Point system
Encyclopedia
A demerit point system is one in which a driver's licensing authority
, police force, or other organization issues cumulative demerits, or points to drivers on conviction for road traffic offenses. Points may either be added or subtracted, depending on the particular system in use. A major offense may lead to more than the maximum allowed points being issued. Points are typically applied after offenses are committed, and cancelled a defined time, typically a few years, afterwards, or after other conditions are met; if the total exceeds a specified limit the offender may be disqualified from driving for a time, or the driving license may be revoked. Fines and other penalties may be applied additionally, either for an offense or after a certain number of points have been accumulated.
The primary purpose of such point systems is to identify, deter, and penalize repeat offenders of traffic laws, while streamlining the legal process. Germany introduced a demerit point system, in 1974, and one was introduced in NY, USA at about that time.
In jurisdictions which use a point system, the police or licensing authorities (as specified by law) maintain, for each driver, a driving score—typically an integer number specified in points. Traffic offenses, such as speeding or disobeying traffic signals, are each assigned a certain number of points, and when a driver is determined to be guilty of a particular offense (by whatever means appropriate in the region's legal system), the corresponding number of points are added to the driver's total. When the driver's total exceeds a certain threshold, the driver may face additional penalties, be required to attend safety classes or driver training, be subject to re-examination, or lose his/her driving privileges.
The threshold(s) to determine additional penalties may vary based on the driver's experience level, prior driving record, age, educational level attained, and other factors. In particular, it is common to set a lower threshold for young, inexperienced motorists.
In some jurisdictions, points can also be added if the driver is found to be significantly at fault in a traffic accident. Points can be removed from a driver's score by the simple passage of time, by a period of time with no violations or accidents, or by the driver's completion of additional drivers' training or traffic safety training.
Major traffic offenses, such as hit and run
or drunk driving may or may not be handled within the point system. Such offenses often carry a mandatory suspension of driving privileges, and may incur penalties such as imprisonment
.
Governments. Demerit points are used in all states and territories, and road authorities share information about interstate offenses.
In all states, drivers holding a full, unrestricted license will be disqualified from driving after accumulating 12 demerit points or more within a three-year period, except in New South Wales, where drivers are allowed 13 points in a three year period. Those who can prove they are professional drivers are allowed an additional point.. The minimum suspension period is three months, plus one further month for every extra four demerit points beyond the license's limit, with a cap in most states of five months (for 8 points or more over the suspension trigger; e.g. 20 points or more on a full license). An alternative to initially accepting the suspension, a driver can apply for a "good behavior" period of 12 months. In most states, drivers under a good behavior period who accumulate one or two further points (except Victoria does not allow any further offenses) have their license suspended for double the original period.
Most states also provide for immediate suspension of a license, instead of or in addition to demerit points, in certain extreme circumstances. These generally include offenses for driving under the influence of alcohol or drugs, or for greatly excessive speed.
The learner licence system does not use demerit points; licences can be cancelled or suspended at the discretion of a court or the Roads and Traffic Authority
upon committing an offence. However, laws were passed in October 2008 to introduce a demerit point system for learner drivers, expected in late 2009. It is planned that learner drivers will be suspended after 4 demerit points.
During holiday periods, double demerit points apply for speeding, seatbelt and helmet-related offences. School zones attract more one more demerit point than other areas. Automatic suspensions apply for all drink- and drug-driving offences, as well as speeding by more than 30 km/h.
In Victoria, drink-driving offences only result in immediate licence cancellation for unrestricted drivers with a blood alcohol concentration of 0.07 or higher (or 0.05 for drivers with a zero limit). Readings lower than this have the option of a 10-point penalty being imposed of being taken immediately to court; this option still results in a minimum four-month suspension for novice drivers. Automatic suspensions apply for higher level charges, and re-licensing may require an order to install an interlocking device onto the vehicle. Automatic suspension periods of at least 1 month also apply for speeding by greater than 25 km/h over the speed limit, or any speed greater than 130 km/h.
Learner and provisional drivers are subject to suspension for accumulating 5 points or more over a 12-month period. The three-year limit of 12 points still applies.
at Luxembourg.
, some traffic violations will incur a klip ("cut/stamp") in the licence. The cut is not physical, but refers to the klippekort ("buspass"). The cut are remarks in the police database. The licence, only allows three cuts before the police bans the driver conditional, ther then has to take a new test, both a written and practical examination - only then, when passes both tests - will they get their license again but they are only alouthe to have two cut to start with as it with Young drivers only get two cuts for a limited/given period if they haven´t collected any cut in ther licence then they are given a extra cut so they have three. The cut is also limited by time - three years before they are deleted from police datebase.
you can also get an absolutely disqualified/ban from driving
If you get three clips within a period of three years.
If you have taken license for ordinary passenger car or motorcycle for less than three years ago and have two clips in three years.
If you are disqualified from driving condition and will have three clips in the three-year probation for the conditional suspension.
You have previously been driving and you are in a period of three years after the driving ban was imposed, have three clips.
