Queensland Consolidated Regulations

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--DRIVER LICENSING) REGULATION 2021 - SCHEDULE 5

SCHEDULE 5 – Demerit points

Part 1 - 8 demerit point offences

1 Speeding—more than 40km/h over speed limit

The number of demerit points for an offence against the Queensland Road Rules , section 20 that involves driving more than 40km/h over the speed limit is 8.

Part 2 - 6 demerit point offences

2 Speeding—30–40km/h over speed limit

The number of demerit points for an offence against the Queensland Road Rules , section 20 that involves driving more than 30km/h, but not more than 40km/h, over the speed limit is 6.

Part 3 - 4 demerit point offences

3 Learner driving while not properly supervised

The number of demerit points for an offence against section 216 (2) or 217 (1) of this regulation is 4.

4 Particular licence holders using mobile phones

The number of demerit points for an offence against section 228 (2) of this regulation is 4.

5 Failing to comply with maximum work requirements and minimum rest requirements—critical risk breaches

The number of demerit points for an offence against the following provisions of the Heavy Vehicle National Law (Queensland) , that is a critical risk breach under that Law, is 4—

(a) section 250 (1) ;

(b) section 251 (1) ;

(c) section 254 (1) ;

(d) section 256 (1) ;

(e) section 258 (1) ;

(f) section 260 (1) .

6 Speeding—20–30km/h over speed limit

The number of demerit points for an offence against the Queensland Road Rules , section 20 that involves driving more than 20km/h, but not more than 30km/h, over the speed limit is 4.

7 Disobeying clearance signs and low clearance signs

The number of demerit points for an offence against the Queensland Road Rules , section 102 (1) is 4.

7A Failing to wear seatbelts and comply with seating requirements

The number of demerit points for an offence against the following provisions of the Queensland Road Rules is 4—

(a) section 264 (1) ;

(b) section 265 (1) .

7B Drivers failing to ensure passengers comply with seatbelt requirements

The number of demerit points for an offence against the Queensland Road Rules , section 264A (1) is 4.

8 Using mobile phones

The number of demerit points for an offence against the Queensland Road Rules , section 300 (1) is 4.

9 Damaging rail infrastructure or obstructing level crossings

The number of demerit points for an offence against the Queensland Road Rules , section 300D (1) or (2) is 4.

Part 4 - 3 demerit point offences

10 Contravening high-powered vehicle restrictions

The number of demerit points for an offence against section 230 (2) of this regulation is 3.

11 Contravening late night driving restrictions

The number of demerit points for an offence against section 243 of this regulation is 3.

12 Contravening peer passenger restrictions

The number of demerit points for an offence against section 248 (2) of this regulation is 3.

13 Disobeying official traffic signs installed under the Act, s 71

The number of demerit points for an offence against section 74 (1) of the Act , that involves contravening an indication given by an official traffic sign, other than a parking control sign as defined under the Queensland Road Rules , schedule 5 or another type of official traffic sign that gives an indication about the parking of vehicles, installed under section 71 (1) of the Act , is 3.

14 Careless driving

The number of demerit points for an offence against the following provisions is 3—

(a) section 83 (1) of the Act ;

(b) the Queensland Road Rules , section 80 (1) , 81 (1) or 162 (1) .

15 Driving fatigue-regulated heavy vehicles while impaired by fatigue

The number of demerit points for an offence against the Heavy Vehicle National Law (Queensland) , section 228 (1) is 3.

16 Failing to comply with maximum work requirements and minimum rest requirements—severe risk breaches

The number of demerit points for an offence against the following provisions of the Heavy Vehicle National Law (Queensland) , that is a severe risk breach under the Law, is 3—

(a) section 250 (1) ;

(b) section 251 (1) ;

(c) section 254 (1) ;

(d) section 256 (1) ;

(e) section 258 (1) ;

(f) section 260 (1) .

17 Using heavy vehicles in contravention of vehicle defect notices—major defect notices

The number of demerit points for an offence, by the driver of a heavy vehicle, against the Heavy Vehicle National Law (Queensland) , section 529 that involves a contravention of a major defect notice issued under section 526 (2) (a) of the Law is 3.

18 Speeding—11–20km/h over speed limit

The number of demerit points for an offence against the Queensland Road Rules , section 20 that involves driving at least 11km/h, but not more than 20km/h, over the speed limit is 3.

19 Improper turns

The number of demerit points for the following offences is 3—

(a) an offence against the Queensland Road Rules , section 29 (1) ;

(b) an offence against the Queensland Road Rules , section 33 (1) that involves failing to make a turn in accordance with the Queensland Road Rules , section 33 (2) ;

(c) an offence against the Queensland Road Rules , section 42 ;

(d) an offence against the Queensland Road Rules , section 132 (2A) .

