Point system (driving): Difference between revisions
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{{Short description|Demerit system for traffic and motoring offences}} |
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A '''point system''' is one in which a [[driver's license|driver's licensing authority]] issues demerits, or ''points'' to drivers on conviction for road traffic offenses. A major offense may lead to more than the maximum allowed points being issued, but more typically, the accumulation of too many points over a given period or time can lead to additional penalties, including fines and suspension or revocation of the driver's license. The primary purpose of such point systems is to identify and deter repeat offenders of traffic laws, whilst also streamlining the legal process. |
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{{Multiple issues| |
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{{tone|date=July 2015}} |
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{{More citations needed|date=March 2008}} |
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}} |
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Many countries have adopted a '''penalty point/demerit point''' system under which a person's [[driver's license|driving license]] is revoked or suspended based on the number of points they have accumulated over a specific period of time. Points are given for [[Moving violation|traffic offenses]] or infringements committed during that period. The demerit points schemes of each jurisdiction vary. These demerit schemes are usually in addition to fines or other penalties which may be imposed for a particular offence or infringement. |
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Under these schemes, a [[driver's license|driver licensing authority]], [[police force]], or other [[organization]] keeps a record of the demerit points accumulated by drivers. Points may either be added or subtracted, depending on the rules of each scheme. |
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When the prescribed point threshold is reached or exceeded, the person's license is usually revoked or suspended for a defined time, or until other conditions are met. After the license suspension period has expired, the previous demerit points are cancelled. The primary purpose of such point systems is to identify, determine, and penalize repeat traffic offenders, while streamlining the legal process. |
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== Description == |
== Description == |
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{{Unreferenced|date=December 2006}} |
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:''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.'' |
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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. |
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In [[jurisdiction]]s which use a point system, the [[police]] or licensing authorities maintain a record of the demerit points accumulated by each driver. 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 offence, the corresponding number of points are added to the driver's total. When the driver's total exceeds the prescribed threshold, the driver may face additional penalties, be required to attend safety classes or [[Driver's education|driver training]], be subject to re-examination, or lose their driving privileges. In some jurisdictions, a "subtractive" points system is used instead, in which drivers start with a certain number of points which are then subtracted when a traffic offense is committed. |
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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. |
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The threshold(s) to determine additional penalties may vary based on the driver's experience level, prior [[National Driver Register|driving record]], age, educational level attained, and other factors. In particular, it is common to set a lower threshold for young, inexperienced [[motorists]]. |
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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. |
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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 [[Car accidents|accidents]], or by the driver's completion of additional drivers' training or traffic safety training. |
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Major traffic offenses, such as [[hit and run]] or [[drunk driving]] may or may not be handled within the point system. |
Major traffic offenses, such as [[hit and run (vehicular)|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]].{{citation needed|date=December 2024}} |
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==Jurisdictions that use a point system== |
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In the [[United States]], aspects of a motorists driving record (including points) may be reported to [[insurance]] companies; who may then use a motorists score in determining what rate to charge the motorist, and/or whether or not to renew or cancel an insurance policy. |
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===Australia=== |
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==Jurisdictions which use a point system== |
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Traffic laws are the responsibility of the [[Australia]] state and territory governments.{{citation needed|date=December 2024}} Demerit points schemes have been adopted by all states and territories, and road authorities share information about interstate offenses. |
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===United Kingdom=== |
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In the [[United Kingdom|UK]], points are given for traffic offences, e.g. typically three to six points for a speeding offence. Points remain on the licence for four years from conviction (eleven years for drink- and drug-related convictions) - twelve points on the licence within three years makes the driver liable to disqualification by a court, but not automatic disqualification.<ref>[http://www.direct.gov.uk/Motoring/DriverLicensing/EndorsementsAndDisqualifications/EndorsementsDisqualificationsArticles/fs/en?CONTENT_ID=4022550&chk=P3SAoK "Endorsements, penalty points and disqualification", Directgov]</ref> Since The New Drivers Act in 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 being allowed to drive on their own. In the case of particularly egregious offences, the court may order the driver to pass an extended driving test before the licence is returned, even for people out of the two-year probation period.<ref>[http://www.direct.gov.uk/Motoring/LearnerAndNewDrivers/NewlyQualifiedDrivers/NewQualifiedDriversArticles/fs/en?CONTENT_ID=4022566&chk=1ZQD6M "The Road Traffic (New Drivers) Act 1995", Directgov]</ref> |
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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.<ref>{{Cite web |last=NSW |first=Transport for |date=2021-10-10 |title=How demerit points work {{!}} NSW Government |url=https://www.nsw.gov.au/driving-boating-and-transport/demerits-penalties-and-offences/how-demerit-points-work#:~:text=Demerit%20point%20limit%20The%20notice%20will%20include,13%20points.%20professional%20drivers%20%E2%80%93%2014%20points. |access-date=2024-12-12 |website=www.nsw.gov.au |language=en-AU}}</ref> Those who can prove they are professional drivers are allowed an additional point. The licence suspension period is three months, plus one further month for every extra four points beyond the threshold, with a cap in most states of five months (for 8 points or more over the threshold; e.g. 20 points or more on a full license). As an alternative to accepting immediate 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 in [[Victoria (state)|Victoria]], which does not allow any further offences) have their licence suspended for double the original period. |
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===Denmark=== |
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Most states also provide for immediate suspension of a licence, instead of or in addition to demerit points, in certain extreme circumstances. These include offences for [[driving under the influence]] (DUI) of alcohol or other drugs, or for [[speeding|greatly excessive speed]]. |
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In [[Denmark]], some traffic violations will incur a ''klip'' ("cut") in the licence. The cut is not physical, but refers to the ''klippekort'' (cutting-card). The cuts are actually remarks in the police database. The licence, though, only allows 3 cuts before the police keep it. Young drivers and probation drivers (those who re-obtained the license) only get 2 cuts for a certain period. |
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====New South Wales==== |
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In [[New South Wales]], [[Provisional license|provisional licence]] holders are allowed to incur different numbers of points, depending on their licence class, before their licence is suspended for three months. Holders of a P1 licence, which lasts 12–18 months (which can be renewed), can incur 4 points, and P2 licence holders can incur 7 points in a 24- to 30-month period (which can be renewed). Speeding offences for provisional licence holders incur 4 points, meaning that P1 holders will be suspended after one speeding offence of any speed. |
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Use of the point system varies state-by-state; some states use it; others do not. |
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During [[holiday]] periods, double demerit points apply for [[Speed limit|speeding]], seat-belt and helmet-related offences.<ref>[https://thenewdaily.com.au/news/state/nsw/2019/12/28/maxi-demerit-traffic-stop/ NSW woman racks up 34 demerit points in Blue Mountains traffic stop]</ref> |
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Offences in [[school zone]]s attract more points than in other areas. Automatic suspensions apply for all drink- and drug-driving offences, as well as speeding by more than 30 km/h. The [[New South Wales Government]] has established a task-force to investigate and prevent the illegal sale of demerit points on [[Facebook Marketplace]].<ref>{{Cite web |date=2024-07-19 |title=NSW Government crackdown on illegal selling of demerit points |url=https://www.9news.com.au/national/nsw-government-crackdown-on-illegal-selling-of-demerit-points/b49a1d5f-f8bd-4744-b843-252254cb9f2e |access-date=2024-07-22 |website=www.9news.com.au}}</ref> |
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====Victoria==== |
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A demerit points scheme was introduced in [[Victoria, Australia|Victoria]] in 1970. Learner and [[probation]]ary drivers who accumulate 5 points or more in a 12-month period may accept a three-month licence suspension or may opt for a 12-month [[bail|bond]]. If a driver breaches the bond by incurring 1 point in the 12-month bond period, their licence is suspended for six months. Full licence holders can accumulate 12 points in a 3-year period and are entitled to the same bond option.<ref>{{Cite web |title=Demerit points |url=https://transport.vic.gov.au/road-rules-and-safety/demerit-points |access-date=2024-12-13 |website=Transport Victoria |language=en}}</ref> The list of [[traffic offences]] and their respective points is in schedule 3 of the ''Road Safety (Drivers) Regulations 2009''.{{citation needed|date=December 2024}} |
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[http://www.dmv.ca.gov] |
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In [[Victoria (state)|Victoria]], drunk-driving offences can result in immediate licence cancellation for unrestricted drivers with a [[blood alcohol concentration]] of 0.10 or higher, or novice drivers with a BAC of 0.07 of higher. Since 30 April 2018,<ref>{{Cite web|url=https://www.vicroads.vic.gov.au/safety-and-road-rules/road-rules/penalties/drink-driving-penalties|title = Drink-driving penalties|date = 16 June 2024}}</ref> all drink driving convictions will result in licence suspension and re-licensing requires installation an [[Ignition interlock device|interlocking device]] onto the vehicle (this also applies to non-BAC related offences, such as failure to provide a specimen for analysis). Similar penalties apply for failing a roadside drug test from this date.<ref>{{Cite web|url=https://www.vicroads.vic.gov.au/safety-and-road-rules/road-rules/penalties/drug-driving-penalties|title = Drug-driving penalties|date = 16 June 2024}}</ref> Offences committed prior to these dates are subject to the penalties which were in force at the time. |
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Drivers who accumulate tickets for moving violations may be considered a negligent operator and could lose their privilege to drive. |
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Automatic suspension periods of at least 3 months apply for speeding by greater than 25 km/h over the speed limit, or any speed greater than 130 km/h.<ref>{{Cite web|url=https://www.vicroads.vic.gov.au/safety-and-road-rules/road-rules/a-to-z-of-road-rules/speed-limits|title = Speed limit|date = 19 April 2021}}</ref> Penalty points are no longer accrued for excessive speeding offences as of 1 November 2018.<ref>{{Cite web|url=https://www.vicroads.vic.gov.au/licences/demerit-points-and-offences/demerit-offences|title = Demerit point offences & your licence|date = 30 June 2021}}</ref> |
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Major offenses, such as hit and run, reckless driving, and driving under the influence, earn 2 points and remain on record for seven years. Less serious offenses earn 1 point which remains for three years. |
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From 12 November 2020, additional immediate licence suspension laws came into effect for excessive speeding offences (45 km/h or more over the limit or 145 km/h+ in a 110 km/h zone, with those caught also being subject to impoundment of the vehicle being used at the time) and "serious motor vehicle offences where a motor vehicle is used as a weapon in the commission of the offence...and it resulted in death or injury".<ref>{{Cite web|url=https://www.vicroads.vic.gov.au/licences/drink-driving-drug-driving-and-excessive-speed-offences/immediate-licence-suspension|title = Immediate driver licence and/or learner permit suspensions|date = 16 June 2024}}</ref> |