If you have previously been disqualified from driving unconditional and you within a period of five years after the disqualification period has expired, get three clips within three years.
, penalty points are given by courts for some of the traffic offences listed in Schedule 2 of the Road Traffic Offenders Act 1988. Where points are given, the minimum is 2 points for some lesser offences and the maximum 11 points for the most serious offences; some incidents can result in points being given for multiple offences or for multiple occurrences of the same offence (typically for having more than one defective tyre); the majority of applicable offences attract 3 or more penalty points. The giving of penalty points is obligatory for most applicable offences, but the number of points, and the giving of points for some of several offences, can be discretionary
.
Points remain on the driver's record, and an endorsement is made upon the driver's licence, for four years from conviction (eleven years for drink- and drug-related convictions). Twelve points on the licence within three years make the driver liable to disqualification; however this is not automatic, but must be decided by a law court.
Since the introduction of the Road Traffic (New Drivers) Act 1995, if a person in the two years after passing their first practical test accumulates six penalty points, their licence is revoked by the DVLA, and the driver has to reapply and pay for the provisional licence, drive as a learner, and pay for and take the theory and practical tests before receiving a full licence again. In the case of egregious offences, the court may order the driver to pass an extended driving test before the licence is returned, even beyond the two-year probation period.
Since 11 October 2004 there has been mutual recognition
of driver disqualification arising from the penalty points given in England and Wales
(and/or Scotland) with Northern Ireland
; before that date disqualification in England and Wales would only have extended to Scotland by virtue of the driver registration system covering only Great Britain
.
Measures:
The driving license authorities of the federal states are responsible for enforcing the penalty points system called Punkte in Flensburg
(eng. Points in Flensburg). The system provides for the following graded measures. Points rebate is only possible by voluntary measures once within 5 years. It is not possible to accumulate positive points. The date of issue of the participation certificate is decisive for the number of points and the calculation of the five-year period.
Cancellation of entries/Cancellation of points
When the entry is taken off, the points are also deleted. The entries are always taken off the records once the fixed periods laid down in the traffic law (§ 29 StVG) have expired. The entry of a decision concerning an offence cannot be deleted as long as the person concerned is stored in the Central Register of Driving Permits as the holder of a beginner driver’s license (FaP).
Start of cancellation period
The period of time begins for sentences passed by courts with the day of the first verdict. When a driving permit has been denied or withdrawn or a driving ban has been imposed or if the permit has been renounced, the cancellation period does not begin until the driving permit is issued or re-issued, at the latest 5 years after the decision or the renunciation.
After attendance at a constructive seminar or a traffic psychologist's counselling, the suspension period begins on the day the certificate of attendance is issued. If a driving permit is revoked, the period begins on the day the notification is received at the responsible authority.
Extension period
Records are deleted when the cancellation period plus an extension period of one year has elapsed, provided no other decisions hamper cancellation. Cancellation occurs automatically without an application having to be made. No notification of cancellation is sent out. Deleted entries are completely destroyed, therefore no information can be given on them at a later date.
introduced a penalty points system in 2002, based loosely on those of the United Kingdom.
Points are issued by the Road Safety Authority for a list of 42 traffic offences, ranging from 1 point for minor offences up to 5 points, generally for serious offences requiring a court visit. Once 12 points are accumulated, the driver gets an automatic 6 month driving ban. Points lapse after 3 years. Drivers may be banned outside of the system - such as for drink driving, dangerous driving and excessive speeding, most of which have no points amount.
32 of the 42 offences carry fines which can be paid within 28 days, or appealed against - if the appeal is lost the points applied are doubled. The remaining 10 offences require a court appearance at all times. All offences also carry monetary fines
Monthly statistics on the number of penalty points issued are published by the National Safety Council
Moves are underway to allow mutual recognition
of points between the penalty points systems of Ireland, Northern Ireland and Great Britain, as currently drivers can commit motoring offences in either Ireland or the United Kingdom without consequent penalty points being recognised across all the four jurisdictions (Ireland, England and Wales, Northern Ireland, Scotland) involved.
Each traffic violation incurs a specific point penalty (for example, ignoring a traffic light involves a penalty of 6 points). If the driver loses all points, the driving license is revoked.
In case of the second alcohol abuse in 2 years, the driving license will be revoked.
Your suspension is effective from when you are personally served with the suspension notice and you must surrender your driver license to the person giving you the notice.
Some of these violations could also directly result in loss of the licence, however when a driver has 3 points the licence is automatically revoked and a driving test has to be passed again, whereas normally the violation would only result in the licence being suspended for several months. However in Dutch media the effectiveness as been doubted, it was said that points were being given but not always correctly registered.
After July 1, 2011, the normal penalty for most traffic violations, such as failing to yield or failing to stop at red lights, is three dots in addition to the fine. Speeding violations of between 10 and 15 km/h (where the speed limit is 60 km/h or less), or between 15 and 20 km/h (where the speed limit is 70 km/h or more) result in a two dots, for speeding violations below this no dots are assessed. Young drivers between 18-20 are penalized with twice the number of dots.