20 Failing to give way, other than by disobeying traffic signs

The number of demerit points for an offence against the following provisions of the Queensland Road Rules is 3—

(a) section 38 ;

(b) section 62 (1) ;

(c) section 63 (3) ;

(d) section 64 ;

(e) section 65 (2) ;

(f) section 72 (1) ;

(g) section 73 (1) ;

(h) section 74 (1) ;

(i) section 75 (1) ;

(j) section 77 (1) ;

(k) section 79 (1) ;

(l) section 80 (2) (b) or (4) ;

(m) section 81 (2) ;

(n) section 83 ;

(o) section 84 (1) ;

(p) section 85 ;

(q) section 86 (1) ;

(r) section 87 (1) or (3) ;

(s) section 114 (1) or (2) ;

(t) section 148 (1) or (2) ;

(u) section 148A ;

(v) section 149 ;

(w) section 288 (4) ;

(x) section 289 (2) .

21 Disobeying stop and give way signs and other particular traffic control devices

The number of demerit points for an offence against the following provisions of the Queensland Road Rules is 3—

(a) section 39 (1) or (2) ;

(b) section 41 ;

(c) section 63 (2) ;

(d) section 67 (2) , (3) or (4) ;

(e) section 68 (2) or (3) ;

(f) section 69 (2) , (2A) or (3) ;

(g) section 69A ;

(h) section 70 ;

(i) section 71 (1) ;

(j) section 80 (2) (a) or (3) ;

(k) section 88 (1) or (2) ;

(l) section 89 (1) or (2) ;

(m) section 90 ;

(n) section 91 (1) or (2) ;

(o) section 92 (1) ;

(p) section 93 (1) ;

(q) section 94 ;

(r) section 96 (1) ;

(s) section 97 (1) ;

(t) section 98 (1) ;

(u) section 99 (1) or (2) ;

(v) section 100 ;

(w) section 101 (1) or (2) ;

(x) section 103 (1) or (2) ;

(y) section 104 (1) , (2) or (3) ;

(z) section 105 ;

(za) section 106 (1) , (2) or (3) ;

(zb) section 107 ;

(zc) section 108 (1) ;

(zd) section 121 ;

(ze) section 122 ;

(zf) section 123 (b) ;

(zg) section 155A (1) .

22 Disobeying particular red and yellow traffic lights, B lights, T lights and arrows

The number of demerit points for an offence against the following provisions of the Queensland Road Rules is 3—

(a) section 56 (1) or (2) ;

(b) section 57 (1) or (2) ;

(c) section 59 (1) ;

(d) section 60 ;

(e) section 61 (2) ;

(f) section 66 (1) or (4) ;

(g) section 274 ;

(h) section 275 ;

(i) section 277 ;

(j) section 279 (2) ;

(k) section 281 ;

(l) section 282 ;

(m) section 284 ;

(n) section 286 (2) .

23 Vehicle entering bicycle storage areas before traffic lights showing red traffic light or arrow

The number of demerit points for an offence against the Queensland Road Rules , section 60A (1) or (2) is 3.

24 Failing to keep clear of police vehicles and emergency vehicles

The number of demerit points for an offence against the Queensland Road Rules , section 78 (1) or (2) is 3.

24A Improper passing of emergency response vehicles

The number of demerit points for an offence against the Queensland Road Rules , section 78A (2) or (4) is 3.

25 Driving on safety ramps and arrester beds

The number of demerit points for an offence against the Queensland Road Rules , section 101A (1) is 3.

26 Disobeying traffic lane arrows in roundabout

The number of demerit points for an offence against the Queensland Road Rules , section 116 is 3.

27 Failing to comply with requirements about level crossings

The number of demerit points for an offence against the Queensland Road Rules , section 123 (a) , (c) , (d) or (e) is 3.

28 Failing to keep left and keep off painted island

The number of demerit points for an offence against the following provisions of the Queensland Road Rules is 3—

(a) section 132 (2) or (3) ;

(b) section 138 (1) .

29 Failing to keep safe lateral distance when passing bicycle or personal mobility device riders

The number of demerit points for an offence against the Queensland Road Rules , section 144A (1) is 3.

30 Unlawful lane filtering

The number of demerit points for an offence against the Queensland Road Rules , section 151A (2) is 3.

31 Unlawful edge filtering

The number of demerit points for an offence against the Queensland Road Rules , section 151B (2) is 3.

32 Failing to comply with overhead lane control devices

The number of demerit points for an offence against the Queensland Road Rules , section 152 (1) is 3.

33 Failing to wear motorbike helmets

The number of demerit points for an offence against the Queensland Road Rules , section 270 (1) or (2) is 3.

35 Driving with persons in or on trailers or prohibited parts of vehicles

The number of demerit points for an offence against the following provisions of the Queensland Road Rules is 3—

(a) section 268 (4A) or (4B) ;

(b) section 298 .

36 Driving with television receivers and visual display units visible or likely to distract

The number of demerit points for an offence against the Queensland Road Rules , section 299 (1) is 3.

37 Driving vehicles over carrying capacity

The number of demerit points for an offence against the following provisions of the Traffic Regulation 1962 is 3—

(a) section 76 (1) or (2) ;

(b) section 77 (1) .

38 Driving and parking particular defective light vehicles on roads

The number of demerit points for an offence against the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 8 (1) , that involves a light vehicle that is defective under section 7 (1) (d) of that regulation, is 3.

