Point system (driving)


Point system (driving)

A demerit point system is one in which a driver's licensing authority, police force, or other organization issues cumulative demerits, or points to drivers on conviction for road traffic offenses. Points may either be added or subtracted, depending on the particular system in use. A major offense may lead to more than the maximum allowed points being issued. Points are typically applied after offenses are committed, and cancelled a defined time, typically a few years, afterwards, or after other conditions are met; if the total exceeds a specified limit the offender may be disqualified from driving for a time, or the driving license may be revoked. Fines and other penalties may be applied additionally, either for an offense or after a certain number of points have been accumulated.

The primary purpose of such point systems is to identify, deter, and penalize repeat offenders of traffic laws, while streamlining the legal process. Germany introduced a demerit point system, in 1974, and one was introduced in NY, USA at about that time.

Contents

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 penalties such as imprisonment.

Requirements of point systems

Risk of accident related to the number of individual entries in the German register of traffic offenses
  • A close relation of points and accident risk (validity)
  • Comprehensibility for a good acceptance
  • A high level of transparency for concerned persons
  • Regulated reduction of points by effective psychological help

Jurisdictions that use a point system

Australia

Traffic laws are the responsibility of the State and Territory Governments. Demerit points are used in all states and territories, and road authorities share information about interstate offenses.

In all states, drivers holding a full, unrestricted license will be disqualified from driving after accumulating 12 demerit points or more within a three-year period, except in New South Wales, where drivers are allowed 13 points in a three year period. Those who can prove they are professional drivers are allowed an additional point.. The minimum suspension period is three months, plus one further month for every extra four demerit points beyond the license's limit, with a cap in most states of five months (for 8 points or more over the suspension trigger; e.g. 20 points or more on a full license). An alternative to initially accepting the suspension, a driver can apply for a "good behavior" period of 12 months. In most states, drivers under a good behavior period who accumulate one or two further points (except Victoria does not allow any further offenses) have their license suspended for double the original period.

Most states also provide for immediate suspension of a license, instead of or in addition to demerit points, in certain extreme circumstances. These generally include offenses for driving under the influence of alcohol or drugs, or for greatly excessive speed.

New South Wales

Provisional licence holders are allowed different numbers of demerit points over the lifetime of their licence, depending on their licence class, before being suspended from driving for three months. Holders of a P1 licence, which lasts 12–18 months (but can be renewed), are suspended after accumulating 4 points, while P2 licence holders are suspended after 7 points in a 24-30 month period (but can be renewed). Speeding offences for provisional licence holders are set to a minimum of four points, meaning that P1 holders will be suspended after one speeding offence of any speed.

The learner licence system does not use demerit points; licences can be cancelled or suspended at the discretion of a court or the Roads and Traffic Authority upon committing an offence.[1] However, laws were passed in October 2008 to introduce a demerit point system for learner drivers, expected in late 2009. It is planned that learner drivers will be suspended after 4 demerit points.[2]

During holiday periods, double demerit points apply for speeding, seatbelt and helmet-related offences. School zones attract more one more demerit point than other areas. Automatic suspensions apply for all drink- and drug-driving offences, as well as speeding by more than 30 km/h.

Victoria

Learner and probationary drivers are subject to suspension for accumulating 5 points or more over a 12-month period. The three-year limit of 12 points still applies.

In Victoria, drink-driving offences only result in immediate licence cancellation for unrestricted drivers with a blood alcohol concentration of 0.07 or higher (or 0.05 for drivers with a zero limit). Readings lower than this have the option of a 10-point penalty being imposed of being taken immediately to court; this option still results in a minimum four-month suspension for novice drivers. Automatic suspensions apply for higher level charges, and re-licensing may require an order to install an interlocking device onto the vehicle. Automatic suspension periods of at least 1 month also apply for speeding by greater than 25 km/h over the speed limit, or any speed greater than 130 km/h.[3]

Northern Territory

A demerit points scheme was introduced into the Northern Territory on 1 September 2007. Offences that accrue points include speeding, failing to obey a red traffic light or level crossing signal, failing to wear a seatbelt, drink driving, using a mobile phone, failure to display L or P plates, street racing, burnouts and causing damage.[4]

Learner and provisional drivers are subject to suspension for accumulating 5 points or more over a 12-month period. The three-year limit of 12 points still applies.