A driver reaching 8 dots in three years loses his or her driving license for 6 months. Each dot is deleted when three years have passed since the violation took place. When the driving privileges are restored after the six month ban, the dots which caused the suspension are deleted.
and English Law
.
, all traffic violations incur in a certain number of demerit points, depending on their severity, according to the 1997 Brazilian Traffic Code. If a driver accumulates more than 20 points (5 points for provisional drivers), the driving license is suspended and the driver has to take a traffic education course in order to regain the right (privilege) to drive. However, some infractions incur in immediate license suspension regardless of current point tally, such as drunk driving, engaging in street racing
and others. It is also notable that many offenses that only apply to pedestrians also incur in demerit points.
Demerit points expire a year after the date of the violation.
companies, who may use them in determining what rate to charge the motorist, and whether to renew or cancel an insurance policy.
A driver is considered negligent if they accumulate:
Suspension or Revocation by Department of Motor Vehicles (DMV)
Negligent drivers can be put on probation for one year (including a six month suspension) or lose their privilege to drive. At the end of the suspension or revocation period, drivers need to re-apply for a license to drive.
DMV will revoke a license after conviction for hit-and-run or reckless driving.
Suspension by Judge
A judge may suspend license following conviction for:
When a driver is cited for a traffic violation, the judge may offer the driver the opportunity to attend a Traffic Violator School, this would include any online traffic school
if the court allows. Drivers may participate once in any 18 month period to have a citation dismissed from their driving record this way. Upon dismissal of the citation, all record of the citation is removed and no points are accumulated.
Regardless of the number of points accumulated, many serious offenses involving a vehicle are punishable by heavy fines or imprisonment.
Speeding
Speeding Fines are doubled when the infraction occurs within an active school zone or a construction zone.
Moving Violations
Any person who collects a certain amount of points within a given time frame will have their license automatically revoked by the state for the length of time listed.
Any driver under the age of 18 who accumulates six or more points within a 12 month period is automatically restricted for one year to driving for business purposes only. If additional points are accumulated the restriction is extended for 90 days for every additional point received.
If a driver license was suspended in the state of Florida for points or as a habitual (but not DUI) traffic offender, or by court order, the holder must complete an advanced driver improvement course before driving privileges are reinstated.
Points issued against a driver's license in Florida remain on the license for at least 10 years.
The State of Florida issues its citizens points against their driver's license for infractions occurring anywhere in the United States.
has a point system; after 11 points or 3 speeding tickets in 18 months, a driver's privileges are subject to suspension, with the possibility of requesting a hearing. Points are counted from the date of the incident (usually the date of the ticket) rather than the date of conviction. For out-of-state offenses NYSDMV does not record point violations, with the exception of violations from Quebec
and Ontario
.
conviction ($1000–$2000), driving without a license ($100), or driving without insurance ($250). The license is suspended if the surcharges are not paid.
Points clear from the license after three years, but the actual convictions clear from the record after five years, except for DWI convictions, which never expire.
point system is known as Safe Driver Insurance Plan (SDIP). This encourages safe driving with lower premiums for drivers who do not cause accidents or commit traffic violations, and by ensuring that high-risk drivers pay a greater share of insurance costs. The points are accumulated over the period, and reduced for sustained period of safe driving. Every 3 years of safe driving reduces points by 1 for each year.
Driver's license
A driver's license/licence , or driving licence is an official document which states that a person may operate a motorized vehicle, such as a motorcycle, car, truck or a bus, on a public roadway. Most U.S...
, police force, or other organization issues cumulative demerits, or points to drivers on conviction for road traffic offenses. Points may either be added or subtracted, depending on the particular system in use. A major offense may lead to more than the maximum allowed points being issued. Points are typically applied after offenses are committed, and cancelled a defined time, typically a few years, afterwards, or after other conditions are met; if the total exceeds a specified limit the offender may be disqualified from driving for a time, or the driving license may be revoked. Fines and other penalties may be applied additionally, either for an offense or after a certain number of points have been accumulated.
The primary purpose of such point systems is to identify, deter, and penalize repeat offenders of traffic laws, while streamlining the legal process. Germany introduced a demerit point system, in 1974, and one was introduced in NY, USA at about that time.
Description
- This article discusses point systems in the abstract; for details about any point system in place in your area, consult your local police department, DMV, or other drivers' licensing authority. This description treats points as demerits; in some jurisdictions, points may instead be measures of merit which are subtracted when a traffic offense is committed.
In jurisdictions which use a point system, the police or licensing authorities (as specified by law) maintain, for each driver, a driving score—typically an integer number specified in points. Traffic offenses, such as speeding or disobeying traffic signals, are each assigned a certain number of points, and when a driver is determined to be guilty of a particular offense (by whatever means appropriate in the region's legal system), the corresponding number of points are added to the driver's total. When the driver's total exceeds a certain threshold, the driver may face additional penalties, be required to attend safety classes or driver training, be subject to re-examination, or lose his/her driving privileges.
