Good Driving Behaviour Period
As part of the process of encouraging drivers in Queensland to drive in safe manner the Queensland government limits a driver from incurring more than 12 demerit points within 3 years (4 for provisional licence holders). If a driver exceeds their demerit point limit then they will be given a choice in a letter from TMR called a notice to choose – take a suspension for a certain amount of time (usually 3 months) or go on a good driving behaviour period.
In this article we will look closely at what a good driving behaviour period is, how to choose it and what happens if you breach it?
What is a good driving behaviour period?
In essence a good driving behaviour period is a second chance when you have exceeded your demerit points. It gives you a chance to keep your licence and keep driving.
Lets look at an example.
Jason is an open licence holder. He has incurred 11 demerit points over a 2 year period. Jason is driving to work and doesn’t realise he is driving 12 km/h over the posted speed limit. He is caught by a speed camera and sent an infringement notice. As a result he has incurred 3 more demerit points taking him to 15 demerit points within 3 years. Jason will be given a choice, have his licence suspended for 3 months or elect to go on a good driving behaviour period for 12 months.
Why would I need to elect a good driving behaviour period?
You will need to consider whether to elect a good driving behaviour if you exceed your demerit point limit.
What are the demerit point limits?
For provisional licence holders or people driving on an international licence the limit is 4 points.
For open licence holders the limit is 12 demerit points.
What happens If I don’t choose to go on a good driving behaviour period?
If you don’t elect to go on a good driving behaviour then you will have your licence suspended for a period of time.
The length of the suspension depends on how many demerit points you incurred. The suspension periods for open licence holders are:
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12–15 demerit points = 3 month suspension
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16–19 demerit points = 4 month suspension
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20 or more demerit points 5 month suspension
For provisional licence holders and international drivers the suspension period = 3 months.
If you don’t nominate an option by the choice date, your licence will automatically be suspended starting the day after the choice date.
How do I elect a good driving behaviour period?
To elect a good driving period you need to wait until you received a document from Qld Transport and Main Roads (TMR) called a “Accumulation of demerit points – notice to choose”.
Once you have received the notice to choose it will give you a date (called the choice date) that you must make a decision between the good driving behaviour period or suspension of your licence.
To make the choice you can either:
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Complete the form F4012 - Driver Licence Enforcement Option Nomination and then attend any TMR office and file the form before the choice date.
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Make the election online. You can make the choice on the TMR website by clicking here.
How long does the good driving behaviour period last?
The good driving behaviour period lasts for 12 months.
How many points do I have under the good driving behaviour period?
You only have 1 demerit point. If you incur 2 or more demerit points you breach the good driving behaviour period.
What happens if I breach my good driving behaviour period?
If you breach your good driving behaviour period by incurring 2 or more demerit points then your licence will be suspended for 6 months (it can be longer depending on how many demerit points you incurred on the good driving behaviour period).
If you do breach your good driving behaviour period then you might be eligible to apply for a special hardship order.
What is a special hardship order?
If you find yourself in a situation where you've breached your good driving behaviour period but still need to drive, there's hope. You may be eligible to apply for a special hardship licence, also known as a hardship licence or special hardship order. This licence grants you permission to drive for specific reasons despite the suspension of your regular licence.
A special hardship licence comes into play if you're currently on a 12-month good driving behaviour period and you commit another traffic offence or are caught exceeding the speed limit by more than 40 km/h.
However, there are certain criteria you must meet to be eligible for a Special Hardship Order ("SHO"). You cannot apply if, within the last five years prior to your application:
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You have previously applied for a SHO,
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Your Queensland driver licence has been suspended, disqualified, or cancelled, or
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You have obtained a work licence.
To convince the court that losing your licence would cause severe and unusual hardship to you or your family, you must demonstrate that it would deprive you of a means of earning income or create another critical issue. Moreover, your traffic history will be taken into account, and you must demonstrate that you are a fit and proper person to be entrusted with this privilege.
The application for a special hardship licence is heard in the Magistrates Court nearest to your residence and requires extensive affidavits from both yourself and, if employed, your employer.
