Demerit Point Reduction Applications
Facing a licence disqualification because of demerit points? You may be able to reduce penalties if the offence is “trifling” or if there is “other proper cause.”
Demerit Point Reduction for Trifling Offences
We know that losing your licence because of demerit points can be life-altering, affecting your mobility, employment, and causing great inconvenience.
Our experienced traffic lawyers have a proven track record of reducing demerit points and helping South Australian’s to keep their licence. Book a free 30-minute consultation to get started. You may be able to keep your licence by doing so.
How Long do Demerit Points Last?
Demerit points are incurred whenever you are found guilty of a traffic offence or upon expiating certain traffic offences. They remain on your driving record for 3 years from the date of the offence and may result in a demerit point disqualification if you exceed the 12 points as a fully licensed driver.
Other licence holders, such as those subject to probationary conditions, or holders of a provisional licence or learner’s permit are afforded far less leniency by the graduated licensing scheme and the Registrar of Motor Vehicles.
What Happens When You Get Demerit Points?
When you commit a traffic offence, you generally incur:
- Demerit points (accumulating can trigger an automatic licence suspension);
- Possible mandatory disqualification for certain offences such; and
- Additional penalties such as fines or even imprisonment for aggravated offences.
Check Demerit Points Online
Check your demerit points online here or by calling 13 10 84, or visit your closest Service SA customer service centre.
What Happens if I Reach 12 Demerit Points?
| Points | Disqualification |
|---|---|
| 12 - 15 | 3 Months |
| 16 to 20 | 4 Months |
| 20 or more | 5 Months |
What Offences Attract Demerit Points?
Various offences attract demerit points in South Australia and may be located in:
- Schedule 4 of the Motor Vehicles Regulations 2010 (SA)
- Road Traffic Act 1961 (SA);
- Australian Road Rules; and also
- SA Police Expiatable Offences.
Common Disqualification Offences
| Offence | Disqualification |
|---|---|
| Breach of good behaviour bond | Double the original period |
| Breach of safer driver agreement | 12 Months |
| Breach of learner's permit | 6 Months |
| Breach of provisional licence | 6 Months |
| Breach of probationary licence | 12 Months |
| Any drug driving | 3 - 12 months |
| Any drink driving & on the spot (0.08 > BAC) | 12 Months + |
| Driving under the influence | 12 Months + |
| Failing to pay fines | Until Paid |
| Graffiti offences | 1 - 6 Months |
| Refusing breath, blood or drug test | 12 Months + |
| Excess speed (>45km.h) | 6 Months |
| Aggravated due dare | 12 Months |
| Drive disqualified | 1 Year + |
| Drive unlicensed | 1 Year + |
| Dangerous driving | 12 Months |
Demerit Points Disqualification
You will receive a notice of disqualification in the mail informing you of the length of the disqualification.
You must personally attend a Service SA centre or an Australia Post and acknowledge receipt of the notice and pay the fee.
When Does the Disqualification Start?
A demerit disqualification will start 28 days from when a disqualification notice is sent to you, providing you formally acknowledge receipt of the notice within this time frame.
Any period where you have chosen not to drive cannot be considered and will not be credited to you by the court if you plead guilty at a later date.
If You Are Already Disqualified
If you are already disqualified, any new demerit disqualification will start immediately after the existing disqualification ends.
Consequences of Disqualification
Learner Permit
If you were the holder of a Learner’s Permit when you committed the offence you are subject to the Graduated Licensing Scheme and will be required to regress to a learner’s permit.
If you regress to a learners permit you will have to re-sit the practical test and pay the fees.
Provisional Licence
If you were the holder of a provisional licence when you committed the offence you are subject to the Graduated Licensing Scheme and will be required to regress to the licence stage prior to what you held at the time of the offence.
You must surrender your licence. You will be reimbursed for the unused period of your licence.
Probationary Licence
If you were on a probationary licence when the offence was committed, after the period of disqualification is served you will be issued a further probationary licence for the prescribed period.
Protecting Your Licence
Losing your licence under the Graduated Licensing Scheme, or for any serious traffic offence, can delay progression to a full licence, jeopardise your job, and disrupt daily life. Whether you hold an L, P1, P2, probationary, or full licence, these penalties come with minimal room for appeal or negotiation.
Disqualification Periods
Motorists in South Australia have three options, depending on the class of licence they hold when they receive a notice of disqualification.
| Licence | Points | DQ | Or | Points | DQ |
|---|---|---|---|---|---|
| Learners | 4 | 12 months | 6 Months if over 25 | N/A | N/A |
| Provisional | 4 | 6 months | Safer Driver Agreement | 4 in 2 years | 12 months |
| Full Licence | 12 | 3 months | Good Behaviour Bond | 2 in 12 months | 6 months |
| Probationary | 2 | 6 months | Drivers Licence Appeal | 2 in 12 months | 12 months |
The notice of disqualification will not permit you to drive a high-powered vehicle.
If you are under 25 the restrictions will apply to you when you regain your provisional licence.
Book a free 30-minute consultation to understand your options.
Making a Trifling Application
Under section 98B(4) of the Motor Vehicles Act 1959 (SA), courts have a discretion to reduce demerit points (and thereby reduce or prevent disqualification) if one of two conditions is satisfied:
- The offence is trifling; or
- Other proper cause exists.
These pathways allow defendants to demonstrate that, in exceptional or unusual circumstances, the usual penalty is not warranted. Yet courts apply these provisions narrowly, requiring clear proof that the circumstances of the offence are atypical or significantly less serious than the “normal” example of its type.
What is a Trifling Offence?
“Trifling” means of slight importance, insignificant, or of little moment. Courts have consistently held that a typical or normal instance of an offence will not be trifling. Instead, there must be something unusual or exceptional about the circumstances—such as:
- Minimal risk or danger to others;
- Inadvertent or unintentional breach;
- Emergency or urgent humanitarian reasons; or
- Atypical facts beyond normal wrongdoing
“Parliament could not have intended that the normal or typical offence would be treated in an exceptional manner.”
(Siviour-Ashman v Police; Chan v Police)
Other Proper Cause
If your offence is not trifling, you can still argue “other proper cause” to reduce demerit points. It generally refers to unusual or extenuating circumstances surrounding the offence, not the offender.
“… the legislature has primarily directed its attention to circumstances extrinsic to the issue of any hardship caused by the loss of licence privileges …”
(McCade v Chandler)
Examples
Minimal Risk or Light Traffic
If you can show the offence posed virtually no hazard—empty road, broad daylight, minimal departure from standard—this might support a trifling claim.
Mechanical or Signage Error
For proper cause, demonstrate a legitimate mechanical defect (faulty speedometer, brake failure) or official signage confusion.
Emergency
If an urgent medical or life-threatening scenario forced you to break the rule, the court may consider trifling or a lesser penalty.
Mistaken Belief
A genuinely soundly based belief in lawfulness (e.g., you actually had official permission) can be relevant, though purely personal assumptions rarely suffice.
Book a Free 30 Minute Consultation
Worried about incurring too many demerit points or facing a mandatory licence suspension?
If you believe your case has atypical or minimal risk elements, you could reduce the penalty through trifling or other proper cause. Contact Talon Legal in Adelaide:
- Protect your licence from lengthy disqualifications.
- Argue a trifling or proper cause submission with expert guidance.
- Avoid devastating personal and professional impacts of losing your right to drive.
Call or book online now for a free 30-minute consultation to discuss your situation. We will examine whether section 98B(4) can help you retain crucial driving privileges and move forward with confidence.