JURISDICTION: ACT

Other ACT Traffic Offences

In shortBeyond drink and drug driving, the ACT has its own penalties for driving while disqualified or suspended, unlicensed driving, negligent, dangerous and menacing driving, failing to stop for police and high-range speeding. Many carry automatic disqualification. Demerit point suspensions start at 3 months for 12 points in 3 years, with a good behaviour option.

  • Disqualified driving: up to 50 penalty units and 6 months' jail for a first offender, plus 12 months' automatic disqualification.
  • Dangerous driving: automatic disqualification of at least 3 months (12 months if aggravated or repeat).
  • Demerits: 12–15 points in 3 years means 3 months' suspension, or you can elect 12 months' good behaviour.

Australian Capital Territory law · law checked 21 Oct 2026

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What's on this page

Driving while disqualified, suspended or unlicensed

Offence First offender maximum Repeat offender maximum Automatic disqualification
Driving while disqualified, or after a licence refusal or court cancellation (Driver Licensing Act s 32(1), (3)) 50 penalty units ($8,000), 6 months' jail or both 100 penalty units ($16,000), 1 year's jail or both 12 months (repeat: 24 months), or longer if the court orders (s 32(5))
Driving while suspended (s 32(2)) 50 penalty units ($8,000), 6 months' jail or both 100 penalty units ($16,000), 1 year's jail or both Infringement or fine default suspension: 1 month (repeat 2). Demerit suspension: 2 months (repeat 4) (s 32(6))
Never licensed (s 31(2)) 20 penalty units ($3,200) 50 penalty units ($8,000), 6 months' jail or both Repeat offender: 3 years (s 31(3))
Not licensed for that kind of vehicle (s 31(1)) 20 penalty units ($3,200) 20 penalty units ($3,200) None automatic
Driving while an immediate suspension notice is in force (Road Transport (General) Act 1999 s 61C) 20 penalty units ($3,200) 20 penalty units ($3,200) Court may order (s 64)

One penalty unit is $160 for an individual (Legislation Act 2001 s 133). A disqualification cancels any licence you hold (Road Transport (General) Act 1999 s 66).

Negligent, dangerous and menacing driving

These offences are in the Road Transport (Safety and Traffic Management) Act 1999.

Offence Maximum penalty Automatic disqualification (Road Transport (General) Act 1999 s 63)
Negligent driving (s 6) 20 penalty units ($3,200); 50 if actual bodily harm; 100 and 1 year's jail if grievous bodily harm; 200 and 2 years if death Only if death (9 months, repeat 18) or grievous bodily harm (6 months, repeat 12)
Furious, reckless or dangerous driving (s 7) 100 penalty units ($16,000), 12 months' jail or both; more if aggravated (up to 500 penalty units and 5 years for a repeat offender who failed to stop for police) 3 months (repeat 12); 12 months if aggravated
Menacing driving (s 8) 100 penalty units ($16,000), 1 year's jail or both 3 months (repeat 12)
Failing to stop for police (s 5C) First: 100 penalty units ($16,000), 12 months' jail or both. Repeat: 300 penalty units ($48,000), 3 years' jail or both 3 months (repeat 12)

Dangerous driving is aggravated if, for example, you failed to stop for police, were over the alcohol limit or had a prescribed drug present, were speeding by more than 30 per cent of the speed limit, put a vulnerable road user at risk, had a child under 17 in the car, or are a repeat offender (s 7A). The court can order a longer disqualification than the automatic period.

Speeding by more than 45 km/h

Lower-range speeding is usually dealt with by an infringement notice. From 1 August 2026, the infringement penalties are $394 for 15 km/h or less over the limit, $563 for more than 15 and up to 30 km/h, and $750 for more than 30 and up to 45 km/h. In a school zone they are $423, $611 and $849. If the matter goes to court, the maximum penalty is 20 penalty units (Road Transport (Offences) Regulation 2005 sch 1 pt 1.16 item 1).

Exceeding the speed limit by more than 45 km/h (Road Transport (Road Rules) Regulation 2017 s 20) is an immediate suspension offence, so police must give you an immediate suspension notice (Road Transport (General) Act 1999 ss 61A, 61B). On a court finding it brings automatic disqualification of 3 months, or 12 months for a repeat offender (s 63).

Demerit point suspensions

Access Canberra lists the demerit points for common offences. For speeding they are 1 point for 15 km/h or less over the limit, 3 points for more than 15 and up to 30 km/h, 4 points for more than 30 and up to 45 km/h, and 6 points for more than 45 km/h. Using a mobile phone is 3 points, or 4 points for messaging, social media, apps or the internet. Speeding, seatbelt, helmet and mobile phone points are doubled in holiday periods, and other demerit offences carry 1 extra point (Road Transport (Offences) Regulation 2005 s 21).

If a full licence holder incurs 12 or more demerit points within 3 years, the road transport authority must serve a notice of licence suspension (Driver Licensing Act s 16). The suspension starts at least 21 days after the notice is served (s 18):

Demerit points in 3 years Suspension (Table 18)
12–15 3 months
16–19 4 months
20 or more 5 months

Instead of the suspension, you can elect to be of good behaviour for 12 months by notice to the road transport authority before the suspension ends (s 19). If you then incur 2 or more demerit points in that 12 months, you are suspended for twice the original period. No restricted licence is available during a demerit point suspension (ss 18(4), 19(8)). Learner, provisional, probationary and restricted licences have their own demerit rules in the Driver Licensing Regulation.

How Boorman Lawyers can assist

We represent clients at courts throughout Queensland, New South Wales and the ACT. For these charges we appear at sentence hearings in the ACT Magistrates Court; an agent colleague may handle adjournments. We can explain the maximum penalty and the automatic disqualification that apply to your charge and what the court will consider. We cannot promise any result. ACT enquiries: call 1300 941 900 or make an enquiry about legal representation and mention that your matter is in the ACT. For drink and drug driving, see drink driving in the ACT and drug driving in the ACT; for licence options, see restricted licences.

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FAQs: other ACT traffic offences

Is driving while suspended the same as driving while disqualified?

No. They are separate offences in s 32 of the Driver Licensing Act, and the automatic disqualification for driving while suspended depends on why you were suspended.

Can I get a restricted licence after a dangerous driving conviction?

A first offender can apply once the minimum disqualification period has passed and must show exceptional circumstances. A repeat offender cannot (Road Transport (General) Act 1999 ss 67, 67A).

What happens if I break the good behaviour period?

Two or more demerit points in the 12 months means a suspension twice as long as the one you avoided (Driver Licensing Act s 19(6)).

Is negligent driving always a disqualification offence?

Only automatically where it causes death or grievous bodily harm. Otherwise the court may still order a disqualification (Road Transport (General) Act 1999 s 64).

Sources and date checked

The law on this page was checked against these primary and official sources on 21 Oct 2026. Penalty unit dollar amounts are as at 21 Oct 2026.

This page is general information about Australian Capital Territory law only. It is not legal advice. Every matter turns on its own facts.

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