The threshold(s) to determine additional penalties may vary based on the driver's experience level, prior driving record, age, educational level attained, and other factors. In particular, it is common to set a lower threshold for young, inexperienced motorists.
In some jurisdictions, points can also be added if the driver is found to be significantly at fault in a traffic accident. Points can be removed from a driver's score by the simple passage of time, by a period of time with no violations or accidents, or by the driver's completion of additional drivers' training or traffic safety training.
Major traffic offenses, such as hit and run
Hit and run (vehicular)
Hit-and-run is the act of causing a traffic accident , and failing to stop and identify oneself afterwards...
or drunk driving may or may not be handled within the point system. Such offenses often carry a mandatory suspension of driving privileges, and may incur penalties such as imprisonment
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
.
Requirements of point systems
- A close relation of points and accident risk (validity)
- Comprehensibility for a good acceptance
- A high level of transparency for concerned persons
- Regulated reduction of points by effective psychological help
Australia
Traffic laws are the responsibility of the State and TerritoryStates and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
Governments. Demerit points are used in all states and territories, and road authorities share information about interstate offenses.
In all states, drivers holding a full, unrestricted license will be disqualified from driving after accumulating 12 demerit points or more within a three-year period, except in New South Wales, where drivers are allowed 13 points in a three year period. Those who can prove they are professional drivers are allowed an additional point.. The minimum suspension period is three months, plus one further month for every extra four demerit points beyond the license's limit, with a cap in most states of five months (for 8 points or more over the suspension trigger; e.g. 20 points or more on a full license). An alternative to initially accepting the suspension, a driver can apply for a "good behavior" period of 12 months. In most states, drivers under a good behavior period who accumulate one or two further points (except Victoria does not allow any further offenses) have their license suspended for double the original period.
Most states also provide for immediate suspension of a license, instead of or in addition to demerit points, in certain extreme circumstances. These generally include offenses for driving under the influence of alcohol or drugs, or for greatly excessive speed.
New South Wales
Provisional licence holders are allowed different numbers of demerit points over the lifetime of their licence, depending on their licence class, before being suspended from driving for three months. Holders of a P1 licence, which lasts 12–18 months (but can be renewed), are suspended after accumulating 4 points, while P2 licence holders are suspended after 7 points in a 24-30 month period (but can be renewed). Speeding offences for provisional licence holders are set to a minimum of four points, meaning that P1 holders will be suspended after one speeding offence of any speed.The learner licence system does not use demerit points; licences can be cancelled or suspended at the discretion of a court or the Roads and Traffic Authority
Roads and Traffic Authority
The Roads and Traffic Authority is a former New South Wales government agency that was responsible for major road infrastructure, licensing of drivers, and registration of motor vehicles. The RTA directly managed State roads and provided funding to local councils for regional and local roads...
upon committing an offence. However, laws were passed in October 2008 to introduce a demerit point system for learner drivers, expected in late 2009. It is planned that learner drivers will be suspended after 4 demerit points.
During holiday periods, double demerit points apply for speeding, seatbelt and helmet-related offences. School zones attract more one more demerit point than other areas. Automatic suspensions apply for all drink- and drug-driving offences, as well as speeding by more than 30 km/h.
Victoria
Learner and probationary drivers are subject to suspension for accumulating 5 points or more over a 12-month period. The three-year limit of 12 points still applies.In Victoria, drink-driving offences only result in immediate licence cancellation for unrestricted drivers with a blood alcohol concentration of 0.07 or higher (or 0.05 for drivers with a zero limit). Readings lower than this have the option of a 10-point penalty being imposed of being taken immediately to court; this option still results in a minimum four-month suspension for novice drivers. Automatic suspensions apply for higher level charges, and re-licensing may require an order to install an interlocking device onto the vehicle. Automatic suspension periods of at least 1 month also apply for speeding by greater than 25 km/h over the speed limit, or any speed greater than 130 km/h.
Northern Territory
A demerit points scheme was introduced into the Northern Territory on 1 September 2007. Offences that accrue points include speeding, failing to obey a red traffic light or level crossing signal, failing to wear a seatbelt, drink driving, using a mobile phone, failure to display L or P plates, street racing, burnouts and causing damage.Learner and provisional drivers are subject to suspension for accumulating 5 points or more over a 12-month period. The three-year limit of 12 points still applies.
Queensland
In Queensland provisional or learner drivers are entitled to accumulate 4 demerit points, and open licence holders 12 demerit points, without it affecting their licence. A driver who exceeds their demerit point threshold may elect to lose their licence for a period of 3 months or elect a good driving behaviour period which allows them to incur only one demerit point offences without it affecting their licence. If whilst on the good driving behaviour period a driver incurs more than one demerit point then they will lose their licence for a minimum of 6 months unless a Magistrates Court grants a special hardship licenceEuropean Union
Traffic law in the European Union is going to be harmonised step by step. The guideline L 403/18 describes the challenge: "Despite the progress achieved with harmonising the rules on driving licences, significant differences have persisted between Member States in the rules on periodicity of licences renewal and on subcategories of vehicles, which needed to be harmonised more fully, in order to contribute to the implementation of Community policies". The unity of law and jurisdiction is monitored by the European Court of JusticeEuropean Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
at Luxembourg.
