Demerit Point System for Drivers
If you are convicted of a traffic violation, demerit points will be applied to your driving record. If you receive the maximum number of demerit points, your license will be suspended for up to three months. Demerit points on your driving record will negatively impact your cost for insurance coverage.
How many demerit points will be applied?
The number of demerit points for each conviction is based on the seriousness of the offence. For example, failing to yield the right of way is three demerit points; dangerous driving could result in 12 demerit points. Find the number of demerit points issued for each traffic violation in the table below.
What is the maximum number of demerit points allowed?
If you are an experienced driver holding a valid license more than two years and you accumulate 12 demerit points within a two-year period, your driver’s license will be suspended for three months. A newly licensed driver in the Graduated Driver Program will be suspended as follows:
- Stage 1 (Beginners Permit): suspension for any violation carrying demerit points;
- Stage 2 (First year license): one month suspension with six demerit points;
- Stage 3 (Second year license): one month suspension with nine demerit points.
Please note: A seat belt, passenger restriction or use of a handheld communication device violation at any stage of the Graduated Driver Program will result in a suspension of driving privileges and fines: 1st offence 30 days, 2nd and subsequent offence 90 days .
If my license is suspended, will my demerit points be cleared when it is reinstated?
Following suspension, you are placed on probation for one year. If you are convicted of any traffic offence while on probation you may receive an additional three-month suspension. In addition, you will be required to complete a Driver Improvement Course.
Can I reduce the demerit points on my license?
With up to eleven demerit points accumulated on your driver record, you may be awarded three merit points and avoid a possible suspension by successfully completing a Canada Safety Council Defensive Driving Course. These merit points may be awarded only once every 24 months.
How will I know the level of demerit points on my driver record?
Once your driver record has accumulated demerit points, you will be notified as follows:
Experienced drivers
- Warning: 6, 7 or 8 demerit points
- Interview: 9, 10 or 11 points
- Three-month suspension: 12 or more points
Graduated licensed drivers
- Stage 2: Warning: 3,4, and 5 demerit points; suspension at 6 demerit points
- Stage 3: Warning: 5,6,7, or 8 demerit points; suspension at 9 demerit points
Demerit points are assigned under the Criminal Code of Canada or the PEI Highway Traffic Act as follows:
| Provision Under Which Convicted | Number of Demerit Points | Description of Offence |
|---|---|---|
| Section 220, 221 and 249(1) of the Criminal Code | 12 | Criminal negligence involving the use of a motor vehicle |
| Section 236 of the Criminal Code | 12 | Motor manslaughter |
| Section 249(2) of the Criminal Code | 12 | Failing to stop at scene of accident |
| Section 249(4) of the Criminal Code | 12 | Dangerous Driving |
| Section 249.1(1) of the Criminal Code | 12 | Flight from peace officer |
| Section 249.1(3) of the Criminal Code | 12 | Flight from peace officer causing bodily harm |
| Section 89(a) of the Highway Traffic Act | 12 | Defacing or altering driver's licence |
| Section 89(b) of the Highway Traffic Act | 12 | Lending driver's licence |
| Section 89(c) of the Highway Traffic Act | 12 | Person representing another's driver's licence as the person's own |
| Section 89(e) of the Highway Traffic Act | 12 | Giving false information in driver's licence application or to Registrar |
| Section 89(e.1) of the Highway Traffic Act | 12 | Failure to comply with ignition interlock condition imposed by Registrar on driver's licence of person |
| Section 89(f) of the Highway Traffic Act | 3 | Failing to comply with restriction or condition, other than one respecting ignition interlock, imposed by Registrar on driver's licence of person |
| Section 259(4) of the Criminal Code and section 271 of the Highway Traffic Act | 6 | Driving while registration of licence under suspension or while disqualified |
| Section 176(1) of the Highway Traffic Act | 5 | Driving imprudently or without due care and attention or if disabled |
| Section 231(1)(a) of the Highway Traffic Act | 5 | Driving while racing with another motor vehicle |
| Section 231(1)(b) of the Highway Traffic Act | 5 | Driving a motor vehicle while performing a stunt |
| Section 155(1), (2) of the Highway Traffic Act | 3 | Improper passing |
| Sections 176(3)(b)(i) and 176(3.1)(b)(i) of the Highway Traffic Act | 3 | Driving - under 30 kilometres per hour over the posted maximum speed limit |
| Sections 176(3)(b)(ii) and (iii) and 176(3.1)(b)(ii) and (iii) of the Highway Traffic Act | 6 | Driving - over 30 kilometres per hour but less than 60 kilometres over the posted maximum speed limit |
| Sections 176(3)(b)(iv) and 176(3.1)(b)(iv) of the Highway Traffic Act | 9 | Driving - over 60 or more kilometres per hour over the posted maximum speed limit |
| Sections 185, 186, 187, 188 and 190 of the Highway Traffic Act | 3 | Failing to yield the right of way |
| Section 202(1) of the Highway Traffic Act | 12 | Failing to stop for a school bus when the flashing red lights are displayed on the school bus |
| Section 232(3) of the Highway Traffic Act | 3 | Failing to report an accident |
| Section 310(2) of the Highway Traffic Act | 3 | Any violation of a bylaw made by a traffic authority involving the use of a motor vehicle in motion |
| The Highway Traffic Act (General) | 3 | For any offence under the Highway Traffic Act involving the use of a vehicle in motion, improperly parked or being operated with unsafe or insufficient equipment |
| Subsection 6(3) of the Government Property Traffic Act (Canada), Government Property Traffic Regulations and sections 176(3)(b)(i), (ii), (iii) and (iv) or 176(3.1)(b)(i), (ii), (iii) and (iv) of the Highway Traffic Act | 3 | Driving over the posted maximum speed limit on the Confederation Bridge |