Recently, a post in a Melbourne Facebook group has offered drivers the chance to pay $500 or more the offload demerit points onto a stranger. While it may sound appealing to some, a short and straightforward answer is that it is an offence in Australia to do this.
Depending on where you live and what kind of licence you have, in Victoria if you are a full licence holder, you will have 12 points in any 3 year period.
If you reach or go over the demerit point limit. VicRoad will send you a notice saying that your licence will be suspended unless you choose the extended demerit point period.
If you choose to extend the demerit point limit, it’s a 12-month period where you’re allowed to keep driving, but if you commit an offence which result in your licence being suspended or has demerit points, your licence will be suspended for double the suspension length that was originally offered.
So, for example, you have reached your 12 points limit, you choose to extend the demerit point limit, during the 12 months, you were caught exceeding the speed limit by less than 10 km/h which comes with 1 demerit point. This means your licence will be suspended for 6 months.
It’s illegal to drive while your licence is suspended. Serious penalties apply if you do.
Some individuals, who are desperate to keep their license and continue driving, may choose to offload their demerit points to a friend or stranger for a hefty fee.
While one may be tempted by the possibility of avoiding license suspension, falsely offloading your demerit points or taking on someone else’s was a serious offence and could even land you in jail.
Also, providing misleading information in a nomination statement far outweigh the demerit points.
It is an offence under the Road Safety Act 1986 (which may carry a fine in excess of $9,000 and potential licence loss for an individual, or a fine in excess of $18,000 for a body corporate) to knowingly provide false or misleading information in a nomination statement.
Furthermore, if you are making an application for an infringement extension, and you provide false or misleading information in the statutory declaration. It is an offence to make a statement in a statutory declaration that the person knows to be untrue. The penalty is a fine of up to 600 penalty units or imprisonment of up to 5 years or both. It is also an offence to make a false or misleading statement as to the making of a statutory declaration.
So, before you consider offloading demerit points or taking on someone else’s, think twice. Is it worth risking getting a criminal record, your freedom and integrity for a temporary solution?
Remember, driving is a privilege, not a right. Let’s stay safe and responsible on the roads.
If you find yourself facing any legal challenges, don’t hesitate to reach out to us. We’re here to help you navigate through any legal issues. Drive safely, and remember, we’re just a call away.