Part 5 - 2 demerit point offences

39 Failing to display clearly legible L plates

The number of demerit points for an offence against section 221 of this regulation is 2.

40 Failing to display clearly legible red P plates

The number of demerit points for an offence against section 224 (1) of this regulation is 2.

41 Failing to display clearly legible green P plates

The number of demerit points for an offence against section 225 (1) of this regulation is 2.

41A Wilfully causing motor vehicle to lose traction with road

The number of demerit points for an offence against section 85A (1) of the Act is 2.

42 Injurious matter on roads

The number of demerit points for an offence against section 137 (1) of the Act is 2.

43 Improper turns

The number of demerit points for an offence against the following provisions of the Queensland Road Rules is 2—

(a) section 27 (1) ;

(b) section 28 (1) ;

(c) section 31 (1) ;

(d) section 32 (1) ;

(e) section 37 ;

(f) section 40 ;

(g) section 43 ;

(h) section 43A .

44 Failing to use slip lanes

The number of demerit points for an offence against the Queensland Road Rules , section 28 (1A) is 2.

45 Failing to give proper change of direction signals or stop signals

The number of demerit points for an offence against the following provisions of the Queensland Road Rules is 2—

(a) section 46 (1) ;

(b) section 48 (1) ;

(c) section 53 (1) , (2) or (3) ;

(d) section 112 (2) or (3) ;

(e) section 113 (2) or (3) ;

(f) section 117 (1) or (2) ;

(g) section 118 (1) .

46 Failing to enter roundabouts from correct lanes or parts of road

The number of demerit points for an offence against the Queensland Road Rules , section 111 (1) is 2.

47 Failing to keep left

The number of demerit points for an offence against the following provisions of the Queensland Road Rules is 2—

(a) section 115 (1) ;

(b) section 129 (1) ;

(c) section 130 (2) ;

(d) section 135 (1) .

48 Improper overtaking and passing and failing to keep to left of centre of road

The number of demerit points for an offence against the following provisions of the Queensland Road Rules is 2—

(a) section 131 (1) ;

(b) section 132 (1) ;

(c) section 140 ;

(d) section 141 (1) ;

(e) section 142 (1) ;

(f) section 143 (1) or (2) ;

(g) section 144 .

49 Driving in wrong direction on service roads

The number of demerit points for an offence against the Queensland Road Rules , section 136 is 2.

50 Increasing speed when being overtaken

The number of demerit points for an offence against the Queensland Road Rules , section 145 is 2.

51 Improper passing and overtaking of trams

The number of demerit points for an offence against the following provisions of the Queensland Road Rules is 2—

(a) section 160 (2) or (3) ;

(b) section 161 (2) or (3) ;

(c) section 163 (2) , (3) or (4) ;

(d) section 164 (2) , (3) or (4) ;

(e) section 164AA (2) or (3) .

52 Unnecessary noise and smoke from vehicles

The number of demerit points for an offence against the Queensland Road Rules , section 291 (1) (b) is 2.

Part 6 - 1 demerit point offences

53 Failing to comply with conditions stated on Queensland driver licences

The number of demerit points for an offence against section 201 (2) of this regulation is 1.

54 Failing to comply with conditions of non-Queensland driver licences

The number of demerit points for an offence against section 207 of this regulation is 1.

55 Failing to produce certificates of exemption for driving high-powered vehicles

The number of demerit points for an offence against section 240 (2) of this regulation is 1.

56 Failing to produce certificates of exemption for late night driving

The number of demerit points for an offence against section 247 (2) of this regulation is 1.

57 Using heavy vehicles in contravention of vehicle defect notices—minor defect notices

The number of demerit points for an offence, by the driver of a heavy vehicle, against the Heavy Vehicle National Law (Queensland) , section 529 that involves a contravention of a minor defect notice issued under section 526 (2) (b) of the Law is 1.

58 Speeding—less than 11km/h over speed limit

The number of demerit points for an offence against the Queensland Road Rules , section 20 that involves driving less than 11km/h over the speed limit is 1.

59 Failing to keep safe or minimum distance

The number of demerit points for an offence against the following provisions of the Queensland Road Rules is 1—

(a) section 126 ;

(b) section 127 (1) .

60 Failing to have lights lit at night or in hazardous weather conditions

The number of demerit points for an offence against the Queensland Road Rules , section 215 (1) is 1.

61 Improper use of headlights on high-beam

The number of demerit points for an offence against the Queensland Road Rules , section 218 (1) is 1.

62 Dazzling road users

The number of demerit points for an offence against the Queensland Road Rules , section 219 is 1.

63 Driving and parking particular defective light vehicles on roads

The number of demerit points for an offence against the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 8 (1) , that involves a light vehicle that is defective under section 7 (1) (a) , (b) or (c) of that regulation, is 1.

64 Modifying exhaust systems of light vehicles in non-compliant way

The number of demerit points for an offence against the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 18 (1) , that involves the modification of a light vehicle in a way stated in section 18 (2) (c) of that regulation, is 1.

65 Driving light motor vehicles with modified exhaust systems on roads

The number of demerit points for an offence against the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 20 is 1.