3.30.02 Demerit Points / Suspension
Policy
Demerit points are assigned to a client’s driving record in accordance with the Traffic Safety Act.
An accumulation of demerit points may cause a demerit suspension to be imposed. Demerit points are assigned through MOVES when a conviction is updated to a client’s driving record. For more information regarding demerit points; see Demerit Point Program and Service of Documents Regulation.
A demerit suspension cannot be appealed; however, a client may appeal through the courts, the individual conviction(s) that resulted in the suspension.
There are two different demerit point systems/suspensions:
- Fully licenced drivers.
- Drivers in the Graduated Driver Licence (GDL) Program.
Fully Licenced Drivers
Demerit points are recorded against a fully licenced driver’s driving record:
- When a total of eight or more but less than 15 points have accumulated, the client is mailed a courtesy notice of point standing.
- When an accumulation of 15 or more points occurs within a two year period, the client’s licence is automatically suspended for one month.
- When the suspension is the second demerit suspension within one year, the client’s licence is suspended for three months.
- When the suspension is the third or more demerit suspension within two years, the client’s licence is suspended for six months.
- The client may be required to attend a review with the Registrar of Motor Vehicle Services (Alberta Transportation).
- If a review is required, this will be added through a reinstatement condition.
- There is no appeal process for a demerit point suspension unless the client applies to the courts to appeal the convictions that led to the demerit suspension, or it can be proven the demerit points were assigned in error.
- The client may request to review their driving record on these grounds by making a written submission to Driver Fitness and Monitoring.
- When a demerit point suspension has been served, the licence is reinstated with seven points.
- These points remain on the client’s driving record until a period of two years from the assessed date has passed.
- When two years have elapsed from the date of a conviction, the number of points assessed for that conviction is removed from the client’s driving record.
- The date of conviction is the date the client actually paid the fine or is found guilty in absence, not the date the client received the fine.
Graduated Driver Licensing (GDL)
Demerit points are recorded against a GDL client’s driving record:
- When a total of four or more but less than eight points have accumulated, the client is mailed a courtesy notice of point standing.
- When an accumulation of eight or more points occurs within a two year period, the client’s licence is automatically suspended for one month.
- When the suspension is the second demerit suspension within one year, the client’s licence is suspended for three months.
- The client may be required to attend a review with the Registrar of Motor Vehicle Services (Alberta Transportation).
- If a review is required, this will be added through a reinstatement condition.
- When the suspension is the third or more demerit suspension within two years, the client’s licence is suspended for six months.
- When a demerit point suspension has been served, the licence is reinstated with three points.
- These points remain on the client’s record until a period of two years from the assessed date has passed.
- When two years have elapsed from the date of a conviction, the number of points assessed for that conviction is removed from the client’s record.
- The date of conviction is the date that the client paid the fine, is convicted (found guilty) in absence, or pleads guilty in court; not the date that the client received the fine.
Defensive Driving Merit Course
A credit of three points will be entered on a client’s driving record when a client has at least two demerit points assessed against them and they have successfully completed one of the following:
- Defensive Driving Course (DDC).
- Professional Driver Improvement Course (PDIC).
- School Bus Driver Improvement Program (SBPDIC).
Merit credits will be accepted for two years from the date the course was completed and may only be applied once every two years to a client's driving record.
A client must present one of the following original documents:
- A Notice of Driver Education Course Completion (DPLS0047) form.
- A Notice of Driver Education Course Completion (DPLS0047A) form issued by Enform Canada.
- The form will resemble the current government issued form; the only difference is that the letters "ENF" will precede the certificate number.
- A Notice of Driver Education Course Completion (DPLS0047A) form issued by Fleet Safety International.
- The certificate will resemble the current government issued certificate; the only difference is that the letters "FSI" will precede the certificate number.
- A Notice of Driver Education Course Completion (DPLS0047A) form issued by Alberta Motor Association.
- The certificate will resemble the current government issued certificate; the only difference is that the letters "AMA" will precede the certificate number.
- A card bearing the logo of the Alberta/Canada Safety Council.
- Clients must present the Canada Safety Council Card which contains their name, driver's licence number, driving school/organization code (ASC DDC, ASC PDIC or ASC TCC) and instructor's signature.
- The Canada Safety Council Certificate is not valid for a demerit credit entry.
A registry agent must:
- Photocopy the client’s original document to submit for imaging and return the original to the client.
- Enter current date in the Merit Start Date field.
- Contact Registries Assurance in the case of a pending suspension or suspension. Do not enter the merit credit.
- If a client has a pending suspension, but completed the merit course prior to the conviction which caused the demerit suspension, the merit entry will be backdated using the date prior to the last conviction.
- If a client is already suspended the merit entry will have no effect on the suspension and must not be entered until after the reinstatement of the client's driver's licence.
- Contact Registries Assurance in the case of a pending suspension or suspension. Do not enter the merit credit.
Fully Licensed Driver
When an approved defensive driving course has been successfully completed prior to accumulating 15 or more points, a maximum of three demerit points may be removed from a client’s driving record once every two years.
Graduated Driver Licensing
When a defensive driving course has been successfully completed prior to accumulating eight or more points, a maximum of three demerit points may be removed from a driving record once every two years.
Early Start Date
A demerit suspension may start earlier when requested by the client. Registries Assurance must update an early start date.
Prior to the modification of a suspension effective date the client must:
- Surrender their existing driver’s licence to a registry agent office, if available.
- Alberta driver licences must be destroyed; see 3.15.09 Operator Return – No Refund for destruction of returned Alberta driver’s licences.
- When the client is not in possession of their driver’s licence a statutory declaration must be completed indicating the reason the licence was not surrendered.
- The following must be faxed to Registries Assurance.
- Screen print of the MOVES Operator Return screen.
- Completed Statutory Declaration, if applicable.
Court Ordered Suspension
The courts may order a suspension for a demerit conviction. A court ordered suspension:
- May carry a term from one day to three months.
- May be appealed to a higher court.
- Is assessed no demerit points.
Restricted Driver’s Licence
The Restricted Driver's Licence Program is used by clients who need to drive for employment; health or education reasons while serving a demerit suspension; see 3.20.03 Restricted Driver's Licence Program/Demerit Suspension.
Reinstatement Fees
For reinstatement fees see the Registry Agent Product Catalogue (pdf).
Imaging
The signed application form and all supporting documents must be sent for imaging; see the appropriate sub-section in 1.15 Imaging for details.
Date Originally Issued: Nov 14, 1989
Date Last Revised: Mar 31, 2021