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Unlike some other states, double demerit point periods (around public holidays, or year round in Qld), do not apply in Victoria.<ref>{{Cite web|url=https://www.9news.com.au/national/double-demerit-dates-2022-2023-christmas-new-year-when-do-they-start-penalties-state-by-state-explainer/79a0b4ee-5840-4a7c-ba44-f7b9b3331b18|title = Double demerits now in force across Australia - 9 News|date = 22 December 2023}}</ref> |
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====South Australia==== |
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In [[South Australia]], if a [[Traffic offence|traffic offense]] is committed against the Road Traffic Act 1961 or the [[Australian Road Rules|Australian Road Rules 1999]], points may be incurred against a driver's license. The number of points incurred depends on the offence and how likely it is to cause a [[car crash|crash]]. If 12 or more points are accumulated in any 3-year period, a driver will be disqualified from holding or obtaining a driver's licence or [[permit]]. Each 3-year period is calculated based on the dates that offences were committed. |
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If a driver accumulates: |
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* '''12 to 15 points''', a driver loses their permission to drive for '''3 months'''. |
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* '''16 to 20 points''', a driver loses their permission to drive for '''4 months'''. |
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* '''20 points or more''', a driver loses their permission to drive for '''5 months'''. |
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Demerit points are incurred whether the offence is committed in [[South Australia]] or interstate.<ref>{{Cite web |url=http://www.sa.gov.au/subject/transport,%20travel%20and%20motoring/Motoring/Drivers+and+licences/Driving+offences+and+penalties/Demerit+points |title=Demerit points - Government of South Australia |access-date=2014-01-12 |archive-url=https://web.archive.org/web/20140112115557/http://www.sa.gov.au/subject/transport,%20travel%20and%20motoring/Motoring/Drivers+and+licences/Driving+offences+and+penalties/Demerit+points |archive-date=2014-01-12 |url-status=dead }}</ref> |
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====Northern Territory==== |
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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 seat-belt, drunk driving, using a mobile phone, failure to display L or P plates, [[street racing]], [[Burnout (vehicle)|burnouts]] and causing damage.<ref>{{cite web |url=http://www.nt.gov.au/transport/mvr/licensing/infobulletins/ibl30.pdf|title=Motor Vehicle Registry Information Bulletin - L30 - Northern Territory Demerit Points Scheme|publisher=[[Northern Territory Government]]|access-date=2008-05-10|archive-url=https://web.archive.org/web/20080808141510/http://www.nt.gov.au/transport/mvr/licensing/infobulletins/ibl30.pdf|archive-date=2008-08-08|url-status=dead}}</ref> |
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Learner and provisional drivers are subject to suspension for accumulating '''5 points''' or more over a 12-month period. The 3-year limit of 12 points still applies.<ref>{{Cite web |last=Government |first=Northern Territory |date=2024-12-09 |title=Demerit points |url=https://nt.gov.au/driving/driving-offences-and-penalties/demerit-points#:~:text=Your%20right%20to%20drive%20in%20the%20NT%20may%20be%20withdrawn,in%20any%203-year%20period. |access-date=2024-12-13 |website=nt.gov.au |language=en}}</ref> |
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====Queensland==== |
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In [[Queensland]], provisional or learner drivers may accumulate up to '''4 demerit points''' in a one-year period, and open licence holders 12 demerit points in a three-year period, before receiving a sanction.{{citation needed|date=December 2024}} A driver who exceeds their point threshold may choose between a license suspension for a period of 3 months, or to enter into a 12-month good driving behavior bond. If a driver incurs more than '''one point''' while subject to a good driving behavior bond, their license is suspended for a period of 6 months.<ref>{{cite web |last1=Department of Transport and Main Roads |title=About demerit points {{!}} Demerit points |url=https://www.qld.gov.au/transport/safety/fines/demerit/about |website=www.qld.gov.au |publisher=State of Queensland |access-date=22 August 2020 |language=en}}</ref> |
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Unlike in some other states, double demerit points apply all year round in [[Queensland]] for specific offences, where a second or subsequent same offence is committed within 12 months of the earlier offence - for example, a driver with a full/open licence caught using a phone while driving would receive 4 demerit points for the first offence; if caught for the same offence within 12 months of committing the first, they would accrue a further 8 demerit points (4x for the offence, 4x double), resulting in their demerit point limit being reached.<ref>{{cite web |last1=Department of Transport and Main Roads |title=Double demerit points|url=https://www.qld.gov.au/transport/safety/fines/demerit/double|website=www.qld.gov.au |access-date=16 June 2024 |language=en}}</ref> |
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===Europe=== |
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====Bulgaria==== |
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[[Bulgaria]] has implemented a penalty point system with a total of 34 points, introduced in 1999. In 2017, this was increased to 39 points.<ref>{{cite web |url=https://www.tispol.org/guides/bulgaria.pdf|title=Country Driving Guides |work=TISPOL|access-date=26 May 2016}}</ref> |
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====Denmark==== |
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{{More citations needed section|date=July 2012}} |
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[[Denmark]] has a penalty point system that penalizes drivers with a ''klip'' ("cut/stamp")<ref>{{cite web|title=Danish and English dictionaries |url=http://www.smallmeans.com/dictionary/|work=Small labs|access-date=11 July 2012}}</ref> for certain traffic violations. The term ''klip'' refers to a ''klippekort'' ("[[Punched card|punch card]] ticket").<ref>{{cite book|title=Travel Denmark Illustrated City Guide, Phrasebook, and Maps. |year=2007 |publisher=MobileReference.com |location=Boston|isbn=9781605011370|author=MobileReference}}</ref> If a driver with a non-probationary license accumulates three penalty points, then police conditionally suspend the driver's license. To get a new license, suspended drivers must pass both written and practical drivers examinations.{{citation needed|date=December 2024}} Drivers who have been suspended and first-time drivers must avoid collecting two penalty points for a three-year probationary period; if the driver has not accumulated any penalty points, then the driver is allowed an extra penalty point so they can have three maximum.{{citation needed|date=December 2024}} Penalty points are deleted from the police database three years after they were assessed.{{citation needed|date=December 2024}} Police can also unconditionally ban people from driving.{{citation needed|date=December 2024}} |
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====France==== |
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{{Further interlanguage link|Point system in France (driving)|fr|Permis de conduire en France#Permis à points}} |
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[[France]] uses a subtractive points system ({{lang|fr|permis à points}}) for drivers, in use since 1992. Drivers are allotted a balance of twelve points associated with their [[Driving licence in France|driver's license]] ({{lang|fr|permis de conduire}}), (six points for new permits) as a baseline balance to start out with. As they commit [[infractions]] of the {{ill|French driving code|fr|Code de la route (France)|lt=driving code|v=sup}}, they may accumulate a punishment in the form of removal of one or more points, depending on the seriousness of the infraction. Maximum removal of points for one event is six points, eight if multiple infractions are involved.<ref name="PAP-2021">{{cite web |author={{as written|Stéphanie PermisAPoints|reason=Given exactly this way in three places in the Html.}} |date=2021-06-28 |title=Le permis à points : fonctionnement, solde de points, chiffres |publisher=Franck Genser |work=Permis A Points |trans-title=The points-based driving license: how it works, points balance, statistics |orig-date=2012-05-20 |url=https://www.permisapoints.fr/permis-a-points/ |accessdate=26 September 2024}}</ref> |
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The theory behind it, is that by giving each driver an initial point balance ({{lang|fr|capital de points initial}}} at the outset, they will be motivated to keep it by driving safely so as not to lose their initial capital of points allotted to them. When drivers receive their first permit, they enter into a probationary period of three years. The first year, then are allotted six points. They accrue two more points for each full year of driving without an infraction. After the third year, probation is over, and they will have accumulated twelve points if there has been no infraction.<ref name="PAP-2020">{{cite web |author={{as written|Stéphanie PermisAPoints|reason=Given this way in the Html header.}} |date=2020-02-25 |title=Capital de points initial |publisher=Franck Genser |work=Permis A Points |trans-title=Initial points balance |orig-date=2012-05-24 |url=https://www.permisapoints.fr/permis-a-points/capital-de-points-initial |accessdate=26 September 2024}}</ref> |
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If an infraction is committed during the probationary period, points accrual is capped until the end of probation. Any lost points caused by the infraction may be recovered after six months of good driving conduct, but stops at the cap.<ref name=PAP-2020 /> The driving permit remains valid as long as points remain on the license. If all points are lost, the license becomes invalid, and the driver must wait six months and then reapply for a driver's license after passing medical and psychological tests, and taking the written test again. If the license becomes invalid during the probationary period, the candidate must pass written and [[driving test]]. If the candidate succeeds in obtaining their license again, they enter the three-year probationary period once again.<ref name="PAP-2021" /> |
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After three years of no lost points, the point balance rises to twelve points again. If points are lost, there are some methods of recovering them sooner, such as by attending a voluntary driver education workshop.<ref name="PAP-2021" /> |
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====Germany==== |
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The [[Federal Motor Transport Authority]] of [[Germany]] (''Kraftfahrt-Bundesamt'') located in [[Flensburg]], operates an 8-point system for committed traffic offences. This system was introduced in May 2014, replacing the previous 18-points system that dates back to 1974. Colloquially, these points are usually referred as "Punkte in Flensburg" (''Points in Flensburg''). They expire after 2.5 to 10 years, depending on the type and severity of each offence. Under certain circumstances, points can be reduced by attending formal training events. Obtaining 8 or more points will result in a revocation of the driving licence; once revoked, the licences will only be reinstated after a [[Medical-psychological assessment (Germany)|Medical-psychological assessment]] following the ban.<ref>{{Cite web |url=https://www.kba.de/DE/Fahreignungs_Bewertungssystem/Punktekatalog/punktekatalog_node.html|title=Punktekatalog - Stand: 19.10.2017|last=Kraftfahrt- |access-date=2018-01-02}}</ref> |
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====Ireland==== |
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{{Main|Penalty points in Ireland}} |
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In the [[Republic of Ireland]], twelve points accrued results in six months' disqualification.<ref name="iecitizensinformation">{{cite web|url=http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/penalty_points_for_driving_offences.html|title=Penalty points for driving offences|date=28 May 2012|publisher=Citizens Information Board|access-date=28 September 2013}}</ref> 38 [[regulatory offence]]s notified by post incur 1-2 point penalties on payment of a fine.<ref name="rsatable">{{cite web|url=http://www.rsa.ie/Documents/Licensed%20Drivers/Penalty%20Points%20Chart1.pdf|title=Table 1. Offences Incurring Penalty Points and Fixed Charge Notices with effect from 3 August 2012|date=15 August 2012|publisher=Road Safety Authority|access-date=28 September 2013}}</ref> 10 more serious offences require a mandatory court appearance and incur 3-5 point penalties.<ref name="rsatable" /> The most serious offences are outside the penalty point system and incur automatic driving bans, and in some cases imprisonment.<ref>{{cite web|url=http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/driving_offences.html|title=Driving offences|date=16 April 2012|publisher=Citizens Information Board|access-date=28 September 2013}}</ref> |
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==== Italy ==== |
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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. |
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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. |
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In case of the second alcohol abuse in 2 years, the driving license will be revoked. |