Queensland

In Queensland provisional or learner drivers are entitled to accumulate 4 demerit points, and open licence holders 12 demerit points, without it affecting their licence. A driver who exceeds their demerit point threshold may elect to lose their licence for a period of 3 months or elect a good driving behaviour period which allows them to incur only one demerit point offences without it affecting their licence. If whilst on the good driving behaviour period a driver incurs more than one demerit point then they will lose their licence for a minimum of 6 months unless a Magistrates Court grants a special hardship licence [5]

European Union

Traffic law in the European Union is going to be harmonised step by step. The guideline L 403/18 [6] describes the challenge: "Despite the progress achieved with harmonising the rules on driving licences, significant differences have persisted between Member States in the rules on periodicity of licences renewal and on subcategories of vehicles, which needed to be harmonised more fully, in order to contribute to the implementation of Community policies". The unity of law and jurisdiction is monitored by the European Court of Justice at Luxembourg.

Denmark

In Denmark, some traffic violations will incur a klip ("cut/stamp") in the licence. The cut is not physical, but refers to the klippekort ("buspass"). The cut are remarks in the police database. The licence, only allows three cuts before the police bans the driver conditional, ther then has to take a new test, both a written and practical examination - only then, when passes both tests - will they get their license again but they are only alouthe to have two cut to start with as it with Young drivers only get two cuts for a limited/given period if they haven´t collected any cut in ther licence then they are given a extra cut so they have three. The cut is also limited by time - three years before they are deleted from police datebase.

you can also get an absolutely disqualified/ban from driving

If you get three clips within a period of three years. If you have taken license for ordinary passenger car or motorcycle for less than three years ago and have two clips in three years. If you are disqualified from driving condition and will have three clips in the three-year probation for the conditional suspension. You have previously been driving and you are in a period of three years after the driving ban was imposed, have three clips. If you have previously been disqualified from driving unconditional and you within a period of five years after the disqualification period has expired, get three clips within three years.

England and Wales

In England and 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 2 points for some lesser offences and the maximum 11 points for the most serious offences; some incidents can result in points being given for multiple offences or for multiple occurrences of the same offence (typically for having more than one defective tyre); the majority of applicable offences attract 3 or more penalty points. The giving of penalty points is obligatory for most applicable offences, but the number of points, and the giving of points for some of several offences, can be discretionary . Points remain on the driver's record, and an endorsement is made upon the driver's licence, for four years from conviction (eleven years for drink- and drug-related convictions). Twelve points on the licence within three years make the driver liable to disqualification; however this is not automatic, but must be decided by a law court.[7]

Since the introduction of the Road Traffic (New Drivers) Act 1995, if a person in the two years after passing their first practical test accumulates six penalty points, their licence is revoked by the DVLA, and the driver has to reapply and pay for the provisional licence, drive as a learner, and pay for and take the theory and practical tests before receiving a full licence again. In the case of egregious offences, the court may order the driver to pass an extended driving test before the licence is returned, even beyond the two-year probation period.[8]

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]

Germany

Points rating:

Criminal acts in traffic are rated by 5 - 7 points depending on type and severity.
Traffic offences are rated by 1 - 4 points.
The person concerned may obtain information on his or her points at any time free of charge.

Measures:

The driving license authorities of the federal states are responsible for enforcing the penalty points system called Punkte in Flensburg (eng. Points in Flensburg). The system provides for the following graded measures. Points rebate is only possible by voluntary measures once within 5 years. It is not possible to accumulate positive points. The date of issue of the participation certificate is decisive for the number of points and the calculation of the five-year period.

Points Description Deduction
4 to 8 Voluntary attendance at a constructive seminar 4 points
9 to 13 A caution is issued with a reference to voluntary attendance at a constructive seminar. After voluntary attendance: 2 points
14 to 17 Mandatory attendance at a constructive seminar, if the person concerned has not attended a constructive seminar within the last 5 years. After mandatory attendance at the seminar a second written caution is issued with a reference to voluntary participation in a traffic psychologist‘s counselling. After voluntary participation: 2 points
18 and more Driving permit is withdrawn. To regain the permit, a certificate of MPA is necessary.