Denmark
In DenmarkDenmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, some traffic violations will incur a klip ("cut/stamp") in the licence. The cut is not physical, but refers to the klippekort ("buspass"). The cut are remarks in the police database. The licence, only allows three cuts before the police bans the driver conditional, ther then has to take a new test, both a written and practical examination - only then, when passes both tests - will they get their license again but they are only alouthe to have two cut to start with as it with Young drivers only get two cuts for a limited/given period if they haven´t collected any cut in ther licence then they are given a extra cut so they have three. The cut is also limited by time - three years before they are deleted from police datebase.
you can also get an absolutely disqualified/ban from driving
If you get three clips within a period of three years.
If you have taken license for ordinary passenger car or motorcycle for less than three years ago and have two clips in three years.
If you are disqualified from driving condition and will have three clips in the three-year probation for the conditional suspension.
You have previously been driving and you are in a period of three years after the driving ban was imposed, have three clips.
If you have previously been disqualified from driving unconditional and you within a period of five years after the disqualification period has expired, get three clips within three years.
England and Wales
In England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, penalty points are given by courts for some of the traffic offences listed in Schedule 2 of the Road Traffic Offenders Act 1988. Where points are given, the minimum is 2 points for some lesser offences and the maximum 11 points for the most serious offences; some incidents can result in points being given for multiple offences or for multiple occurrences of the same offence (typically for having more than one defective tyre); the majority of applicable offences attract 3 or more penalty points. The giving of penalty points is obligatory for most applicable offences, but the number of points, and the giving of points for some of several offences, can be discretionary
.
Points remain on the driver's record, and an endorsement is made upon the driver's licence, for four years from conviction (eleven years for drink- and drug-related convictions). Twelve points on the licence within three years make the driver liable to disqualification; however this is not automatic, but must be decided by a law court.
Since the introduction of the Road Traffic (New Drivers) Act 1995, if a person in the two years after passing their first practical test accumulates six penalty points, their licence is revoked by the DVLA, and the driver has to reapply and pay for the provisional licence, drive as a learner, and pay for and take the theory and practical tests before receiving a full licence again. In the case of egregious offences, the court may order the driver to pass an extended driving test before the licence is returned, even beyond the two-year probation period.
Since 11 October 2004 there has been mutual recognition
Traffic Violations Reciprocity
Under traffic violations reciprocity agreements, non-resident drivers are treated like residents when they are stopped for a traffic offense that occurs in another jurisdiction. They also ensure that punishments such as "points" on one's license and the ensuring increase in insurance premiums...
of driver disqualification arising from the penalty points given in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
(and/or Scotland) with Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
; before that date disqualification in England and Wales would only have extended to Scotland by virtue of the driver registration system covering only Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
.
Germany
Points rating:- Criminal acts in traffic are rated by 5 - 7 points depending on type and severity.
- Traffic offences are rated by 1 - 4 points.
- The person concerned may obtain information on his or her points at any time free of charge.
Measures:
The driving license authorities of the federal states are responsible for enforcing the penalty points system called Punkte in Flensburg
Flensburg
Flensburg is an independent town in the north of the German state of Schleswig-Holstein. Flensburg is the centre of the region of Southern Schleswig...
(eng. Points in Flensburg). The system provides for the following graded measures. Points rebate is only possible by voluntary measures once within 5 years. It is not possible to accumulate positive points. The date of issue of the participation certificate is decisive for the number of points and the calculation of the five-year period.
| Points | Description | Deduction |
| 4 to 8 | Voluntary attendance at a constructive seminar | 4 points |
| 9 to 13 | A caution is issued with a reference to voluntary attendance at a constructive seminar. | After voluntary attendance: 2 points |
| 14 to 17 | Mandatory attendance at a constructive seminar, if the person concerned has not attended a constructive seminar within the last 5 years. | After mandatory attendance at the seminar a second written caution is issued with a reference to voluntary participation in a traffic psychologist‘s Traffic psychology Traffic psychology is a young, expanding and wide field in psychology. Whereas traffic psychology is primarily related to the study of the behavior of road users and the psychological processes underlying that behavior as well as to the relationship between behavior and accidents, transportation... counselling. After voluntary participation: 2 points |
| 18 and more | Driving permit is withdrawn. To regain the permit, a certificate of MPA Medical Psychological Assessment The Medical Psychological Assessment is a German measure ruled by law for persons seeking to regain their driving licence.-History:The first standards mandating the MPA for certain prospective drivers were legally adopted in 1955... is necessary. |
Cancellation of entries/Cancellation of points
When the entry is taken off, the points are also deleted. The entries are always taken off the records once the fixed periods laid down in the traffic law (§ 29 StVG) have expired. The entry of a decision concerning an offence cannot be deleted as long as the person concerned is stored in the Central Register of Driving Permits as the holder of a beginner driver’s license (FaP).
