Losing your licence, even temporarily, can have serious consequences for your work, family, and day-to-day life. In Victoria, your licence can be suspended or cancelled in a number of ways: through the demerit points system, by police at the roadside, or by a court following a traffic or criminal offence.

This guide explains the main pathways to licence suspension and disqualification in Victoria, what each means in practice, and what options may be available to you.

Suspension vs Disqualification: What is the Difference?

These terms are often used interchangeably but they have distinct meanings under Victorian law.

A suspension is a temporary removal of your right to drive. Your licence remains in existence but is inactive during the suspension period. Once the suspension ends, your licence is restored without any further application to VicRoads (unless additional conditions apply).

A disqualification is more serious. When a court disqualifies you, your licence is cancelled and you are prohibited from obtaining a new licence for the period of disqualification. Once that period expires, you must apply to VicRoads to be relicensed — it does not happen automatically. In some cases, you may also be required to obtain a licence eligibility order from the Magistrates' Court before VicRoads will issue you a new licence.

Demerit Point Suspensions

The demerit points system is administered by VicRoads under the Road Safety Act 1986. Points accumulate on your licence when you commit driving offences, and if you reach your limit, VicRoads will suspend your licence.

The thresholds are:

  • Full licence holders: 12 or more demerit points within any three-year period;
  • Learner permit and probationary (P-plate) licence holders: 5 or more demerit points within any 12-month period, or 12 or more within any three-year period.
  • When you reach your threshold, VicRoads will send you a demerit point option notice giving you two choices:
  • Accept the suspension — your licence is suspended for three months (plus an additional month for every four demerit points above the 12-point threshold). You do not need to do anything; the suspension takes effect automatically.
  • Elect a good behaviour period — you keep your licence but must not accrue any further demerit points or have your licence suspended for any reason during the following 12 months. If you do, your licence will be suspended for double the original suspension period.

Important: The Magistrates' Court has no jurisdiction over demerit point suspensions. A court cannot remove demerit points or override a VicRoads suspension. The only grounds for appeal are a clerical or calculation error by VicRoads in recording your points.

Immediate Suspension and Disqualification

In addition to the demerit point system, police have the power to suspend or disqualify your licence immediately at the roadside in certain circumstances. This can happen before any court hearing.

Immediate suspension or disqualification can be imposed where you are charged with:

  • drink driving at or above certain BAC levels;
  • drug driving;
  • excessive speed; or
  • certain other serious offences involving injury or death.

An immediate suspension means you cannot drive from the moment the notice is issued. The suspension continues until your matter is finalised in court, at which point the court will impose its own disqualification period (and any period of immediate suspension is deducted from the court-imposed period).

Court-Ordered Disqualification: Drink Driving

Drink driving offences carry mandatory minimum disqualification periods under the Road Safety Act 1986. Courts have no discretion to impose a period shorter than the statutory minimum. There are no work licences or conditional licences in Victoria — if you are disqualified, you cannot drive at all during the disqualification period, regardless of your employment or personal circumstances.

Mandatory minimum disqualification periods:

  • BAC under 0.05 (for zero-BAC licence holders such as P-platers and professional drivers): minimum 3 months (subsequent offence 12 months);
  • BAC 0.05 to 0.069: minimum 6 months (subsequent offence 12 months);
  • BAC 0.07 to 0.10: minimum 6 months (subsequent depends on exact reading);
  • BAC 0.15 or above: significantly longer minimum periods apply.

Court-Ordered Disqualification: Excessive Speed

Driving at 25km/h or more over the speed limit is treated as an 'excessive speed' offence under Victorian law. This triggers both an immediate roadside suspension and a mandatory minimum disqualification period imposed by the court. Demerit points do not apply to excessive speed offences — the disqualification is imposed directly.

Minimum disqualification periods for excessive speed vary depending on the margin over the speed limit and whether it is a first or subsequent offence.

Court-Ordered Disqualification: Other Offences

Courts also have a general power to suspend or cancel a driver's licence and disqualify a person from obtaining a new licence when sentencing for any offence under the Road Safety Act 1986, or for any other offence involving the driving of a motor vehicle. This includes offences such as dangerous driving, culpable driving causing death, and driving while disqualified.

For certain serious motor vehicle offences — such as those resulting in death or serious injury — minimum disqualification periods of 18 months or more may apply under the Sentencing Act 1991.

Driving While Suspended or Disqualified

It is a serious criminal offence to drive while your licence is suspended or during a period of disqualification. Under section 30 of the Road Safety Act 1986, the maximum penalty is 240 penalty units or 2 years imprisonment.

A conviction for driving while suspended or disqualified will typically also result in a further disqualification period being added to whatever disqualification is already running.

Getting Your Licence Back

Once your disqualification period has expired, the process for getting your licence back depends on the nature of the disqualification:

  • For demerit point suspensions: your licence is automatically restored. You do not need to apply to VicRoads.
  • For court-imposed disqualifications: you must apply to VicRoads for a new licence. You cannot simply start driving again when the period expires.
  • For drink or drug driving disqualifications: before VicRoads will issue a new licence, you must complete any required behaviour change program and comply with any interlock conditions. In some cases, you may also need to obtain a licence eligibility order from the Magistrates' Court.

Frequently Asked Questions

Can I get a work licence or special conditions licence in Victoria?

No. Victoria does not have work licences or conditional licences. If you are suspended or disqualified, you cannot drive at all — not even for work, medical appointments, or family reasons. This is a common misconception, particularly among people who have lived in other states where conditional licences do exist.

Can I appeal a demerit point suspension?

The grounds for appealing a demerit point suspension are very limited. You can only appeal if VicRoads has made a clerical or calculation error in recording your demerit points. You cannot appeal on the basis of hardship or personal circumstances. If you want to challenge the underlying offence that led to the demerit points, you must do so at the time you receive the infringement notice — not after the points have been recorded.

What happens if I drive while suspended?

Driving while suspended or disqualified is a criminal offence carrying a maximum penalty of 240 penalty units or 2 years imprisonment. You will also face a further disqualification period. Your vehicle insurance is likely to be invalidated. Police also have the power to impound your vehicle.

I was disqualified interstate. Does it affect my Victorian licence?

Yes. Victoria recognises disqualifications imposed in other Australian states and territories. A disqualification from driving in another state will generally prevent you from driving in Victoria during the same period.

Can a lawyer help reduce my disqualification period?

For offences that carry mandatory minimum disqualification periods — such as drink driving — a court cannot impose a period shorter than the statutory minimum. However, a lawyer can help ensure the minimum period applies rather than a longer one, advise on timing and approach, and assist with the relicensing process once the period expires. For offences where the court has discretion, legal representation can make a significant difference to the outcome.

Related Guides

• Drink Driving Charges in Victoria

• Drug Driving Charges in Victoria

• Culpable Driving Causing Death

• Dangerous Driving Causing Death or Serious Injury

• Sentencing in Victoria