Cancellation of entries/Cancellation of points

When the entry is taken off, the points are also deleted. The entries are always taken off the records once the fixed periods laid down in the traffic law (§ 29 StVG) have expired. The entry of a decision concerning an offence cannot be deleted as long as the person concerned is stored in the Central Register of Driving Permits as the holder of a beginner driver’s license (FaP).

Start of cancellation period

The period of time begins for sentences passed by courts with the day of the first verdict. When a driving permit has been denied or withdrawn or a driving ban has been imposed or if the permit has been renounced, the cancellation period does not begin until the driving permit is issued or re-issued, at the latest 5 years after the decision or the renunciation.

After attendance at a constructive seminar or a traffic psychologist's counselling, the suspension period begins on the day the certificate of attendance is issued. If a driving permit is revoked, the period begins on the day the notification is received at the responsible authority.

Extension period

Records are deleted when the cancellation period plus an extension period of one year has elapsed, provided no other decisions hamper cancellation. Cancellation occurs automatically without an application having to be made. No notification of cancellation is sent out. Deleted entries are completely destroyed, therefore no information can be given on them at a later date.

Years Cancellation periods
2 For decisions on traffic offences
5 For decisions on criminal acts with the exception of DUI. Also excepted are decisions whereby a driving permit has been withdrawn or a driving ban has been imposed.
10 In all other cases (e. g. exceptions to the 5-year period, renunciation of driving permit, denial of driving permit).

Ireland

Ireland introduced a penalty points system in 2002, based loosely on those of the United Kingdom.

Points are issued by the Road Safety Authority for a list of 42 traffic offences, ranging from 1 point for minor offences up to 5 points, generally for serious offences requiring a court visit. Once 12 points are accumulated, the driver gets an automatic 6 month driving ban. Points lapse after 3 years. Drivers may be banned outside of the system - such as for drink driving, dangerous driving and excessive speeding, most of which have no points amount.

32 of the 42 offences carry fines which can be paid within 28 days, or appealed against - if the appeal is lost the points applied are doubled. The remaining 10 offences require a court appearance at all times. All offences also carry monetary fines

Monthly statistics on the number of penalty points issued are published by the National Safety Council

Moves are underway to allow mutual recognition of points between the penalty points systems of Ireland, Northern Ireland and Great Britain, as currently drivers can commit motoring offences in either Ireland or the United Kingdom without consequent penalty points being recognised across all the four jurisdictions (Ireland, England and Wales, Northern Ireland, Scotland) involved.

Italy

In Italy the driver has 20 points by default, and receives a bonus of 2 points for every 2 years of correct behavior, with a maximum of 30 points.

Each traffic violation incurs a specific point penalty (for example, ignoring a traffic light involves a penalty of 6 points). If the driver loses all points, the driving license is revoked.

In case of the second alcohol abuse in 2 years, the driving license will be revoked.

Your suspension is effective from when you are personally served with the suspension notice and you must surrender your driver license to the person giving you the notice.

Netherlands

Since March 30, 2002, The Netherlands has a point system for starting drivers (5 years starting from the moment you first passed a driving test). A driver reaching 3 points in 5 years will lose the driving licence and has to pass a driving test again in order to be regain the licence. Drivers can get a point for:

  • Dangerous behaviour in traffic,
  • Causing an accident resulting in death or injury
  • Tailgating
  • Exceeding the speedlimit with more than 40 km/h (motorways), or 30 km/h (all other roads)
  • Any violation of the law which resulted in injury or damage

Some of these violations could also directly result in loss of the licence, however when a driver has 3 points the licence is automatically revoked and a driving test has to be passed again, whereas normally the violation would only result in the licence being suspended for several months. However in Dutch media the effectiveness as been doubted, it was said that points were being given but not always correctly registered.