Start of cancellation period
The period of time begins for sentences passed by courts with the day of the first verdict. When a driving permit has been denied or withdrawn or a driving ban has been imposed or if the permit has been renounced, the cancellation period does not begin until the driving permit is issued or re-issued, at the latest 5 years after the decision or the renunciation.
After attendance at a constructive seminar or a traffic psychologist's counselling, the suspension period begins on the day the certificate of attendance is issued. If a driving permit is revoked, the period begins on the day the notification is received at the responsible authority.
Extension period
Records are deleted when the cancellation period plus an extension period of one year has elapsed, provided no other decisions hamper cancellation. Cancellation occurs automatically without an application having to be made. No notification of cancellation is sent out. Deleted entries are completely destroyed, therefore no information can be given on them at a later date.
| Years | Cancellation periods |
| 2 | For decisions on traffic offences |
| 5 | For decisions on criminal acts with the exception of DUI DUI DUI is a three letter acronym that may stand for:* Driving under the influence * Democratic Union for Integration — the largest ethnic Albanian party in the Republic of Macedonia* Data Use Identifier... . Also excepted are decisions whereby a driving permit has been withdrawn or a driving ban has been imposed. |
| 10 | In all other cases (e. g. exceptions to the 5-year period, renunciation of driving permit, denial of driving permit). |
Ireland
IrelandRepublic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
introduced a penalty points system in 2002, based loosely on those of the United Kingdom.
Points are issued by the Road Safety Authority for a list of 42 traffic offences, ranging from 1 point for minor offences up to 5 points, generally for serious offences requiring a court visit. Once 12 points are accumulated, the driver gets an automatic 6 month driving ban. Points lapse after 3 years. Drivers may be banned outside of the system - such as for drink driving, dangerous driving and excessive speeding, most of which have no points amount.
32 of the 42 offences carry fines which can be paid within 28 days, or appealed against - if the appeal is lost the points applied are doubled. The remaining 10 offences require a court appearance at all times. All offences also carry monetary fines
Monthly statistics on the number of penalty points issued are published by the National Safety Council
Moves are underway to allow mutual recognition
Traffic Violations Reciprocity
Under traffic violations reciprocity agreements, non-resident drivers are treated like residents when they are stopped for a traffic offense that occurs in another jurisdiction. They also ensure that punishments such as "points" on one's license and the ensuring increase in insurance premiums...
of points between the penalty points systems of Ireland, Northern Ireland and Great Britain, as currently drivers can commit motoring offences in either Ireland or the United Kingdom without consequent penalty points being recognised across all the four jurisdictions (Ireland, England and Wales, Northern Ireland, Scotland) involved.
Italy
In Italy the driver has 20 points by default, and receives a bonus of 2 points for every 2 years of correct behavior, with a maximum of 30 points.Each traffic violation incurs a specific point penalty (for example, ignoring a traffic light involves a penalty of 6 points). If the driver loses all points, the driving license is revoked.
In case of the second alcohol abuse in 2 years, the driving license will be revoked.
Your suspension is effective from when you are personally served with the suspension notice and you must surrender your driver license to the person giving you the notice.
Netherlands
Since March 30, 2002, The Netherlands has a point system for starting drivers (5 years starting from the moment you first passed a driving test). A driver reaching 3 points in 5 years will lose the driving licence and has to pass a driving test again in order to be regain the licence. Drivers can get a point for:- Dangerous behaviour in traffic,
- Causing an accident resulting in death or injury
- Tailgating
- Exceeding the speedlimit with more than 40 km/h (motorways), or 30 km/h (all other roads)
- Any violation of the law which resulted in injury or damage
Some of these violations could also directly result in loss of the licence, however when a driver has 3 points the licence is automatically revoked and a driving test has to be passed again, whereas normally the violation would only result in the licence being suspended for several months. However in Dutch media the effectiveness as been doubted, it was said that points were being given but not always correctly registered.
Northern Ireland
The driver registration system is separate from that of Great Britain with different laws covering penalty points and the offences to which they apply. In other respects the application of the system is similar to that in England and Wales. Offences to which penalty points apply are indicated in Schedule 1 of the Road Traffic Offenders (Northern Ireland) Order 1996.Norway
The system is called "prikkbelastning" with prikk(er) meaning dot(s). Dots are assessed to a driver's license for traffic violations which do not by themselves result in immediate revocation of the license.After July 1, 2011, the normal penalty for most traffic violations, such as failing to yield or failing to stop at red lights, is three dots in addition to the fine. Speeding violations of between 10 and 15 km/h (where the speed limit is 60 km/h or less), or between 15 and 20 km/h (where the speed limit is 70 km/h or more) result in a two dots, for speeding violations below this no dots are assessed. Young drivers between 18-20 are penalized with twice the number of dots.
