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: 

Offences Resulting in Loss of Demerit Points
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

 

Published date: 
December 7, 2018
Transportation, Infrastructure and Energy

General Inquiries

Department of Transportation, Infrastructure and Energy
3rd Floor, Jones Building
11 Kent Street,
P.O. Box 2000,
Charlottetown, PE C1A 7N8

Phone: 902-368-5100
Fax: 902-368-5395

Highway Safety/Access PEI Inquiries: accesspeicharlottetown@gov.pe.ca

Road-Related Inquiries: roads@gov.pe.ca

All other TIE inquiries: 

DeptTIE@gov.pe.ca

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