Northern Ireland

The driver registration system is separate from that of Great Britain with different laws covering penalty points and the offences to which they apply. In other respects the application of the system is similar to that in England and Wales. Offences to which penalty points apply are indicated in Schedule 1 of the Road Traffic Offenders (Northern Ireland) Order 1996.

Norway

The system is called "prikkbelastning" with prikk(er) meaning dot(s). Dots are assessed to a driver's license for traffic violations which do not by themselves result in immediate revocation of the license.

After July 1, 2011, the normal penalty for most traffic violations, such as failing to yield or failing to stop at red lights, is three dots in addition to the fine. Speeding violations of between 10 and 15 km/h (where the speed limit is 60 km/h or less), or between 15 and 20 km/h (where the speed limit is 70 km/h or more) result in a two dots, for speeding violations below this no dots are assessed. Young drivers between 18-20 are penalized with twice the number of dots.[9]

A driver reaching 8 dots in three years loses his or her driving license for 6 months. Each dot is deleted when three years have passed since the violation took place. When the driving privileges are restored after the six month ban, the dots which caused the suspension are deleted.[10]

Scotland

Road traffic laws are mostly shared with, or similar to those of, England and Wales, although Scotland is a separate jurisdiction. The driver registration system currently covers all of Great Britain and the Road Traffic Offenders Act 1988 currently governs the penalty points system in Scotland. The main differences in the penalty points provisions of the 1988 Act are the theft and homicide offences attracting penalty points indicated in Schedule 2 Part II ("Other Offences") which are not common between Scots Law and English Law.

Brazil

In Brazil, all traffic violations incur in a certain number of demerit points, depending on their severity, according to the 1997 Brazilian Traffic Code. If a driver accumulates more than 20 points (5 points for provisional drivers), the driving license is suspended and the driver has to take a traffic education course in order to regain the right (privilege) to drive. However, some infractions incur in immediate license suspension regardless of current point tally, such as drunk driving, engaging in street racing and others. It is also notable that many offenses that only apply to pedestrians also incur in demerit points.

Infraction Points Examples
Light 3 points Driving while using a mobile phone
Medium 4 points Parking where is not allowed, Stop on a crosswalk or intersection
Severe 5 points Not wearing a seatbelt, Failure to signal before turning or changing lanes, Speeding
Very Severe 7 points Disrespecting traffic lights, Driving a vehicle without the appropriate license, Excessive Speeding

Demerit points expire a year after the date of the violation.

United States of America

The point system is applied in different ways, or not at all, in different states. Aspects of a motorist's driving record (including points) may be reported to insurance companies, who may use them in determining what rate to charge the motorist, and whether to renew or cancel an insurance policy.

California

Drivers who accumulate tickets for moving violations may be considered negligent operators and can lose their right to drive. Major offenses, such as hit and run, reckless driving, and driving under the influence, earn 2 points and remain on record for ten years. Less serious offenses earn 1 point which remains for three years.[11]

A driver is considered negligent if they accumulate:

4 points in 12 months, or
6 points in 24 months, or
8 points in 36 months

Suspension or Revocation by Department of Motor Vehicles (DMV)

Negligent drivers can be put on probation for one year (including a six month suspension) or lose their privilege to drive. At the end of the suspension or revocation period, drivers need to re-apply for a license to drive.

DMV will revoke a license after conviction for hit-and-run or reckless driving.

Suspension by Judge

A judge may suspend license following conviction for:

Breaking speed laws or reckless driving.
Driving under the influence of alcohol or drugs.
Hit-and-run driving.
Engaging in lewd conduct and prostitution in a vehicle within 1000 feet (300 m) of a residence.
Assaulting a driver, passenger, bicyclist, or pedestrian when the offense occurs on a highway (road rage).
Failure to stop as required at a railway grade crossing.
Felony or misdemeanor offense of recklessly fleeing a law enforcement officer.

When a driver is cited for a traffic violation, the judge may offer the driver the opportunity to attend a Traffic Violator School, this would include any online traffic school if the court allows. Drivers may participate once in any 18 month period to have a citation dismissed from their driving record this way. Upon dismissal of the citation, all record of the citation is removed and no points are accumulated.