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A suspension is effective from when the driver is personally served with the suspension notice and they must surrender their driving license to the person giving them the notice. |
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====Netherlands==== |
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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, or 7 years if you passed before reaching the age of 18). A driver reaching 2 points in 5 years will lose the driving licence and has to pass a driving test again in order to be regain the licence. On October 1, 2014, this limit was lowered from 3 to 2 points. Drivers can get a point for: |
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* Dangerous behavior in traffic, |
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* [[Vehicular manslaughter|Causing an accident resulting in death or injury]] |
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* [[Tailgating]] |
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* [[Speeding|Exceeding the speed limit]] by more than 40 km/h (motorways), or 30 km/h (all other roads) |
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* Any violation of the law which resulted in injury or damage |
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Some of these violations could also directly result in loss of the license. However, when a driver has 2 points, the license is automatically revoked and a driving test has to be passed again, whereas normally, the violation would only result in the license being suspended for several months. However, in [[Dutch media]], the effectiveness has been doubted, it was said that points were being given but not always correctly registered. |
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==== Norway ==== |
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In [[Norway]], the system is called "prikkbelastning" with prikk(er) meaning point(s). Points are assessed to a driver's license for traffic violations which do not by themselves result in immediate revocation of the license. |
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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 points 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 two points, for speeding violations below this no points are assessed. Young drivers between 18 and 20 are penalized with twice the number of points.<ref>{{cite news|url=http://bil.bt.no/bil/article4174735.ece|title=Nå ryker førerkortet fortere enn du tror|last=Ommundsen|first=Mads|date=15 July 2011|publisher=Bergens Tidende|language=no|access-date=16 July 2011|archive-url=https://web.archive.org/web/20110718085123/http://bil.bt.no/bil/article4174735.ece|archive-date=18 July 2011|url-status=dead|df=dmy-all}}</ref> |
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A driver reaching 8 points in three years loses his or her driving license for 6 months. Each point is deleted when three years have passed since the violation took place. When the driving privileges are restored after the six-month ban, the points which caused the suspension are deleted.<ref name="forskrift">{{cite web|url=http://www.regjeringen.no/nb/dep/sd/dok/lover_regler/forskrifter/2003/Forskrift-om-prikkbelastning.html?id=92248|title=Forskrift om Prikkbelastning |publisher=regjeringen.no ([[Norwegian Ministry of Transport and Communications]])|language=no|access-date=2009-09-09|date=2003-09-18 }}</ref> |
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==== United Kingdom ==== |
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=====England and Wales===== |
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In [[England and Wales]], 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 3 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 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. |
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Points remain on the driver's record, and an endorsement is made upon the [[driver's license]]., for four years from conviction (eleven years for drink- and drug-related convictions). 12 points on the license within 3 years make the driver liable to disqualification; however this is not automatic, but must be decided by a law court.<ref>{{cite web |url=http://www.direct.gov.uk/Motoring/DriverLicensing/EndorsementsAndDisqualifications/EndorsementsDisqualificationsArticles/fs/en?CONTENT_ID=4022550&chk=P3SAoK |title=Penalty points (endorsements)|access-date=26 May 2016}}</ref> |
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Since the introduction of the Road Traffic (New Drivers) Act 1995, if a person, in the 2 years after passing their first practical test, accumulates 6 points, their license is revoked by the [[DVLA]], and the driver has to reapply and pay for the provisional driver's license, drive as a learner, and pay for and take the theory and practical tests before receiving a full license again. In the case of egregious offences, the court may order the driver to pass an extended driving test before the license is returned, even beyond the 2-year probation period.<ref>{{Cite web |url=http://www.direct.gov.uk/Motoring/LearnerAndNewDrivers/NewlyQualifiedDrivers/NewQualifiedDriversArticles/fs/en?CONTENT_ID=4022566&chk=1ZQD6M |archive-url=https://web.archive.org/web/20060926002959/http://www.direct.gov.uk/Motoring/LearnerAndNewDrivers/NewlyQualifiedDrivers/NewQualifiedDriversArticles/fs/en?CONTENT_ID=4022566&chk=1ZQD6M|url-status=dead|title="The Road Traffic (New Drivers) Act 1995", Directgov|archive-date=September 26, 2006}}</ref> |
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Since 11 October 2004, there has been [[Traffic violations reciprocity|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]].{{Clarify|date=April 2011}} |
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===== Northern Ireland ===== |
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In [[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|England and Wales]]. Offences to which points apply are indicated in Schedule 1 of the Road Traffic Offenders ([[Northern Ireland]]) Order 1996. |
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===== Scotland ===== |
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Road [[traffic laws]] are mostly shared with, or similar to those of, [[#England and Wales|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 Law]] and [[English Law]]. |
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===North America=== |
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====Canada==== |
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[[File:Demerit point warning on King's Highway 12 in Ontario, Canada.jpg|thumb|right|Warning sign in Ontario, Canada]] |
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=====Alberta===== |
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When a driver accumulates '''15 or more points''' within a two-year period, their license is automatically suspended for one month.<ref>{{cite web|last=<!--Not stated-->|date=3 October 2007|title=Demerit Point System for Fully Licenced Drivers|url=https://www.transportation.alberta.ca/2172.htm|access-date=|publisher=Government of Alberta}}</ref> |
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=====Ontario===== |
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[[Ontario]] uses a 15-point system where points are "added" to a driver's record following a conviction, though Ontario's point system is unrelated to safe driving behavior (a lone driver using a [[high-occupancy vehicle lane]] in Ontario will earn three demerit points).<ref>{{cite web|last=<!--Not stated-->|date=5 June 2013|title=Understanding Demerit Points|url=https://www.ontario.ca/driving-and-roads/understanding-demerit-points|access-date=|website=[[Government of Ontario]]}}</ref> |
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Ontario drivers guilty of driving offences in other [[Provinces and territories of Canada|Canadian provinces]], as well as the States of [[New York (state)|New York]] and [[Michigan]], will see demerit points added to their driving record just as if the offence happened in Ontario.<ref>{{cite web|last=<!--Not stated-->|date=5 June 2013|title=Understanding demerit points|url=https://www.ontario.ca/faq/what-happens-if-i-get-out-province-demerit-points|access-date=18 April 2017|website=[[Government of Ontario]]}}</ref> |
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=====New Brunswick===== |
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[[New Brunswick]] uses a '''10-point system''' where points are "removed" from a driver's record following a conviction, when a driver reaches 0 points they lose their license. New drivers begin with only 4 points on their license and gain two additional points each year of safe driving to a maximum of 10 points. For example; if you are caught [[distracted driving|driving while distracted]] while using a cellphone or [[GPS]] in New Brunswick, you will be fined as well as lose 3 points from your license. If you (or any passengers under the age of 16) are caught not wearing a seatbelt in New Brunswick, you will be fined as well as lose 2 points from your license.<ref>{{cite web|last=<!--Not stated-->|date=11 September 2021|title=New Brunswick Driver's Handbook|url=https://www2.gnb.ca/content/gnb/en/departments/public-safety/community_safety/content/drivers_vehicles/content/new_brunswick_drivers_handbook.html|website=[[Government of New Brunswick]]}}</ref> |
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====United States==== |
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The point system is applied in different ways, or not at all, in different [[U.S. state|states]]. If a red light running traffic violation is captured by a [[red light camera]], no points are assessed.<ref>{{cite journal |title=Red-light running traffic violations: A novel time-based method for determining a fine structure |author=Fatemeh Baratian-Ghorghi|author2= Huaguo Zhou |author3= Wesley Zech |year=2016 |journal= Transportation Research Part A: Policy and Practice |doi=10.1016/j.tra.2016.08.015 |volume=93 |pages=55–65}}</ref> Aspects of a motorist's driving record (including points) may be reported to [[insurance]] companies, who may use them in determining what rate to charge the motorist, and whether to renew or cancel an insurance policy. |
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=====Arizona===== |
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[[Arizona]] uses a point system where your license will be suspended if 8 points are accumulated in one year. Offenses that lead to this are the following: |
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* [[DUI]] (blood alcohol concentration (BAC) of 0.08% or higher): 8 points |
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* [[DUI|Extreme DUI]]: 8 points |
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* [[Reckless driving]]: 8 points |
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* [[Aggressive driving]]: 8 points |
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* [[Hit-and-run|Leaving the scene of an accident]]: 6 points |
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* Running a stop sign or traffic signal or failing to yield, [[vehicular manslaughter|accident causing death]]: 6 points |
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* Running a stop sign or traffic signal or failing to yield, accident causing serious injury: 4 points |
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* [[Speeding]]: 3 points |
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* Driving or parking over area where one or more lanes diverge to go in different directions ([[gore area]]): 3 points |
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* All other driving violations: 2 points |
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There are other offenses that can count toward this (e.g. HOV lane misuse is a 3-point offense) |
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<ref>{{cite web|url=http://azdot.gov/mvd/driver-services/driver-improvement/points-assessment|title=Points Assessment|access-date=26 May 2016}}</ref> |
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=====California===== |
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Drivers who accumulate [[speeding ticket|tickets]] for moving violations may be considered [[Reckless driving|negligent operators]] and can lose their driving privilege. Major offenses, such as [[hit and run]], [[reckless driving]], and [[driving under the influence]] (DUI), earn 2 points and remain on record for 13 years. Less serious offenses earn 1 point which remain for 39 months (3 years, 3 months).<ref>{{cite web|url=https://www.dmv.ca.gov/portal/dmv/detail/teenweb/more_btn6/points/|title=What is a Point|publisher=Calif DMV|access-date=26 Nov 2016}}</ref> |
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A driver is considered negligent if they accumulate: |
A driver is considered negligent if they accumulate: |
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* '''4 points in 12 months''' |
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* '''6 points in 24 months''' |
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* '''8 points in 36 months''' |
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* '''Suspension or Revocation by Department of Motor Vehicles (DMV)''' |
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'''Suspension or Revocation by Department of Motor Vehicles (DMV)''' |
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Negligent drivers can be put on probation for one year (including a six |
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. The [[California]] [[California Department of Motor Vehicles|DMV]] will revoke a license after conviction for hit-and-run or reckless driving. |
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'''Suspension by Judge''' |
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DMV will revoke a license after conviction for hit-and-run driving or reckless driving which results in injury. |
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A [[judge]] may suspend license following conviction for: |
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'''Suspension by Judge''' |
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* [[Speeding|Breaking speed laws]] or [[reckless driving]]. |
