Point system (driving): Difference between revisions
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Revision as of 02:06, 9 February 2007
A point system is one in which a 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.
Description
- This article discusses point systems in the abstract; for details about any point system in place in your area, consult your local police department, DMV, or other drivers' licensing authority. This description treats points as demerits; in some jurisdictions, points may instead be measures of merit which are subtracted when a traffic offense is committed.
In jurisdictions which use a point system, the police or licensing authorities (as specified by law) maintain, for each driver, a driving score--typically an integer number specified in points. Traffic offenses, such as speeding or disobeying traffic signals, are each assigned a certain number of points, and when a driver is determined to be guilty of a particular offense (by whatever means appropriate in the region's legal system), the corresponding number of points are added to the driver's total. When the driver's total exceeds a certain threshold, the driver may face additional penalties, be required to attend safety classes or driver training, be subject to re-examination, or lose his/her driving privileges.
The threshold(s) to determine additional penalties may vary based on the driver's experience level, prior driving record, age, educational level attained, and other factors. In particular, it is common to set a lower threshold for young, inexperienced motorists.
In some jurisdictions, points can also be added if the driver is found to be significantly at fault in a traffic accident. Points can be removed from a driver's score by the simple passage of time, by a period of time with no violations or accidents, or by the driver's completion of additional drivers' training or traffic safety training.
Major traffic offenses, such as hit and run 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 other serious penalties such as imprisonment.
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.
Jurisdictions which use a point system
United Kingdom
In the 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.[1] 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.[2]
Denmark
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.
United States of America
Use of the point system varies state-by-state; some states use it; others do not.
California
Drivers who accumulate tickets for moving violations may be considered a negligent operator and could lose their privilege to drive. 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.
A driver is considered negligent if they accumulate:
- 4 points in 12 months, or
- 6 points in 24 months, or
- 8 points in 36 months
Suspension or Revocation by Department of Motor Vehicles (DMV)
Negligent drivers can be put on probation for one year (including a six month suspension) or lose their driving privilege. At the end of the suspension or revocation period, drivers need to re-apply for a license to drive.
DMV will revoke a license after conviction for hit-and-run driving or reckless driving which results in injury.
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. Drivers may participate once in any 18 month period to have a citation dismissed from their driving record this way.
Regardless of the number of points accumulated, many serious offenses involving a vehicle are punishable by heavy fines and/or imprisonment.
Other jurisdictions
- People's Republic of China - see also Road Traffic Safety Law of the People's Republic of China
- Republic of China (Taiwan)
- Germany