretary will seek an adjournment.

You can send your copy by email to [email protected] or post to Demerit Points and Offence Management, Locked Bag 7000, Kew VIC 3101.

How to pause a suspension or disqualification during an appeal

If you’re entitled to appeal your suspension or disqualification (see Appealing under section 46H above), it can be paused under section 46I until your appeal has been heard and decided. This is called a ‘stay’. 

You’ll need to apply to the Magistrates’ Court for a stay as this isn’t given automatically when you make an appeal.

How to apply for a stay

If you’re entitled to apply for a stay, go to Notice of appeal (application for stay – demerit points) to complete the application.

Under section 46I of the Road Safety Act 1986, you can only be granted a stay of your suspension or disqualification if you can demonstrate to the Court:

• That there is a reasonable prospect of success with your section 46H appeal. This will only be the case if VicRoads has made a clerical error in adding or recording your demerit points.
• You haven’t had your licence/learner permit suspended or cancelled in the 3 years before your application for a stay.

You won’t be able to apply for a stay if you don’t have a licence.

What happens if I don’t apply for a stay?

If you don’t apply for a stay, your disqualification or suspension period will automatically begin on your notified date even if you’re making a section 46H appeal.