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* [[Driving under the influence]] of alcohol or drugs. |
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* [[Hit-and-run]] driving. |
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* Engaging in [[lewd conduct]] and prostitution in a vehicle within 1000 feet (300 m) of a residence. |
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* Assaulting a driver, passenger, bicyclist, or pedestrian when the offense occurs on a highway ([[road rage]]). |
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* Failure to stop as required at a [[railway grade crossing]]. |
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* [[Felony]] or misdemeanor offense of recklessly fleeing a law enforcement officer. |
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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 [[civil penalty|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]]. |
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A judge may suspend license following conviction for: |
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:Breaking speed laws or reckless driving. |
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:Driving under the influence of alcohol or drugs. |
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:Hit-and-run driving. |
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:Engaging in lewd conduct and prostitution in a vehicle within 1000 feet of a residence. |
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:Assaulting a driver, passenger, bicyclist, or pedestrian when the offense occurs on a highway (road rage). |
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:Failure to stop as required at a railway grade crossing. |
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:Felony or misdemeanor offense of recklessly fleeing a law enforcement officer. |
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=====Colorado===== |
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When a driver is cited for a traffic violation, the judge ''may'' offer the driver the opportunity to attend a Traffic Violator School. Drivers may participate once in any 18 month period to have a citation dismissed from their driving record this way. |
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[[Colorado]] uses an accumulating point system according to the [[Colorado Division of Motor Vehicles]] Point Schedule.<ref>{{Cite web |url=http://www.revenue.state.co.us/mv_dir/formspdf/4665.pdf |title=Colorado Division of Motor Vehicles Point Schedule |access-date=2008-04-29 |archive-url=https://web.archive.org/web/20070303152205/http://www.revenue.state.co.us/mv_dir/formspdf/4665.pdf |archive-date=2007-03-03 |url-status=dead }}</ref> For each conviction of a traffic violation or driving charge, in accordance with the [[Drivers License]] Point System, the court notifies the [[Department of motor vehicles|Division of Motor Vehicles]] (DMV) of the conviction and a certain amount of points is assessed to your driver's license record. A conviction occurs when you [[plead guilty]] to a charge, are found guilty at trial, mail in a penalty assessment fine amount, or fail to appear in court, in some cases.<ref>{{cite news |title=Colorado Drivers License Points|url=https://www.denvertrafficlawyer.com/drivers-license-point-system/}}</ref> 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.<ref>{{Cite web |url=http://www.revenue.state.co.us/mv_dir/wrap.asp?incl=faqdc%2Ffaqdc7 |title=State.co.us |access-date=2019-04-17 |archive-url=https://web.archive.org/web/20080424154125/http://www.revenue.state.co.us/mv_dir/wrap.asp?incl=faqdc%2Ffaqdc7 |archive-date=2008-04-24 |url-status=dead }}</ref> |
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=====Florida===== |
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Regardless of the number of points accumulated, many serious offenses involving a vehicle are punishable by heavy fines and/or imprisonment. |
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[[Florida]] uses a point system similar to that of [[#Colorado|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. |
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'''Speeding''' |
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===Other jurisdictions=== |
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* 14 mph or less over the speed limit = '''3 points''' |
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* 15 mph or more over the speed limit = '''4 points''' |
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* Speeding which results in a crash = '''6 points''' ''(enacted to curtail street drag racing)'' |
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Speeding Fines are doubled when the infraction occurs within an active [[school zone]] or a construction zone. |
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'''Moving Violations''' |
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* Moving violation ''(includes driving during restricted hours and parking on a highway outside the limits of a municipality)'' = '''3 points''' |
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* Moving violation resulting in a [[car crash]] = '''4 points''' |
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* Failing to stop at a [[traffic signal]] = '''4 points''' |
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* Passing a stopped school bus = '''4 points''' |
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* [[Reckless driving]] = '''4 points''' |
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* [[Hit-and-run|Leaving the scene of a crash]] resulting in property damage of more than [[US$]]50 = '''6 points''' |
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* Improper lane change = '''3 points''' |
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* Violation of a traffic control sign/device = '''4 points''' |
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* [[United States open-container laws|Open container]] as an operator = '''3 points''' |
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* Child restraint violation = '''3 points''' |
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* [[Littering]] = '''3 points''' |
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* 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.) |
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Any person who collects a certain number of points within a given time frame will have their license automatically revoked by the state for the length of time listed. |
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* '''12 points''' earned within '''12 months''' results in a '''30-day suspension'''. |
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* '''18 points''' earned within '''18 months''' results in a '''3-month suspension'''. |
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* '''24 points''' earned within '''36 months''' results in a '''12-month suspension'''. |
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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. |
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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. |
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Points issued against a driver's license in Florida remain on the license for at least 10 years. |
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The state of Florida issues its citizens points against their driver's license for infractions occurring anywhere in the United States. |
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=====Massachusetts===== |
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In [[Massachusetts]] point system is known as Safe Driver Insurance Plan (SDIP).<ref>{{Cite web|url=https://www.mass.gov/info-details/safe-driver-insurance-plan-sdip |title=Mass.gov|website=Mass.gov |access-date=June 30, 2019 }}</ref> 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 a six-year period, and reduced for sustained periods of safe driving. |
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The number of surcharge points assigned to each surchargeable incident is determined by the incident classification defined in the Safe Driver Insurance Plan: |
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* Minor Traffic Law Violation - '''2 points''' |
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* Minor At-Fault Accident - '''3 points''' |
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* Major At-Fault Accident - '''4 points''' |
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* Major Traffic Law Violation - '''5 points''' |
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The incident count is the number of surchargeable incidents. However, if more than one surcharge comes from one incident, it only counts as one surchargeable incident. |
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=====New Jersey===== |
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The Motor Vehicle Commission of [[New Jersey]] has a point system.<ref>{{cite web | url = https://www.state.nj.us/mvc/license/points-schedule.htm | title = About the NJ MVC Driver Point System | publisher = New Jersey Motor Vehicle Commission}}</ref> If the motorist receives 6 points or more within a period 3 years or more, they will be forced to pay a surcharge annually for three years, which does include court fees and other penalties. If 12 points or more are accumulated on the motorist's license, then their license will be suspended. Other offenses that lead to automatic suspension of the motorist's license are the following: |
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* [[DUI|Driving while intoxicated]] (DWI) |
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* Operating a vehicle without a license |
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* Driving a vehicle without insurance |
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* Failure to pay [[child support]] |
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* [[Failure to appear|Failure to make a court-ordered appearance]] |
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* Drug-related charges. |
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* [[Underage drinking|Drinking alcohol if under the age of 21]] |
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The points range from 2 to 8 points, depending on the severity of the offense. [[Red light camera]] violations are not worth any points. The motorists can deduct points from their driving records. 3 points may be deducted one year after either the motorist's last moving violation and no violations for at least one year before. The motorist must also complete an approved driver improvement program. 2 points may be deducted if the motorist completes a defensive driving course. However, the motorist may receive point reductions every five years for every course they take. |
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=====New York===== |
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Under the [[New York (state)|New York]] points system, a driving license is suspended after 11 points or 3 speeding tickets are accumulated in 18 months. Points are counted from the date of the incident (usually the date of the ticket) rather than the date of conviction.<ref>{{cite web |title=About the NYS Driver Point System |url=https://dmv.ny.gov/tickets/about-nys-driver-point-system |website=Department of Motor Vehicles |publisher=New York State |access-date=17 June 2019|date=2013-10-25 }}</ref> After a driver accrues 6 or more points in an 18-month period they will be fined a "NY driver responsibility assessment fee" of $100 per year for 3 years, plus an additional $25 per year for each additional point received. This means 1 extra point costs $75 (since the assessment lasts for 3 years).<ref>{{cite web |title=Pay driver responsibility assessment |url=https://dmv.ny.gov/tickets/pay-driver-responsibility-assessment |website=Department of Motor Vehicles |publisher=New York State |access-date=17 June 2019|date=2013-10-25 }}</ref> |
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For out-of-state offenses, [[New York State Department of Motor Vehicles]] does not record point violations, with the exception of violations from [[Quebec]] and [[Ontario]].<ref>{{cite web | url = https://dmv.ny.gov/tickets/about-nys-driver-point-system | title = About the NYS Driver Point System| publisher = New York State Department of Motor Vehicles| date = 2013-10-25}}</ref> |
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=====North Carolina===== |
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[[North Carolina]] operates two parallel point systems: one for DMV license suspension purposes and one for insurance purposes. |
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The DMV point system assigns 2 to 4 points upon conviction or an admission of guilt for most moving violations; non-moving violations carry no points. A driver's license is suspended for 60 days on the first suspension if twelve points are assessed against the license within a three-year period. Serious offenses, such as DWI and excessive [[speeding]] (more than 15 mph over the limit at a travelled speed of greater than 55 mph), result in an immediate suspension on conviction. Points are not assessed for up to two granted Prayers for Judgment Continued (PJC) within a five-year period, though some serious offenses (such as [[DUI]], passing a stopped school bus, and speeding in excess of 25 mph over the posted speed limit) are ineligible for a PJC. |
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The insurance point system assigns points differently, assigning points to incidences{{verify spelling|date=September 2022|reason=''incidence'' is normally used only in the singular form, perhaps ''incidence'', ''incidents'', or ''instances'' was intended}} of at-fault accidents and moving violations. Rather than using the points for a license suspension, the points lead to insurance surcharges of approximately 25-35% per point assessed. Notably, points are assessed for insurance purposes even if the license is suspended. Only points within the three years preceding the policy purchase date are considered, and a single PJC per household within the three-year period does not result in points assigned. |