A driver reaching 8 dots in three years loses his or her driving license for 6 months. Each dot is deleted when three years have passed since the violation took place. When the driving privileges are restored after the six month ban, the dots which caused the suspension are deleted.
Scotland
Road traffic laws are mostly shared with, or similar to those of, England and Wales, although Scotland is a separate jurisdiction. The driver registration system currently covers all of Great Britain and the Road Traffic Offenders Act 1988 currently governs the penalty points system in Scotland. The main differences in the penalty points provisions of the 1988 Act are the theft and homicide offences attracting penalty points indicated in Schedule 2 Part II ("Other Offences") which are not common between Scots LawScots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
and English Law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
.
Brazil
In BrazilBrazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, all traffic violations incur in a certain number of demerit points, depending on their severity, according to the 1997 Brazilian Traffic Code. If a driver accumulates more than 20 points (5 points for provisional drivers), the driving license is suspended and the driver has to take a traffic education course in order to regain the right (privilege) to drive. However, some infractions incur in immediate license suspension regardless of current point tally, such as drunk driving, engaging in street racing
Street racing
Street racing is a form of unsanctioned and illegal motor racing which takes place on public roads. Street racing can either be spontaneous or well-planned and coordinated. Well coordinated races are planned in advance and often have people communicating via 2-way radio/citizens' band radio and...
and others. It is also notable that many offenses that only apply to pedestrians also incur in demerit points.
| Infraction | Points | Examples |
| Light | 3 points | Driving while using a mobile phone |
| Medium | 4 points | Parking where is not allowed, Stop on a crosswalk or intersection |
| Severe | 5 points | Not wearing a seatbelt, Failure to signal before turning or changing lanes, Speeding |
| Very Severe | 7 points | Disrespecting traffic lights, Driving a vehicle without the appropriate license, Excessive Speeding |
Demerit points expire a year after the date of the violation.
United States of America
The point system is applied in different ways, or not at all, in different states. Aspects of a motorist's driving record (including points) may be reported to insuranceInsurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
companies, who may use them in determining what rate to charge the motorist, and whether to renew or cancel an insurance policy.
California
Drivers who accumulate tickets for moving violations may be considered negligent operators and can lose their right to drive. Major offenses, such as hit and run, reckless driving, and driving under the influence, earn 2 points and remain on record for ten years. Less serious offenses earn 1 point which remains for three years.A driver is considered negligent if they accumulate:
- 4 points in 12 months, or
- 6 points in 24 months, or
- 8 points in 36 months
Suspension or Revocation by Department of Motor Vehicles (DMV)
Negligent drivers can be put on probation for one year (including a six month suspension) or lose their privilege to drive. At the end of the suspension or revocation period, drivers need to re-apply for a license to drive.
DMV will revoke a license after conviction for hit-and-run or reckless driving.
Suspension by Judge
A judge may suspend license following conviction for:
- Breaking speed laws or reckless driving.
- Driving under the influence of alcohol or drugs.
- Hit-and-run driving.
- Engaging in lewd conduct and prostitution in a vehicle within 1000 feet (300 m) of a residence.
- Assaulting a driver, passenger, bicyclist, or pedestrian when the offense occurs on a highway (road rage).
- Failure to stop as required at a railway grade crossing.
- Felony or misdemeanor offense of recklessly fleeing a law enforcement officer.
When a driver is cited for a traffic violation, the judge may offer the driver the opportunity to attend a Traffic Violator School, this would include any online traffic school
Online traffic school
Online traffic school refers to a traffic school course that is completed over the Internet. These courses are similar in content to a traditional classroom traffic school course; however, online / internet traffic school allows the student to complete the course on his own time and at his own pace...
if the court allows. Drivers may participate once in any 18 month period to have a citation dismissed from their driving record this way. Upon dismissal of the citation, all record of the citation is removed and no points are accumulated.
Regardless of the number of points accumulated, many serious offenses involving a vehicle are punishable by heavy fines or imprisonment.
Colorado
Colorado uses an accumulating point system according to the Colorado Division of Motor Vehicles Point Schedule. Suspension of driving privileges can result from as few as 6 points in 12 months by a driver under 18 years old. Points remain on the driver's motor vehicle record for 7 years. Some motor vehicle offenses carry 12 points per incident, which could result in immediate suspension of the drivers license. Multiple traffic violation convictions can also result in a suspension of the drivers license if a sufficient number of points are accumulated during a 12- or 24-month period.Florida
Florida uses a point system similar to that of Colorado. The Florida Department of Highway Safety and Motor Vehicles is the department responsible for the issuance of Driver's Licenses in the state and will also track points issued to drivers who are licensed within the state. The following are point values assigned for the following infractions.Speeding
- 14 mph or less over the speed limit = 3 points
- 15 mph or more over the speed limit = 4 points
- Speeding which results in a crash = 6 points (enacted to curtail street drag racing)
Speeding Fines are doubled when the infraction occurs within an active school zone or a construction zone.
