Sometimes, it’s a one-off favour for a family member or a friend. They agree to take on demerit points so a brother, sister, partner or another doesn’t lose their licence - and it's usually free.
But others are also cashing in and outright incurring demerits for strangers for a price. Per point, some are charging $80 to be nominated as the driver. Others are valuing demerit points at $1000 each - and they're selling three.
Yes, it's illegal. But it hasn't stopped people from doing it, for years.
"This used to be advertised in the Trading Post," one person told The Feed, referring to the classified advertising newspaper which stopped printing in 2009 and is now published online.
Screenshots of illegal demerit point ads. Credit: SBS The Feed
Jess, who only got her driver's licence back two weeks ago, realised she'd been driving with a suspended licence for over a year when police officers pulled her over a few weeks ago.
About 18 months ago, she agreed to take two demerit points from her best friend at the time, who was on the cusp of losing her driver's licence.
"She drove for work and had been caught speeding," Jess said.
The friend asked for Jess to take the demerit points. Jess agreed on the condition that the friend would pay the $600 fine.
But the former friend didn't pay, and Jess, who previously had a clean driving record, had her licence suspended.
"When [the police] told me, I must have looked so horrified. He said, 'I'll take you home. Go get it sorted out,'" Jess, who is from WA, said.
"I didn't actually know it was illegal, so I burst into tears," she said.
Jess was able to undo the suspension, but it cost her "$1,700 to sort it all out".
"You just can't trust people. You just can't. And if you are asking a complete stranger to take your money and your points, that's just ludicrous. You just don't know who they are," she said.
These days, people sell demerit points in online marketplaces like Facebook. Though Meta (Facebook's owner) bans the sale of illegal products, the ads remain. There are even private groups, sorted by state, that also facilitate the sale of demerits.
Facebook groups are popping up, but among the actual sales are also scammers.
One seller told The Feed that he needed to do it to pay his rent. But the space has also become an easy way for scammers to try their luck. And with the practice being illegal, people reporting them would mean they're outing themselves for seeking to break the law.
Another person said while his mother doesn't drive, he renewed her licence to double the demerits "available" to him. Others on social media suggested asking someone who is in, or about to go into jail for a long stint.
A fine for lying on your fine?
As a driver, you start with zero demerit points. If you commit an offence that has a demerit point penalty, they are then added to your driving record. In different states and territories, there is a maximum number of demerits, ranging from 11 to 14 demerit points, that you can run up before you lose your licence.
It's not illegal for a registered car owner to transfer demerit point penalties to another driver if they were the one actually behind the wheel at the time of the offence.
But if you lie about who was driving and get caught, both parties can be charged or fined for the false nomination. If you falsely nominate another driver in NSW, it can land you a $723 fine, and if you're convicted in court, the maximum penalty can be up to $11,000.
Just last month, the Revenue, Fines and Other Legislation Amendment Act in NSW introduced penalties for people who offer or agree to accept a penalty related to a vehicle, including demerit points. A fine of $704 applies or a maximum court penalty of $5,500.
Penalties vary across Australia, but in Victoria, fines are even steeper, with a maximum penalty of $9,000.
In 2009, former Federal Court judge Marcus Einfeld was sentenced to at least two years in jail for lying to evade a speeding fine that cost $75.
It won't increase your insurance premium, but you may be a 'high-risk driver'
Insurance companies generally don’t base your premium on the number of demerit points you accumulate.
However, if your licence is suspended as a result of having too many demerit points, that could increase your premium as you may be seen as a high-risk driver, a Suncorp spokesperson told The Feed.
*Not her real name.