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Incidents from out-of-state are treated as though they occurred in North Carolina for point assessment purposes. |
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=====Pennsylvania===== |
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The [[Pennsylvania Department of Transportation]] (PennDOT) has a point system that follows: |
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If the motorist accumulates 6 or more points on their license, they are in danger of losing their license. If the motorist is under 18 years of age and has 6 points or more on their license or receives a ticket for speeding 26 miles (or more) over the posted speed limit, then their license will be suspended. For every one-year period (from the date of the most recent violation) that a motorist has no point related violations, [[Pennsylvania Department of Transportation|PennDOT]] will remove a maximum of 3 points from their record. |
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Violations range from 2 to 5 points (possibly with a mandatory departmental hearing), depending on the severity of the offense. [[Pennsylvania Department of Transportation|PennDOT]] has the right to immediately suspend a motorist's license if any one of the following occurs: |
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* [[DUI]] (One-year suspension) |
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* [[Speeding]] 31 miles over the posted speed limit (15-day suspension) |
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* Accumulating 11 or more points on their license |
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* [[vehicular manslaughter|Causing the death of another due to the motorist's fault]] |
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Point system suspensions are as follows: |
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* First suspension: '''5 days per 1 point''' |
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* Second suspension: '''10 days per 1 point''' |
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* Third suspension: '''15 days per 1 point''' |
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* All subsequent suspensions: '''1 year''' |
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=====South Carolina===== |
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In [[South Carolina]], if a motorist has six or more points on his/her driving record, a warning letter will be sent to the motorist's home address. If the motorist accumulates 12 or more points, then the license will be suspended. Motorists may reduce their points by taking a Defensive Driving Course. This course cannot be taken online and it must be taken in the state of South Carolina. In addition, the course must be taken after the motorist has been assessed points on his/her license. However, point reductions may be made within a three-year period. If by any chance the motorist's license is in danger of being suspended, the course must be taken prior to the suspension start time. The points range from 2 to 6 points, depending on the severity of the offense. If a motorist receives a ticket for a [[Driving under the influence|DUI]], then the license is automatically suspended. |
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===South America=== |
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====Brazil==== |
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In [[Brazil]], all traffic violations incur 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. |
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:{| class="wikitable" |
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! Infraction |
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! Points |
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! Examples |
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|- |
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|Light |
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|'''3 points''' |
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|[[distracted driving|Driving while using a mobile phone]] |
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|- |
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|Medium |
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|'''4 points''' |
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|Parking where it is not allowed, Stopping on a [[crosswalk]] or [[intersection]] |
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|- |
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|Severe |
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|'''5 points''' |
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|Not wearing a [[seatbelt]], Failure to signal before turning or changing lanes, [[Speeding]] |
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|- |
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|Very Severe |
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|'''7 points''' |
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|Disrespecting traffic lights, Driving a vehicle without the appropriate license, [[reckless driving|Excessive Speeding]] |
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|} |
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=== Caribbean === |
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==== Trinidad and Tobago ==== |
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The Motor Vehicle and Road Traffic Bill 2016,<ref>{{cite news |title=MOTOR VEHICLES AND ROAD TRAFFIC ACT CHAPTER 48:50 |url=https://rgd.legalaffairs.gov.tt/laws2/alphabetical_list/lawspdfs/48.50.pdf}}</ref> which was launched in September 2019, governs the points system, which is referred to as the Demerit Points System. |
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Drivers holding a permit for over a year may have their driving license suspended if they receive more than 10 points within a three-year period. |
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* Drivers who receive 10-14 points (over three years) can be disqualified from holding or obtaining a driving permit for a period of six months. |
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* Drivers who receive 14-20 points (over three years) can be disqualified from holding or obtaining a driving permit for up to one year. |
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* Drivers who receive over 20 points (over three years) can be disqualified from holding or obtaining a driving permit for up to two years. |
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Drivers can receive point by the following offenses: |
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* Using a wireless communication device to view, send or compose an electronic message while driving or having charge of a vehicle carries a fixed penalty fine of $1,000 and the award of six demerit points. |
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* Driving while disqualified from holding or obtaining a driving permit will see the award of 14 demerit points |
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* Offences of driving instructor carries a fine of $2000 and nine demerit points |
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* Exceeding the specified speed limit by 31 km or more per hour carries a fixed penalty fine of $3000 and six demerit points |
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* Motor racing and speed trials between motor vehicles without permission carries a $1000 and six demerit points |
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* Driving when under the influence of drug will attract nine demerit points |
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* Driving or being in charge of a vehicle while blood alcohol levels exceed prescribed limit – nine demerit points |
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* Failure to provide a specimen of breath or blood – 14 demerit points |
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* Failure to submit breath analysis or willful alternation of concentration of alcohol in his breath or blood – 14 demerit points |
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* Careless driving – six demerit points |
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* Failure to produce a vehicle for inspection/Driving a vehicle without a valid inspection sticker and certificate - $1000 fine – six demerit points |
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* Use of Priority Bus Route by unauthorized vehicle - $2000, six demerit points |
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It can take up to two years for points to be expunged from your record, but points expire a year after the date of the violation. |
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==Other jurisdictions== |
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The following jurisdictions also apply point systems:{{Citation needed|date=April 2011}} |
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* [[People's Republic of China]] - see also [[Road Traffic Safety Law of the People's Republic of China]] |
* [[People's Republic of China]] - see also [[Road Traffic Safety Law of the People's Republic of China]] |
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** [[Hong Kong]] |
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* [[Republic of China]] (Taiwan) |
* [[Republic of China]] (Taiwan) |
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* [[ |
* [[France]] |
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* [[Hong Kong]]<ref>{{cite web |
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| url = http://www.td.gov.hk/en/road_safety/safe_motoring_guides/driving_offence_points_system/index.html |
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==References== |
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| title = Driving-offence points system |
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<references /> |
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| publisher = Transport Department, The Government of the Hong Kong Special Administrative Region |
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| access-date = 2015-06-22 |
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}} |
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</ref> |
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* [[Malaysia]] - see also [[Malaysian Road Transport Department#KEJARA system|KEJARA System]] |
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* [[Morocco]] |
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* [[New Zealand]] |
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* [[Philippines]]<ref>{{cite web |url=https://www.pna.gov.ph/articles/1113269 |title=LTO hopes 'premium' license cards to curb road accidents |website=Philippine News Agency |date=25 August 2020 |access-date=6 December 2021}}</ref> |
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* [[Serbia]] |
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* [[Singapore]] |
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* [[Slovenia]] |
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* [[Spain]] |
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* [[Poland]] |
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== See also == |
== See also == |
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{{Portal|Law}} |
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* [[Traffic ticket]] |
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* [[Driver's license]] |
* [[Driver's license]] |
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* [[Traffic ticket]] |
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* [[Traffic violations reciprocity]] |
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==References== |
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[[Category:Transportation]] |
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{{Reflist}} |
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[[Category:Traffic law]] |
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==External links== |
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[[it: Patente a punti]] |
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* [https://www.gov.uk/penalty-points-endorsements Penalty points (endorsements)] UK points for various driving offences]. |
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* [https://www.ontario.ca/page/understanding-demerit-points Understanding demerit points], Ontario, Canada point system. |
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* [https://thehighway-code.co.uk/highway/traffic/penalties/uk.html Annex 5 - Penalties] Penalties and The Highway Code]. |
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* [https://leg.colorado.gov/content/colorado-driver-handbook Colorado Drivers Handbook] Colorado Drivers Handbook]. |
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* [https://www.denvertrafficlawyer.com/drivers-license-point-system/ Colorado Drivers License Points]. |
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{{traffic law}} |
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{{Authority control}} |
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{{DEFAULTSORT:Point System (Driving)}} |
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[[Category:Traffic law]] |
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[[Category:Scots law]] |
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[[Category:English law]] |
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[[Category:Road safety]] |
Latest revision as of 22:30, 15 December 2024
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Many countries have adopted a penalty point/demerit point system under which a person's driving license is revoked or suspended based on the number of points they have accumulated over a specific period of time. Points are given for traffic offenses or infringements committed during that period. The demerit points schemes of each jurisdiction vary. These demerit schemes are usually in addition to fines or other penalties which may be imposed for a particular offence or infringement.
