Victoria Demerit Points: The Dual-Test Threshold for New Drivers Explained (2026)

Victoria's demerit point system is administered by VicRoads under the Department of Transport and Planning. A full licence holder can accrue up to 12 points before suspension, but learner and probationary drivers face a dual test: 5 points in 12 months or 12 points in 3 years, whichever comes first.

This article addresses driver licensing and demerit point law in Victoria, Australia, under the Road Safety Act 1986 (Vic) and the Road Safety (Drivers) Regulations 2019 (Vic). It does not address demerit point rules in other Australian states or territories; for a full comparison, see the Australia driving laws hub and the national demerit points explainer.

How Victoria's Demerit Point System Works

Victoria's driver licensing system, including the recording and enforcement of demerit points, is administered by VicRoads, an agency operating under the Department of Transport and Planning. The legal framework sits in two instruments: the Road Safety Act 1986 (Vic), which sets out the disqualification and suspension powers, and the Road Safety (Drivers) Regulations 2019 (Vic), whose Schedule 3 lists the demerit points attached to specific offences. Every driver starts at zero points. Points are added when VicRoads receives notice of an infringement from Fines Victoria, Victoria Police or a court; VicRoads does not issue the underlying fines itself, and generally cannot be asked to remove points because a driver disputes having committed the offence, only for a genuine clerical or calculation error. How many points a driver can hold before facing consequences depends on the class of licence held, not a single flat number that applies to every driver.

The 12-Point Threshold for Full Licence Holders

A driver who holds a full Victorian driver licence can accumulate up to 12 demerit points within any rolling 3-year period before VicRoads issues a disqualification notice. This 3-year threshold is the only test that applies once a driver is past the learner and probationary stages; there is no separate short-window cap for full licence holders the way there is for newer drivers, covered below. The count is rolling, so an offence more than 3 years old no longer counts toward this particular threshold test, even though the individual point may still be visible on the driver's history for longer under the separate 4-year record rule. Reaching 12 points within the 3-year window, regardless of how the individual offences accrued, triggers the same notice process described later in this article.

The Dual Test for Learner and Probationary (P1 and P2) Drivers

Victoria applies a materially different, dual test to learner permit holders and P1 or P2 probationary licence holders (and to overseas-licence drivers under 22 with no Victorian licence): suspension is triggered at 5 demerit points within any 12-month period, or 12 demerit points within any 3-year period, whichever threshold is reached first. This is not simply "12 points like everyone else" scaled down; a novice driver can be disqualified well before reaching double figures if points accumulate quickly. For example, a P1 driver who picks up a 3-point offence in March and a 3-point offence in October of the same year has 6 points inside a single 12-month window, over the 5-point limit, even though the driver is nowhere near 12 points and would not trigger anything under the full-licence rule alone. The 12-in-3-years test still applies to novices as a slower-moving second trigger running in parallel with the faster 12-month one.

What Happens When You Reach or Exceed the Limit

When a driver reaches or exceeds the demerit point limit that applies to their licence, VicRoads sends a notice advising that action will be taken. The driver is then offered a choice: accept an immediate licence suspension of a length VicRoads sets, or elect to extend the demerit point period instead, an extended period during which any further offence carrying demerit points ends the extension early and converts it into a suspension or disqualification. Once the suspension or extension period is completed in full without a further qualifying offence, those points stop counting toward future totals. VicRoads administers this process from offence data forwarded by Fines Victoria, Victoria Police and the courts; the agency does not issue the underlying infringement notices and generally cannot reconsider whether points should have applied, only genuine record-keeping errors.

Mobile Phone and Speeding Fines for FY2026-27

For the 2026-27 financial year, using a hand-held mobile phone while driving in Victoria carries a $627 fine and 4 demerit points; failing to wear a seatbelt correctly carries a related $418 fine and 3 points. Speeding penalties scale with how far over the limit a driver is detected, and the higher bands add an automatic licence suspension on top of the fine and points, independent of the driver's existing demerit point balance. A driver detected at 25 km/h or more over the limit can face both a fine and a suspension from the same infringement, which can take effect faster than the demerit point notice process described above. These figures apply for the financial year beginning 1 July 2026 and are reviewed annually, so a driver checking an older figure online should confirm which financial year it applies to before relying on it.

Drink Driving BAC Categories in Victoria

Victoria sets blood alcohol concentration (BAC) limits by licence type rather than a single number that applies to everyone. A full licence holder's legal limit is 0.05. Learner and probationary drivers are held to a zero-alcohol limit of 0.00. A consolidated, tiered dollar fine schedule for drink-driving offences was not able to be confirmed against a primary Victorian Government source at the time of writing, so specific fine amounts are not stated here; readers should confirm current fine amounts directly with VicRoads or Victoria's court information services. What is confirmed under the Road Safety Act 1986 (Vic) is the disqualification structure: a minimum disqualification of 3 months applies, commonly 6 months or longer for higher-range or repeat offences, and up to 5 years for the most serious offences. A driver recording a BAC of 0.10 or higher on a first offence faces a mandatory 30-day vehicle impoundment, and an alcohol interlock is mandatory after any licence loss connected to a drink-driving offence.

How Victoria Compares to Other States

Victoria's dual test for novice drivers is unusual compared to several neighbouring jurisdictions, which apply a single flat limit to new drivers instead of a two-part test. Queensland gives learner, P1 and P2 drivers a flat 4 points in 1 year, a single test with no separate 3-year backstop running alongside it. Western Australia splits novices into experience tiers rather than a time-based dual test: an 8-point limit for drivers with 1 to 2 years' experience and a 4-point limit for drivers with less than 2 years, both still tested against the same 3-year accrual window used for full licences. New South Wales, by contrast, gives full licence holders a higher 13-point threshold (14 for an opted-in professional driver) but keeps a single flat number for novices, 7 for P2 and 4 for P1, rather than Victoria's two-part test. A Victorian novice driver should treat the 5-in-12-months trigger as the one most likely to catch them first, since it can bind well before the slower 3-year count ever approaches 12.

Victoria Demerit Points at a Glance

This article provides general information about demerit points and driver licensing law in Victoria, Australia. It is not legal advice and does not account for individual circumstances. Information was verified against Victorian Government primary sources on 20 July 2026. For advice about a specific licence, suspension notice or infringement, consult a legal practitioner admitted in the relevant Australian state or territory, or contact VicRoads or the Department of Transport and Planning directly.

For the demerit rules in other states and territories, see the Australia driving laws hub, the national demerit points explainer, and drink driving limits across Australia.