Should you be successful in obtaining a SHO, your licence may come with restrictions, including:
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Driving to and from work using the shortest route available,
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Driving for purposes directly linked to your income-earning activities, and
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Driving for any special hardship grounds granted by the court (e.g., transporting a family member for chemotherapy treatment). It's crucial to understand that the court must be convinced that not allowing you to drive for the specific reason sought would result in severe and unusual hardship.
It's worth noting that the court may impose additional conditions on your licence, such as:
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Requiring you to maintain a driving diary,
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Setting limitations on when or how long you can drive,
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Specifying who you're allowed to carry in the vehicle, and
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Restricting the class or type of vehicles you may operate.
Throughout the period of the SHO, you can only drive within the parameters outlined above. It's crucial to understand that you don't possess a full licence during this time. Typically, the SHO is valid for the duration of your licence suspension, which is usually six months.
A critical aspect of a special hardship licence is that you'll receive zero demerit points. This means that even if you accumulate a single demerit point, your licence will be suspended for 12 months. Be mindful of this important detail as you navigate this process.
FAQ’s
I didn’t make a choice under the notice to choose
If you don’t make a choice by the date in the notice to choose that TMR have sent you then your licence is automatically suspended as if you chose the licence suspension rather than the good driving behaviour period.
I haven’t received the notice to choose
Contact TMR urgently as if you go past your due date to make a choice then your licence will be suspended.
It might be you haven’t updated TMR with your new postal address and they have sent the notice to choose to an old address.
I tried to elect the good driving behaviour period but TMR says its too late
If there is a reason you didn’t get the notice to choose then ring TMR urgently. Do not drive until unless TMR allows you to choose the good driving behaviour period.
How long does it take for demerit points to reset Qld?
Demerit points remain on your record for 3 years.
I really need to drive but I chose a suspension and not a good driving behaviour period
There is nothing you can do now. You can try contacting TMR but that’s not likely to change anything.
When does the suspension period start?
The suspension date starts as soon as you choose a suspension rather than electing a good driving behaviour period. If you make no choice then the suspension will automatically start the day after the date for the choice expires.
How do I find my choice date?
It will be in the letter from TMR called the “Accumulation of demerit points – notice to choose”.
Summary
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The Queensland government limits drivers to 12 demerit points in 3 years (4 for provisional license holders) to promote safe driving
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Exceeding this limit gives two options: 3-month suspension or a 12-month good driving behaviour period
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If you don't choose, your licence is automatically suspended
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The good driving behaviour period lasts for 12 months with only 1 demerit point allowed
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If you incur more than 1 demerit points on your good driving behaviour period you might be able to apply for a special hardship licence to keep driving
How do I get more help or engage you to act for me?
We cannot answer questions about specific demerit point offences nor about challenging a fine or infringement notice but can provide advice to people needing to apply for a special hardship licence because they have exceeded their demerit points or driven more than 40 km/h over the speed limit.
We have been operating since 2010 and undertaken over 1,000 successful special hardship licence applications throughout South East Queensland.
If you want to engage us or just need further information or advice then you can either;
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Use our contact form and we will contact you by email or phone at a time that suits you
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Call us on 1300 952 255 seven days a week, 7am to 7pm
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Email This email address is being protected from spambots. You need JavaScript enabled to view it.
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Click here to select a time for us to call you back
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Visit our main website page
We cover all courts in South East Queensland from the Gold Coast to Brisbane and up to Hervey Bay and out to Toowoomba. We have 7 offices in South East Queensland to assist people. We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about special hardships. You will not be chased or hounded to engage us. Remember its critical you get advice before going to court, failing to get a special hardship licence or one that is too restrictive will have an impact on you, your family and your employment or business.
Need more information?
We have a range of articles on Special Hardship Orders and other traffic offences on our blog. Some of the most recent have included:
This article general information only and not legal advice and is written subject to our disclaimer that can be read by clicking here. We cannot provide advice on fighting a ticket or about how demerit points apply for specific offences.