Under these schemes, a driver licensing authority, police force, or other organization keeps a record of the demerit points accumulated by drivers. Points may either be added or subtracted, depending on the rules of each scheme. When the prescribed point threshold is reached or exceeded, the person's license is usually revoked or suspended for a defined time, or until other conditions are met. After the license suspension period has expired, the previous demerit points are cancelled. The primary purpose of such point systems is to identify, determine, and penalize repeat traffic offenders, while streamlining the legal process.
Description
[edit]In jurisdictions which use a point system, the police or licensing authorities maintain a record of the demerit points accumulated by each driver. 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 offence, the corresponding number of points are added to the driver's total. When the driver's total exceeds the prescribed threshold, the driver may face additional penalties, be required to attend safety classes or driver training, be subject to re-examination, or lose their driving privileges. In some jurisdictions, a "subtractive" points system is used instead, in which drivers start with a certain number of points which are then subtracted when a traffic offense is committed.
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.[citation needed]
Jurisdictions that use a point system
[edit]Australia
[edit]Traffic laws are the responsibility of the Australia state and territory governments.[citation needed] Demerit points schemes have been adopted by 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.[1] Those who can prove they are professional drivers are allowed an additional point. The licence suspension period is three months, plus one further month for every extra four points beyond the threshold, with a cap in most states of five months (for 8 points or more over the threshold; e.g. 20 points or more on a full license). As an alternative to accepting immediate 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 in Victoria, which does not allow any further offences) have their licence suspended for double the original period. Most states also provide for immediate suspension of a licence, instead of or in addition to demerit points, in certain extreme circumstances. These include offences for driving under the influence (DUI) of alcohol or other drugs, or for greatly excessive speed.
New South Wales
[edit]In New South Wales, provisional licence holders are allowed to incur different numbers of points, depending on their licence class, before their licence is suspended for three months. Holders of a P1 licence, which lasts 12–18 months (which can be renewed), can incur 4 points, and P2 licence holders can incur 7 points in a 24- to 30-month period (which can be renewed). Speeding offences for provisional licence holders incur 4 points, meaning that P1 holders will be suspended after one speeding offence of any speed. During holiday periods, double demerit points apply for speeding, seat-belt and helmet-related offences.[2]
Offences in school zones attract more points than in other areas. Automatic suspensions apply for all drink- and drug-driving offences, as well as speeding by more than 30 km/h. The New South Wales Government has established a task-force to investigate and prevent the illegal sale of demerit points on Facebook Marketplace.[3]
Victoria
[edit]A demerit points scheme was introduced in Victoria in 1970. Learner and probationary drivers who accumulate 5 points or more in a 12-month period may accept a three-month licence suspension or may opt for a 12-month bond. If a driver breaches the bond by incurring 1 point in the 12-month bond period, their licence is suspended for six months. Full licence holders can accumulate 12 points in a 3-year period and are entitled to the same bond option.[4] The list of traffic offences and their respective points is in schedule 3 of the Road Safety (Drivers) Regulations 2009.[citation needed]
In Victoria, drunk-driving offences can result in immediate licence cancellation for unrestricted drivers with a blood alcohol concentration of 0.10 or higher, or novice drivers with a BAC of 0.07 of higher. Since 30 April 2018,[5] all drink driving convictions will result in licence suspension and re-licensing requires installation an interlocking device onto the vehicle (this also applies to non-BAC related offences, such as failure to provide a specimen for analysis). Similar penalties apply for failing a roadside drug test from this date.[6] Offences committed prior to these dates are subject to the penalties which were in force at the time. Automatic suspension periods of at least 3 months apply for speeding by greater than 25 km/h over the speed limit, or any speed greater than 130 km/h.[7] Penalty points are no longer accrued for excessive speeding offences as of 1 November 2018.[8] From 12 November 2020, additional immediate licence suspension laws came into effect for excessive speeding offences (45 km/h or more over the limit or 145 km/h+ in a 110 km/h zone, with those caught also being subject to impoundment of the vehicle being used at the time) and "serious motor vehicle offences where a motor vehicle is used as a weapon in the commission of the offence...and it resulted in death or injury".[9] Unlike some other states, double demerit point periods (around public holidays, or year round in Qld), do not apply in Victoria.[10]
South Australia
[edit]In South Australia, if a traffic offense is committed against the Road Traffic Act 1961 or the Australian Road Rules 1999, points may be incurred against a driver's license. The number of points incurred depends on the offence and how likely it is to cause a crash. If 12 or more points are accumulated in any 3-year period, a driver will be disqualified from holding or obtaining a driver's licence or permit. Each 3-year period is calculated based on the dates that offences were committed.
If a driver accumulates:
- 12 to 15 points, a driver loses their permission to drive for 3 months.
- 16 to 20 points, a driver loses their permission to drive for 4 months.
- 20 points or more, a driver loses their permission to drive for 5 months.
Demerit points are incurred whether the offence is committed in South Australia or interstate.[11]
Northern Territory
[edit]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 seat-belt, drunk driving, using a mobile phone, failure to display L or P plates, street racing, burnouts and causing damage.[12] Learner and provisional drivers are subject to suspension for accumulating 5 points or more over a 12-month period. The 3-year limit of 12 points still applies.[13]
Queensland
[edit]In Queensland, provisional or learner drivers may accumulate up to 4 demerit points in a one-year period, and open licence holders 12 demerit points in a three-year period, before receiving a sanction.[citation needed] A driver who exceeds their point threshold may choose between a license suspension for a period of 3 months, or to enter into a 12-month good driving behavior bond. If a driver incurs more than one point while subject to a good driving behavior bond, their license is suspended for a period of 6 months.[14]
Unlike in some other states, double demerit points apply all year round in Queensland for specific offences, where a second or subsequent same offence is committed within 12 months of the earlier offence - for example, a driver with a full/open licence caught using a phone while driving would receive 4 demerit points for the first offence; if caught for the same offence within 12 months of committing the first, they would accrue a further 8 demerit points (4x for the offence, 4x double), resulting in their demerit point limit being reached.[15]
Europe
[edit]Bulgaria
[edit]Bulgaria has implemented a penalty point system with a total of 34 points, introduced in 1999. In 2017, this was increased to 39 points.[16]
Denmark
[edit]This section needs additional citations for verification. (July 2012) |
Denmark has a penalty point system that penalizes drivers with a klip ("cut/stamp")[17] for certain traffic violations. The term klip refers to a klippekort ("punch card ticket").[18] If a driver with a non-probationary license accumulates three penalty points, then police conditionally suspend the driver's license. To get a new license, suspended drivers must pass both written and practical drivers examinations.[citation needed] Drivers who have been suspended and first-time drivers must avoid collecting two penalty points for a three-year probationary period; if the driver has not accumulated any penalty points, then the driver is allowed an extra penalty point so they can have three maximum.[citation needed] Penalty points are deleted from the police database three years after they were assessed.[citation needed] Police can also unconditionally ban people from driving.[citation needed]
France
[edit]France uses a subtractive points system (permis à points) for drivers, in use since 1992. Drivers are allotted a balance of twelve points associated with their driver's license (permis de conduire), (six points for new permits) as a baseline balance to start out with. As they commit infractions of the driving code [fr], they may accumulate a punishment in the form of removal of one or more points, depending on the seriousness of the infraction. Maximum removal of points for one event is six points, eight if multiple infractions are involved.[19]
The theory behind it, is that by giving each driver an initial point balance (capital de points initial} at the outset, they will be motivated to keep it by driving safely so as not to lose their initial capital of points allotted to them. When drivers receive their first permit, they enter into a probationary period of three years. The first year, then are allotted six points. They accrue two more points for each full year of driving without an infraction. After the third year, probation is over, and they will have accumulated twelve points if there has been no infraction.[20]
If an infraction is committed during the probationary period, points accrual is capped until the end of probation. Any lost points caused by the infraction may be recovered after six months of good driving conduct, but stops at the cap.[20] The driving permit remains valid as long as points remain on the license. If all points are lost, the license becomes invalid, and the driver must wait six months and then reapply for a driver's license after passing medical and psychological tests, and taking the written test again. If the license becomes invalid during the probationary period, the candidate must pass written and driving test. If the candidate succeeds in obtaining their license again, they enter the three-year probationary period once again.[19] After three years of no lost points, the point balance rises to twelve points again. If points are lost, there are some methods of recovering them sooner, such as by attending a voluntary driver education workshop.[19]
Germany
[edit]The Federal Motor Transport Authority of Germany (Kraftfahrt-Bundesamt) located in Flensburg, operates an 8-point system for committed traffic offences. This system was introduced in May 2014, replacing the previous 18-points system that dates back to 1974. Colloquially, these points are usually referred as "Punkte in Flensburg" (Points in Flensburg). They expire after 2.5 to 10 years, depending on the type and severity of each offence. Under certain circumstances, points can be reduced by attending formal training events. Obtaining 8 or more points will result in a revocation of the driving licence; once revoked, the licences will only be reinstated after a Medical-psychological assessment following the ban.[21]
Ireland
[edit]In the Republic of Ireland, twelve points accrued results in six months' disqualification.[22] 38 regulatory offences notified by post incur 1-2 point penalties on payment of a fine.[23] 10 more serious offences require a mandatory court appearance and incur 3-5 point penalties.[23] The most serious offences are outside the penalty point system and incur automatic driving bans, and in some cases imprisonment.[24]
Italy
[edit]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. A suspension is effective from when the driver is personally served with the suspension notice and they must surrender their driving license to the person giving them the notice.