Moving Violations
- Moving violation (includes driving during restricted hours and parking on a highway outside the limits of a municipality) = 3 points
- Moving violation resulting in a crash = 4 points
- Failing to stop at a traffic signal = 4 points
- Passing a stopped school bus = 4 points
- Reckless driving = 4 points
- Leaving the scene of a crash resulting in property damage of more than US$50 = 6 points
- Improper lane change = 3 points
- Violation of a traffic control sign/device = 4 points
- Open container as an operator = 3 points
- Child restraint violation = 3 points
- Littering = 3 points
- Violation of curfew = 3 points (a licensed driver who is under the age of 17 may not operate a motor vehicle between 11:00 p.m. and 6:00 a.m., unless accompanied by a driver who is 21 years of age or older and holds a valid driver license, or the operator is driving to or from work. A licensed driver who is 17 years of age may not operate a motor vehicle between 1:00 a.m. and 5:00 a.m., unless accompanied by a driver who is 21 years of age or older and holds a valid driver license, or the operator is driving to and from work.)
Any person who collects a certain amount of points within a given time frame will have their license automatically revoked by the state for the length of time listed.
- 12 points earned within 12 months results in a 30 day suspension.
- 18 points earned within 18 months results in a 3 month suspension.
- 24 points earned within 36 months results in a 12 month suspension.
Any driver under the age of 18 who accumulates six or more points within a 12 month period is automatically restricted for one year to driving for business purposes only. If additional points are accumulated the restriction is extended for 90 days for every additional point received.
If a driver license was suspended in the state of Florida for points or as a habitual (but not DUI) traffic offender, or by court order, the holder must complete an advanced driver improvement course before driving privileges are reinstated.
Points issued against a driver's license in Florida remain on the license for at least 10 years.
The State of Florida issues its citizens points against their driver's license for infractions occurring anywhere in the United States.
New York
New York StatutesNew York Statutes
New York Statutes consists of both the consolidated and unconsolidated laws of New York state.Most New York statutory laws are codified in two annotated sets of books: McKinney's Consolidated Laws of New York Annotated and New York Consolidated Laws Service...
has a point system; after 11 points or 3 speeding tickets in 18 months, a driver's privileges are subject to suspension, with the possibility of requesting a hearing. Points are counted from the date of the incident (usually the date of the ticket) rather than the date of conviction. For out-of-state offenses NYSDMV does not record point violations, with the exception of violations from Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
and Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
.
Texas
In Texas most moving violations are worth two points, but three points are assessed in the case that an accident was caused. A license cannot be suspended as a result of point accumulation, however; instead, after six points have been accumulated, the driver must pay a "Driver Responsibility Surcharge" of $100 plus $25 per additional point each year that the license has six or more points recorded. Other convictions carry penalties that remain on the license for three years after conviction, such as a DWIDWI
DWI is an acronym which means:* Driving while intoxicated, see Driving under the influence* Driving while impaired* Danish West Indies* Diffusion-weighted imaging, a technique used in magnetic resonance imaging* Drinking Water Inspectorate...
conviction ($1000–$2000), driving without a license ($100), or driving without insurance ($250). The license is suspended if the surcharges are not paid.
Points clear from the license after three years, but the actual convictions clear from the record after five years, except for DWI convictions, which never expire.
Massachusetts
In MassachusettsMassachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
point system is known as Safe Driver Insurance Plan (SDIP). This encourages safe driving with lower premiums for drivers who do not cause accidents or commit traffic violations, and by ensuring that high-risk drivers pay a greater share of insurance costs. The points are accumulated over the period, and reduced for sustained period of safe driving. Every 3 years of safe driving reduces points by 1 for each year.
Other jurisdictions
The following jurisdictions, not discussed above, also apply points systems:- CanadaCanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
- OntarioOntarioOntario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
- SaskatchewanSaskatchewanSaskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
- Ontario
- People's Republic of ChinaPeople's Republic of ChinaChina , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
- see also Road Traffic Safety Law of the People's Republic of ChinaRoad Traffic Safety Law of the People's Republic of ChinaThe Road Traffic Safety Law of the People's Republic of China is a law which was passed by the National People's Congress of the People's Republic of China on October 28, 2003, promulgated by Decree No... - Republic of ChinaRepublic of ChinaThe Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
(Taiwan) - FranceFranceThe French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
- Hong KongHong KongHong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
- Malaysia - see also KEJARA System
- MoroccoMoroccoMorocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...
- New ZealandNew ZealandNew Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
- SerbiaSerbiaSerbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
- SingaporeSingaporeSingapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
- SloveniaSloveniaSlovenia , officially the Republic of Slovenia , is a country in Central and Southeastern Europe touching the Alps and bordering the Mediterranean. Slovenia borders Italy to the west, Croatia to the south and east, Hungary to the northeast, and Austria to the north, and also has a small portion of...
External links
- Penalty Points and Fines, UK site, nice clear information on points for various driving offences.
- Penalty Points in Czech republic, CZ site, information on points for various driving offences.