Driver's Licence

Penalties Related to Demerit Points

Penalties that apply to persons who have never held a licence

When individuals who have never held a licence commit an offence, the SAAQ opens a file and enters the number of demerit points related to the offence.

If 4 demerit points or more are entered on their record, their right to obtain a licence will be suspended for a minimum of 3 months as of the date indicated on the penalty notice.

Penalties that apply to holders of a learner's licence or probationary licence

When 4 demerit points or more are entered on the driving record of holders of either of these licences, their licence will be revoked (cancelled).

The licence holder can no longer drive a road vehicle for a minimum of 3 months as of the date indicated on the penalty notice.

Licence revocation also applies to holders of:

• a learner's licence or probationary licence who have never held a driver's licence other than to drive a moped and motorized scooter (Class 6D) or farm tractor (Class 8);
• a licence to drive only a moped and motorized scooter or farm tractor  for fewer than 5 years.

For individuals who do not hold a licence
Persons who do not hold a driver's licence will have their right to obtain a licence suspended for the entire penalty period.

Penalties that apply to holders of a driver's licence

A licence is under penalty when the driving record of holders:

• under age 23 contains 8 points or more;
• age 23 or 24 contains 12 points or more;
• age 25 and older contains 15 points or more.

The driver's licence will therefore be revoked. The licence holder can no longer drive a road vehicle for a minimum of 3 months as of the date indicated on the penalty notice.

For individuals who do not hold a licence
Persons who do not hold a driver's licence will have their right to obtain a licence suspended for the entire penalty period.

Penalty period

The length of the penalty period is calculated every time the SAAQ records a new conviction. The penalty period can be 3, 6 or 12 months, depending on:

• the demerit point bracket that applies to the licence holder;
• the number of demerit points entered on the driver's record;
• the length of the most recent penalty imposed within the previous 2 years.

Examples of revocation periods:

Learner's or probationary licence (4 demerit points)

Number of demerit points on record	Revocation period
	No penalty on record	A 3-month penalty on record	A 6-month penalty on record	A 12-month penalty 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)

Number of demerit points on record	Revocation period
	No penalty on record	A 3-month penalty on record	A 6-month penalty on record	A 12-month penalty on record
8 to 15 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)

Number of demerit points on record	Revocation period
	No penalty on record	A 3-month penalty on record	A 6-month penalty on record	A 12-month penalty 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 or older (15 demerit points)

Number of demerit points on record	Revocation period
	No penalty on record	A 3-month penalty on record	A 6-month penalty on record	A 12-month penalty 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

During a penalty period
Individuals who drive while their driver's licence or right to obtain a licence has been revoked or suspended due to an accumulation of demerit points commit an offence.

This means that the vehicle they are driving can be seized and impounded for 30 days. If the individual does not own the vehicle, under the Highway Safety Code, the individual must notify the vehicle owner immediately. The seized vehicle is towed away and impounded at the owner's expense.

The individual may also be liable to pay a $600 to $2,000 fine and legal costs. Other fees may be added to the fine provided under the Highway Safety Code (contribution to the IVAC crime victims compensation program, registry fees, etc.).

At the end of the penalty period
Inidividuals who have had their licence revoked will need to get a new licence at the end of the penalty period. To do so, they must comply with the eligibility requirements provided under the Highway Safety Code.

They must:

• call the SAAQ to set up an appointment¹ with one of its service centres near the end of the penalty period;
• pass the reinstatement knowledge test², if applicable;
• pay the test and licence fees.

 

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