Netherlands
[edit]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, or 7 years if you passed before reaching the age of 18). A driver reaching 2 points in 5 years will lose the driving licence and has to pass a driving test again in order to be regain the licence. On October 1, 2014, this limit was lowered from 3 to 2 points. Drivers can get a point for:
- Dangerous behavior in traffic,
- Causing an accident resulting in death or injury
- Tailgating
- Exceeding the speed limit by 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 license. However, when a driver has 2 points, the license is automatically revoked and a driving test has to be passed again, whereas normally, the violation would only result in the license being suspended for several months. However, in Dutch media, the effectiveness has been doubted, it was said that points were being given but not always correctly registered.
Norway
[edit]In Norway, the system is called "prikkbelastning" with prikk(er) meaning point(s). Points 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 points 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 two points, for speeding violations below this no points are assessed. Young drivers between 18 and 20 are penalized with twice the number of points.[25] A driver reaching 8 points in three years loses his or her driving license for 6 months. Each point is deleted when three years have passed since the violation took place. When the driving privileges are restored after the six-month ban, the points which caused the suspension are deleted.[26]
United Kingdom
[edit]England and Wales
[edit]In England and Wales, 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 3 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 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 license., for four years from conviction (eleven years for drink- and drug-related convictions). 12 points on the license within 3 years make the driver liable to disqualification; however this is not automatic, but must be decided by a law court.[27]
Since the introduction of the Road Traffic (New Drivers) Act 1995, if a person, in the 2 years after passing their first practical test, accumulates 6 points, their license is revoked by the DVLA, and the driver has to reapply and pay for the provisional driver's license, drive as a learner, and pay for and take the theory and practical tests before receiving a full license again. In the case of egregious offences, the court may order the driver to pass an extended driving test before the license is returned, even beyond the 2-year probation period.[28]
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.[clarification needed]
Northern Ireland
[edit]In 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 points apply are indicated in Schedule 1 of the Road Traffic Offenders (Northern Ireland) Order 1996.
Scotland
[edit]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 Law and English Law.
North America
[edit]Canada
[edit]Alberta
[edit]When a driver accumulates 15 or more points within a two-year period, their license is automatically suspended for one month.[29]
Ontario
[edit]Ontario uses a 15-point system where points are "added" to a driver's record following a conviction, though Ontario's point system is unrelated to safe driving behavior (a lone driver using a high-occupancy vehicle lane in Ontario will earn three demerit points).[30] Ontario drivers guilty of driving offences in other Canadian provinces, as well as the States of New York and Michigan, will see demerit points added to their driving record just as if the offence happened in Ontario.[31]
New Brunswick
[edit]New Brunswick uses a 10-point system where points are "removed" from a driver's record following a conviction, when a driver reaches 0 points they lose their license. New drivers begin with only 4 points on their license and gain two additional points each year of safe driving to a maximum of 10 points. For example; if you are caught driving while distracted while using a cellphone or GPS in New Brunswick, you will be fined as well as lose 3 points from your license. If you (or any passengers under the age of 16) are caught not wearing a seatbelt in New Brunswick, you will be fined as well as lose 2 points from your license.[32]
United States
[edit]The point system is applied in different ways, or not at all, in different states. If a red light running traffic violation is captured by a red light camera, no points are assessed.[33] Aspects of a motorist's driving record (including points) may be reported to insurance companies, who may use them in determining what rate to charge the motorist, and whether to renew or cancel an insurance policy.
Arizona
[edit]Arizona uses a point system where your license will be suspended if 8 points are accumulated in one year. Offenses that lead to this are the following:
- DUI (blood alcohol concentration (BAC) of 0.08% or higher): 8 points
- Extreme DUI: 8 points
- Reckless driving: 8 points
- Aggressive driving: 8 points
- Leaving the scene of an accident: 6 points
- Running a stop sign or traffic signal or failing to yield, accident causing death: 6 points
- Running a stop sign or traffic signal or failing to yield, accident causing serious injury: 4 points
- Speeding: 3 points
- Driving or parking over area where one or more lanes diverge to go in different directions (gore area): 3 points
- All other driving violations: 2 points
There are other offenses that can count toward this (e.g. HOV lane misuse is a 3-point offense)
California
[edit]Drivers who accumulate tickets for moving violations may be considered negligent operators and can lose their driving privilege. Major offenses, such as hit and run, reckless driving, and driving under the influence (DUI), earn 2 points and remain on record for 13 years. Less serious offenses earn 1 point which remain for 39 months (3 years, 3 months).[35]
A driver is considered negligent if they accumulate:
- 4 points in 12 months
- 6 points in 24 months
- 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. The California 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 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
[edit]Colorado uses an accumulating point system according to the Colorado Division of Motor Vehicles Point Schedule.[36] For each conviction of a traffic violation or driving charge, in accordance with the Drivers License Point System, the court notifies the Division of Motor Vehicles (DMV) of the conviction and a certain amount of points is assessed to your driver's license record. A conviction occurs when you plead guilty to a charge, are found guilty at trial, mail in a penalty assessment fine amount, or fail to appear in court, in some cases.[37] 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.[38]
Florida
[edit]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 car 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 number 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.
Massachusetts
[edit]In Massachusetts point system is known as Safe Driver Insurance Plan (SDIP).[39] 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 a six-year period, and reduced for sustained periods of safe driving.
The number of surcharge points assigned to each surchargeable incident is determined by the incident classification defined in the Safe Driver Insurance Plan:
- Minor Traffic Law Violation - 2 points
- Minor At-Fault Accident - 3 points
- Major At-Fault Accident - 4 points
- Major Traffic Law Violation - 5 points
The incident count is the number of surchargeable incidents. However, if more than one surcharge comes from one incident, it only counts as one surchargeable incident.
New Jersey
[edit]The Motor Vehicle Commission of New Jersey has a point system.[40] If the motorist receives 6 points or more within a period 3 years or more, they will be forced to pay a surcharge annually for three years, which does include court fees and other penalties. If 12 points or more are accumulated on the motorist's license, then their license will be suspended. Other offenses that lead to automatic suspension of the motorist's license are the following:
- Driving while intoxicated (DWI)
- Operating a vehicle without a license
- Driving a vehicle without insurance
- Failure to pay child support
- Failure to make a court-ordered appearance
- Drug-related charges.
- Drinking alcohol if under the age of 21
The points range from 2 to 8 points, depending on the severity of the offense. Red light camera violations are not worth any points. The motorists can deduct points from their driving records. 3 points may be deducted one year after either the motorist's last moving violation and no violations for at least one year before. The motorist must also complete an approved driver improvement program. 2 points may be deducted if the motorist completes a defensive driving course. However, the motorist may receive point reductions every five years for every course they take.
New York
[edit]Under the New York points system, a driving license is suspended after 11 points or 3 speeding tickets are accumulated in 18 months. Points are counted from the date of the incident (usually the date of the ticket) rather than the date of conviction.[41] After a driver accrues 6 or more points in an 18-month period they will be fined a "NY driver responsibility assessment fee" of $100 per year for 3 years, plus an additional $25 per year for each additional point received. This means 1 extra point costs $75 (since the assessment lasts for 3 years).[42]
For out-of-state offenses, New York State Department of Motor Vehicles does not record point violations, with the exception of violations from Quebec and Ontario.[43]
North Carolina
[edit]North Carolina operates two parallel point systems: one for DMV license suspension purposes and one for insurance purposes.
The DMV point system assigns 2 to 4 points upon conviction or an admission of guilt for most moving violations; non-moving violations carry no points. A driver's license is suspended for 60 days on the first suspension if twelve points are assessed against the license within a three-year period. Serious offenses, such as DWI and excessive speeding (more than 15 mph over the limit at a travelled speed of greater than 55 mph), result in an immediate suspension on conviction. Points are not assessed for up to two granted Prayers for Judgment Continued (PJC) within a five-year period, though some serious offenses (such as DUI, passing a stopped school bus, and speeding in excess of 25 mph over the posted speed limit) are ineligible for a PJC.
The insurance point system assigns points differently, assigning points to incidences[spelling?] of at-fault accidents and moving violations. Rather than using the points for a license suspension, the points lead to insurance surcharges of approximately 25-35% per point assessed. Notably, points are assessed for insurance purposes even if the license is suspended. Only points within the three years preceding the policy purchase date are considered, and a single PJC per household within the three-year period does not result in points assigned.
Incidents from out-of-state are treated as though they occurred in North Carolina for point assessment purposes.
Pennsylvania
[edit]The Pennsylvania Department of Transportation (PennDOT) has a point system that follows:
If the motorist accumulates 6 or more points on their license, they are in danger of losing their license. If the motorist is under 18 years of age and has 6 points or more on their license or receives a ticket for speeding 26 miles (or more) over the posted speed limit, then their license will be suspended. For every one-year period (from the date of the most recent violation) that a motorist has no point related violations, PennDOT will remove a maximum of 3 points from their record.
