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Demerit Points Penalty

The Société de l’assurance automobile du Québec (SAAQ) has implemented a demerit point system since 1973 to enhance road safety, penalizing drivers based on the severity of traffic offences. Accumulating demerit points can lead to the revocation of driving privileges for a minimum of three months, with penalties varying based on the number of points and the driver's age. Additionally, drivers may apply for a restricted licence for work-related driving under certain conditions, and demerit points can also affect insurance contributions when renewing a licence.
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0% found this document useful (0 votes)
6 views6 pages

Demerit Points Penalty

The Société de l’assurance automobile du Québec (SAAQ) has implemented a demerit point system since 1973 to enhance road safety, penalizing drivers based on the severity of traffic offences. Accumulating demerit points can lead to the revocation of driving privileges for a minimum of three months, with penalties varying based on the number of points and the driver's age. Additionally, drivers may apply for a restricted licence for work-related driving under certain conditions, and demerit points can also affect insurance contributions when renewing a licence.
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Demerit

Points
PENALTIES
Demerit Points

In its ongoing efforts to improve road safety in Québec,


the Société de l’assurance automobile du Québec (SAAQ)
has applied a demerit point system since 1973.
This system takes into account the relative severity
of several Highway Safety Code offences in order
to penalize offenders.

Penalties
A penalty is one of the consequences imposed on driver’s licence
holders who have reached or exceeded the number of demerit
points set for the bracket that applies to them.
When you accumulate a number of demerit points that is equal
to or greater than the threshold for your bracket, the SAAQ
informs you in writing that your learner’s licence, probationary
licence or driver’s licence has been revoked.
This means that your licence is cancelled and you are no longer
authorized to drive.

If you have never held a driver’s licence and 4 demerit points


or more are entered on your driving record, the SAAQ informs
you in writing that your right to obtain a learner’s licence has
been suspended.
This means that you cannot obtain a learner’s licence for
a minimum period of 3 months.
PENALTIES

How long is the penalty period?


Your licence will be revoked (or your right to obtain a licence
will be suspended) for a minimum of 3 months.
The length of the penalty period is calculated every time the
SAAQ enters a new conviction on your record. The penalty period
can be for 3, 6 or 12 months, depending on:
• the demerit point bracket that applies;
• the number of demerit points entered on your record;
• the length of the most recent penalty imposed within
the previous 2 years.

What are the consequences of driving


during a penalty period?
You are committing an offence if you drive while your learner’s
licence, probationary licence or driver’s licence has been revoked,
or while your right to obtain a licence has been suspended.
Your vehicle will be seized and impounded at your expense for
30 days. If the vehicle does not belong to you, you must inform
the owner without delay.
In addition to legal costs, you will have to pay a fine of $600
to $2,000.1
How do you get a new driver’s licence at the end of
a penalty period?
To get a new licence after the penalty period has ended, you must
abide by the conditions provided for under the Highway Safety Code.
You must:
• make an appointment2 by phone or online via SAAQclic at
an SAAQ service centre before the end of the penalty period;
• pass the reinstatement knowledge test;3
• pay the test and licence fees.

1. In addition to the fine, you will have to pay the court fees payable under the Tariff of court
costs in penal matters, subject to modification, as well as a contribution to the fund dedicated
to assistance for persons who are victims of criminal offences, as provided for under the
Code of Penal Procedure.
2. If you held a learner’s licence at the time of the penalty, you must go directly to an SAAQ
service centre so that we can issue a new licence.
3. If you fail the reinstatement knowledge test, you must wait at least 28 days before taking
the test again.
Examples of revocation periods
Learner’s or probationary licence holders
(4 demerit points)
Revocation period
Number of A 3-month A 6-month A 12-month
demerit points No penalties penalty penalty penalty
on record on record on record on record on record
4 to 7 points 3 months 6 months 12 months 12 months
8 to 11 points 6 months 12 months 12 months 12 months
12 points or more 12 months 12 months 12 months 12 months

Driver’s licence holders under age 23


(8 demerit points)
Revocation period
Number of A 3-month A 6-month A 12-month
demerit points No penalties penalty penalty penalty
on record on record on record on record on record
8 to15 points 3 months 6 months 12 months 12 months
16 to 23 points 6 months 12 months 12 months 12 months
24 points or more 12 months 12 months 12 months 12 months

Driver’s licence holders age 23 or 24


(12 demerit points)
Revocation period
Number of A 3-month A 6-month A 12-month
demerit points No penalties penalty penalty penalty
on record on record on record on record on record
12 to 23 points 3 months 6 months 12 months 12 months
24 to 35 points 6 months 12 months 12 months 12 months
36 points or more 12 months 12 months 12 months 12 months

Driver’s licence holders age 25 and older


(15 demerit points)
Revocation period
Number of A 3-month A 6-month A 12-month
demerit points No penalties penalty penalty penalty
on record on record on record on record on record
15 to 29 points 3 months 6 months 12 months 12 months
30 to 44 points 6 months 12 months 12 months 12 months
45 points or more 12 months 12 months 12 months 12 months
Restricted licence
A restricted licence allows you drive a vehicle for work-related
purposes only.
You can apply for a restricted licence if your probationary
or driver’s licence has been revoked because of too
many demerit points.
You cannot apply for a restricted licence if:
• you wish to provide remunerated passenger transportation
by automobile and a Criminal Code offence was entered in
your record during the 5 years prior to the current penalty
for demerit points;
• your licence was issued by another jurisdiction;
• your licence has not been valid for 3 or more years;
• your licence has been suspended or will soon be suspended
for medical reasons.
Steps to getting a restricted licence:
• File a motion before a judge of the Court of Québec in your local
judicial district. The court clerk and staff may be of assistance
in drafting the motion. Fees apply.
• Prove to the judge that you need to drive in order to work.
• Ask the judge to issue an order allowing you to obtain
a restricted licence.
• Go to an SAAQ service centre with the court order.
The SAAQ can ask for a review of the court order if it believes
that one or more conditions have not been respected.
In addition, if you receive another penalty or if you fail to abide
by the conditions of your restricted licence, your restricted licence
will be suspended.

How does having demerit points on my driving


record affect my insurance contribution?
The insurance contribution payable when you renew your licence is
determined by the number of demerit points entered on your driving
record during the two previous years.
This contribution funds the public automobile insurance plan
administered by the SAAQ.
For more information

Online
saaq.gouv.qc.ca

By telephone
Toll-free: 1-800-361-7620
TDD/TTY
Montréal area: 514-954-7763
Elsewhere in Québec: 1-800-565-7763

By mail
Service du suivi du comportement (SCC)
Société de l’assurance automobile du Québec
Édifice Jean-Lesage
333, boulevard Jean-Lesage
Case postale 19500, succursale Terminus
Québec (Québec) G1K 8J5

This folder is not a text of law. For any reference of a


legal nature, please consult the Highway Safety Code
and attendant regulations.

Original text in French


101116 C-6053-A (23-10)

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