Regardless of the number of points accumulated, many serious offenses involving a vehicle are punishable by heavy fines or imprisonment.

Colorado

Colorado uses an accumulating point system according to the Colorado Division of Motor Vehicles Point Schedule.[12] 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.[13]

Florida

Florida uses a point system similar to that of Colorado. The Florida Department of Highway Safety and Motor Vehicles is the department responsible for the issuance of Driver's Licenses in the state and will also track points issued to drivers who are licensed within the state. The following are point values assigned for the following infractions.

Speeding

  • 14 mph or less over the speed limit = 3 points
  • 15 mph or more over the speed limit = 4 points
  • Speeding which results in a crash = 6 points (enacted to curtail street drag racing)

Speeding Fines are doubled when the infraction occurs within an active school zone or a construction zone.

Moving Violations

  • Moving violation (includes driving during restricted hours and parking on a highway outside the limits of a municipality) = 3 points
  • Moving violation resulting in a crash = 4 points
  • Failing to stop at a traffic signal = 4 points
  • Passing a stopped school bus = 4 points
  • Reckless driving = 4 points
  • Leaving the scene of a crash resulting in property damage of more than US$50 = 6 points
  • Improper lane change = 3 points
  • Violation of a traffic control sign/device = 4 points
  • Open container as an operator = 3 points
  • Child restraint violation = 3 points
  • Littering = 3 points
  • Violation of curfew = 3 points (a licensed driver who is under the age of 17 may not operate a motor vehicle between 11:00 p.m. and 6:00 a.m., unless accompanied by a driver who is 21 years of age or older and holds a valid driver license, or the operator is driving to or from work. A licensed driver who is 17 years of age may not operate a motor vehicle between 1:00 a.m. and 5:00 a.m., unless accompanied by a driver who is 21 years of age or older and holds a valid driver license, or the operator is driving to and from work.)

Any person who collects a certain amount of points within a given time frame will have their license automatically revoked by the state for the length of time listed.

  • 12 points earned within 12 months results in a 30 day suspension.
  • 18 points earned within 18 months results in a 3 month suspension.
  • 24 points earned within 36 months results in a 12 month suspension.

Any driver under the age of 18 who accumulates six or more points within a 12 month period is automatically restricted for one year to driving for business purposes only. If additional points are accumulated the restriction is extended for 90 days for every additional point received.

If a driver license was suspended in the state of Florida for points or as a habitual (but not DUI) traffic offender, or by court order, the holder must complete an advanced driver improvement course before driving privileges are reinstated.

Points issued against a driver's license in Florida remain on the license for at least 10 years.

The State of Florida issues its citizens points against their driver's license for infractions occurring anywhere in the United States.

New York

New York Statutes has a point system; after 11 points or 3 speeding tickets in 18 months, a driver's privileges are subject to suspension, with the possibility of requesting a hearing. Points are counted from the date of the incident (usually the date of the ticket) rather than the date of conviction. For out-of-state offenses NYSDMV does not record point violations, with the exception of violations from Quebec and Ontario.[14]

Texas

In Texas most moving violations are worth two points, but three points are assessed in the case that an accident was caused. A license cannot be suspended as a result of point accumulation, however; instead, after six points have been accumulated, the driver must pay a "Driver Responsibility Surcharge" of $100 plus $25 per additional point each year that the license has six or more points recorded. Other convictions carry penalties that remain on the license for three years after conviction, such as a DWI conviction ($1000–$2000), driving without a license ($100), or driving without insurance ($250). The license is suspended if the surcharges are not paid.
Points clear from the license after three years, but the actual convictions clear from the record after five years, except for DWI convictions, which never expire.

Massachusetts

In Massachusetts point system is known as Safe Driver Insurance Plan (SDIP).[15] This encourages safe driving with lower premiums for drivers who do not cause accidents or commit traffic violations, and by ensuring that high-risk drivers pay a greater share of insurance costs. The points are accumulated over the period, and reduced for sustained period of safe driving. Every 3 years of safe driving reduces points by 1 for each year.

Other jurisdictions

The following jurisdictions, not discussed above, also apply points systems:[citation needed]

See also

References

External links


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