Violations range from 2 to 5 points (possibly with a mandatory departmental hearing), depending on the severity of the offense. PennDOT has the right to immediately suspend a motorist's license if any one of the following occurs:
- DUI (One-year suspension)
- Speeding 31 miles over the posted speed limit (15-day suspension)
- Accumulating 11 or more points on their license
- Causing the death of another due to the motorist's fault
Point system suspensions are as follows:
- First suspension: 5 days per 1 point
- Second suspension: 10 days per 1 point
- Third suspension: 15 days per 1 point
- All subsequent suspensions: 1 year
South Carolina
[edit]In South Carolina, if a motorist has six or more points on his/her driving record, a warning letter will be sent to the motorist's home address. If the motorist accumulates 12 or more points, then the license will be suspended. Motorists may reduce their points by taking a Defensive Driving Course. This course cannot be taken online and it must be taken in the state of South Carolina. In addition, the course must be taken after the motorist has been assessed points on his/her license. However, point reductions may be made within a three-year period. If by any chance the motorist's license is in danger of being suspended, the course must be taken prior to the suspension start time. The points range from 2 to 6 points, depending on the severity of the offense. If a motorist receives a ticket for a DUI, then the license is automatically suspended.
South America
[edit]Brazil
[edit]In Brazil, all traffic violations incur 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.
Infraction Points Examples Light 3 points Driving while using a mobile phone Medium 4 points Parking where it is not allowed, Stopping 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
Caribbean
[edit]Trinidad and Tobago
[edit]The Motor Vehicle and Road Traffic Bill 2016,[44] which was launched in September 2019, governs the points system, which is referred to as the Demerit Points System.
Drivers holding a permit for over a year may have their driving license suspended if they receive more than 10 points within a three-year period.
- Drivers who receive 10-14 points (over three years) can be disqualified from holding or obtaining a driving permit for a period of six months.
- Drivers who receive 14-20 points (over three years) can be disqualified from holding or obtaining a driving permit for up to one year.
- Drivers who receive over 20 points (over three years) can be disqualified from holding or obtaining a driving permit for up to two years.
Drivers can receive point by the following offenses:
- Using a wireless communication device to view, send or compose an electronic message while driving or having charge of a vehicle carries a fixed penalty fine of $1,000 and the award of six demerit points.
- Driving while disqualified from holding or obtaining a driving permit will see the award of 14 demerit points
- Offences of driving instructor carries a fine of $2000 and nine demerit points
- Exceeding the specified speed limit by 31 km or more per hour carries a fixed penalty fine of $3000 and six demerit points
- Motor racing and speed trials between motor vehicles without permission carries a $1000 and six demerit points
- Driving when under the influence of drug will attract nine demerit points
- Driving or being in charge of a vehicle while blood alcohol levels exceed prescribed limit – nine demerit points
- Failure to provide a specimen of breath or blood – 14 demerit points
- Failure to submit breath analysis or willful alternation of concentration of alcohol in his breath or blood – 14 demerit points
- Careless driving – six demerit points
- Failure to produce a vehicle for inspection/Driving a vehicle without a valid inspection sticker and certificate - $1000 fine – six demerit points
- Use of Priority Bus Route by unauthorized vehicle - $2000, six demerit points
It can take up to two years for points to be expunged from your record, but points expire a year after the date of the violation.
Other jurisdictions
[edit]The following jurisdictions also apply point systems:[citation needed]
- People's Republic of China - see also Road Traffic Safety Law of the People's Republic of China
- Republic of China (Taiwan)
- France
- Hong Kong[45]
- Malaysia - see also KEJARA System
- Morocco
- New Zealand
- Philippines[46]
- Serbia
- Singapore
- Slovenia
- Spain
- Poland
See also
[edit]References
[edit]- ^ NSW, Transport for (2021-10-10). "How demerit points work | NSW Government". www.nsw.gov.au. Retrieved 2024-12-12.
- ^ NSW woman racks up 34 demerit points in Blue Mountains traffic stop
- ^ "NSW Government crackdown on illegal selling of demerit points". www.9news.com.au. 2024-07-19. Retrieved 2024-07-22.
- ^ "Demerit points". Transport Victoria. Retrieved 2024-12-13.
- ^ "Drink-driving penalties". 16 June 2024.
- ^ "Drug-driving penalties". 16 June 2024.
- ^ "Speed limit". 19 April 2021.
- ^ "Demerit point offences & your licence". 30 June 2021.
- ^ "Immediate driver licence and/or learner permit suspensions". 16 June 2024.
- ^ "Double demerits now in force across Australia - 9 News". 22 December 2023.
- ^ "Demerit points - Government of South Australia". Archived from the original on 2014-01-12. Retrieved 2014-01-12.
- ^ "Motor Vehicle Registry Information Bulletin - L30 - Northern Territory Demerit Points Scheme" (PDF). Northern Territory Government. Archived from the original (PDF) on 2008-08-08. Retrieved 2008-05-10.
- ^ Government, Northern Territory (2024-12-09). "Demerit points". nt.gov.au. Retrieved 2024-12-13.
- ^ Department of Transport and Main Roads. "About demerit points | Demerit points". www.qld.gov.au. State of Queensland. Retrieved 22 August 2020.
- ^ Department of Transport and Main Roads. "Double demerit points". www.qld.gov.au. Retrieved 16 June 2024.
- ^ "Country Driving Guides" (PDF). TISPOL. Retrieved 26 May 2016.
- ^ "Danish and English dictionaries". Small labs. Retrieved 11 July 2012.
- ^ MobileReference (2007). Travel Denmark Illustrated City Guide, Phrasebook, and Maps. Boston: MobileReference.com. ISBN 9781605011370.
- ^ a b c Stéphanie PermisAPoints (2021-06-28) [2012-05-20]. "Le permis à points : fonctionnement, solde de points, chiffres" [The points-based driving license: how it works, points balance, statistics]. Permis A Points. Franck Genser. Retrieved 26 September 2024.
- ^ a b Stéphanie PermisAPoints (2020-02-25) [2012-05-24]. "Capital de points initial" [Initial points balance]. Permis A Points. Franck Genser. Retrieved 26 September 2024.
- ^ Kraftfahrt-. "Punktekatalog - Stand: 19.10.2017". Retrieved 2018-01-02.
- ^ "Penalty points for driving offences". Citizens Information Board. 28 May 2012. Retrieved 28 September 2013.
- ^ a b "Table 1. Offences Incurring Penalty Points and Fixed Charge Notices with effect from 3 August 2012" (PDF). Road Safety Authority. 15 August 2012. Retrieved 28 September 2013.
- ^ "Driving offences". Citizens Information Board. 16 April 2012. Retrieved 28 September 2013.
- ^ Ommundsen, Mads (15 July 2011). "Nå ryker førerkortet fortere enn du tror" (in Norwegian). Bergens Tidende. Archived from the original on 18 July 2011. Retrieved 16 July 2011.
- ^ "Forskrift om Prikkbelastning" (in Norwegian). regjeringen.no (Norwegian Ministry of Transport and Communications). 2003-09-18. Retrieved 2009-09-09.
- ^ "Penalty points (endorsements)". Retrieved 26 May 2016.
- ^ ""The Road Traffic (New Drivers) Act 1995", Directgov". Archived from the original on September 26, 2006.
- ^ "Demerit Point System for Fully Licenced Drivers". Government of Alberta. 3 October 2007.
- ^ "Understanding Demerit Points". Government of Ontario. 5 June 2013.
- ^ "Understanding demerit points". Government of Ontario. 5 June 2013. Retrieved 18 April 2017.
- ^ "New Brunswick Driver's Handbook". Government of New Brunswick. 11 September 2021.
- ^ Fatemeh Baratian-Ghorghi; Huaguo Zhou; Wesley Zech (2016). "Red-light running traffic violations: A novel time-based method for determining a fine structure". Transportation Research Part A: Policy and Practice. 93: 55–65. doi:10.1016/j.tra.2016.08.015.
- ^ "Points Assessment". Retrieved 26 May 2016.
- ^ "What is a Point". Calif DMV. Retrieved 26 Nov 2016.
- ^ "Colorado Division of Motor Vehicles Point Schedule" (PDF). Archived from the original (PDF) on 2007-03-03. Retrieved 2008-04-29.
- ^ "Colorado Drivers License Points".
- ^ "State.co.us". Archived from the original on 2008-04-24. Retrieved 2019-04-17.
- ^ "Mass.gov". Mass.gov. Retrieved June 30, 2019.
- ^ "About the NJ MVC Driver Point System". New Jersey Motor Vehicle Commission.
- ^ "About the NYS Driver Point System". Department of Motor Vehicles. New York State. 2013-10-25. Retrieved 17 June 2019.
- ^ "Pay driver responsibility assessment". Department of Motor Vehicles. New York State. 2013-10-25. Retrieved 17 June 2019.
- ^ "About the NYS Driver Point System". New York State Department of Motor Vehicles. 2013-10-25.
- ^ "MOTOR VEHICLES AND ROAD TRAFFIC ACT CHAPTER 48:50" (PDF).
- ^ "Driving-offence points system". Transport Department, The Government of the Hong Kong Special Administrative Region. Retrieved 2015-06-22.
- ^ "LTO hopes 'premium' license cards to curb road accidents". Philippine News Agency. 25 August 2020. Retrieved 6 December 2021.
External links
[edit]- Penalty points (endorsements) UK points for various driving offences].
- Understanding demerit points, Ontario, Canada point system.
- Annex 5 - Penalties Penalties and The Highway Code].
- Colorado Drivers Handbook Colorado Drivers Handbook].
- Colorado Drivers License Points.