Demerit Points – Alberta

Update:

Alberta’s  Demerit  Points

In Alberta, the demerit point system is used to maintain an accurate account of a driver’s demeritable convictions on their driving record. Demerit points are assigned to a client’s driving record in accordance with the Regulations under the Traffic Safety Act.

Alberta Coat of Arms

If you accumulate 15 or more demerit points within a two year period on your driving record, your licence will be suspended for one month. With each subsequent suspension, within a prescribed time period, the time period you lose your licence for increases.

Below are the actions that result in drivers being assessed demerit points:

Alberta’s Demerit Point System


Description of Offence pursuant to the Traffic Safety Act (T.S.A)Section of T.S.ADemerit Points
Failing to remain at the scene of an accident69 (1)7
Failing to stop for School Bus72 (1)6
Careless driving115 (2) (b)6
Racing115 (2) (c)6
Bet or wager115 (2) (d)6
Speeding – by more than 50 kph over speed limit115 (2) (p) & 53 (5) (c)6
Failure to stop for a School bus, explosives at uncontrolled railway crossing42 (5)5
Fail to stop for a Peace Officer166 (2)5
Speeding – unreasonable rate2 (1) (a)4
Following too closely184
Failing to yield right of way to a pedestrian in a crosswalk41 (1)4
Passing vehicle stopped at crosswalk41 (2)4
Improper passing in School zone83
Driving left of centre12 (1)3
Meeting and passing oncoming vehicle143
Driving wrong way on one – way highway173
Passing on hill or curve19 (1)3
Passing when meeting oncoming vehicle203
Overtaking and passing21 (1)3
Impeding passing vehicle21 (2)3
Impeding passing vehicle – multi-lane hway22 (2) (b)3
Passing restrictions233
Failing to yield right of way to a vehicle at intersection343
Failing to stop before entering highway36 (2)3
Failing to yield right of way to a pedestrian at alley entrance36 (3)3
Failing to stop at stop sign373
Proceeding when unsafe, entering highway at stop sign383
Failing to yield right of way to a vehicle at yield sign393
Failing to yield right of way to a vehicle in traffic circle403
Failing to stop at railway crossing42 (2)3
Failing to stop driving around barrier at railway crossing42 (3)3
Failing to stop stop sign at railway crossing42 (4) (a)3
Proceeding when unsafe, stop sign at railway crossing42 (4) (b)3
Failing to yield right of way to a vehicle at merge sign50, 513
Failing to yield right of way to a pedestrian at a green light52 (1) to (5)3
Failing to yield right of way to a vehicle at green light52 (1), (3) to (5)3
Failing to stop yellow light at intersection53 (1)3
Failing to stop yellow light – not at intersection53 (2)3
Failing to yield right of way to a vehicle at flashing yellow light53 (3)3
Failing to yield right of way to a pedestrian at flashing yellow light (intersection)53 (3)3
Failing to yield right of way to a pedestrian at flashing yellow light (not at intersection)53 (4)3
Failing to yield right of way to a pedestrian at flashing yellow light53 (5) (d)3
Failing to stop red light at intersection54 (1) (a)3
Proceeding when unsafe, red light at intersection54 (1) (b)3
Failing to stop red light – not at intersection54 (4)3
Failing to stop flashing red light at intersection54 (5) (b)3
Proceeding when unsafe, flashing red light at intersection54 (5) (a)3
Failing to stop flashing red light – not at intersection54 (6) (a)3
Proceeding when unsafe, flashing red light – not at intersection54 (6) (b)3
Failing to stop for vehicle sounding siren65 (1)3
Failing to stop following emergency vehicle too close65 (2)3
Failing to notify owner of an unattended vehicle damaged in accident69 (2) (a)3
Failing to notify owner of property damaged in accident69 (2) (b)3
Driver fail to make accident report71 (1)3
Proceeding when unsafe, to pass School Bus72 (2)3
Stunt Driving115 (2) (f)3
Speeding – over 15, less than 30 kph over speed limit115 (2) (p) & 53 (5) (c)3
Proceeding when unsafe, to pass School Bus72 (2)3
Traffic lane violation, drive near centre line2 (1) (b)2
Slow driving impeding traffic2 (1) (c)2
Failing to obey peace officer to increase speed2 (4)2
Traffic lane violation, slow moving vehicle32
Traffic lane violation, solid lines15 (1)2
Failing to signal when changing lanes15 (2)2
Traffic lane violation, unsafe lane change15 (4)2
Traffic lane violation, failing to drive in middle of marked lane15 (5)2
Traffic lane violation, straddling 2 lanes15 (6)2
Traffic lane violation, 3 lane highways16 (1)2
Failing to signal turning left or right242
Improper turns, right turns, various252
Improper turns, left turns, various262
Improper turns, turns controlled by control device27 (1), (2)2
Traffic lane violation, lane marked with X27 (4)2
Improper turns, U-turns29, 302
Improper turns, U-turn by School bus312
Failing to signal when stopping352
Failing to obey instruction of traffic control device572
Speeding – up to 15 kph, over speed limit115 (2) (p) & 53 (5) (c)2
Driving at less than minimum speed (Unnecessary slow driving)115 (2) (q)2

Applies to Alberta’s Novice Drivers

Having more passengers than seatbelts32 (4) & 33 (8)2
Curfew – no driving from 12:00 a.m. to 5 a.m. (Class 7 Learner stage only)51 (g)2
Operator Licensing & Vehicle Control Regulation
Supervisor not fully qualified51 (e) & (f.1)2

Driving a vehicle on a roadway without due care and attention, or without reasonable consideration for persons using the roadway, is considered “careless driving”. This results in a court appearance, six (6) demerit points against your licence and up to a three (3) month licence suspension from the courts.

The risks and consequences increase if you are convicted of dangerous driving. Operating a motor vehicle in a manner that is dangerous to the public is a criminal code conviction and results in a one year suspension of your driver’s licence. Drivers convicted of dangerous driving causing injury or death receive a mandatory five (5) year licence suspension.

GRADUATED DRIVER LICENSING

Rules for new drivers

Graduated Driver Licensing (GDL) has changed the way we license new drivers in Alberta. The GDL program ensures new drivers, regardless of age, get the support, skills and experience they need to handle the complex task of driving.

The chart below outlines the program

1 STAGE ONE
LEARNER

To obtain a Learner’s License (Class 7) you must:

  • Be 14 years of age or older.
  • Pass a vision test and a knowledge test on the rules of the road.
  • Have parental consent if you are under 18 years of age.
  • Have valid identification.

Learner’s Conditions

  • Must hold the Learner’s license (Class 7) for at least 1 year.
  • Must be accompanied by a fully licensed (non-GDL probationary) driver who is 18 years of age or older and who is seated next to the driver.
  • Not permitted to drive from midnight to 5 A.M.
  • Not permitted to have more passengers than seat belts.
  • They will be suspended at 8 demerit points rather points rather than the 15 for fully licensed drivers.
  • Have a zero alcohol level.

2 STAGE TWO
PROBATIONARY

To become a Probationary Driver (Class 5-GDL) you must:

  • Be 16 years of age or older.
  • Have held a Class 7 licence at least one year.
  • Pass the basic Alberta Class 5 road test.

Probationary Conditions

  • Must spend a minimum of 2 years as a probationary driver.
  • Not permitted to more passengers than seat belts.
  • They will be suspended at 8 demerit points rather points rather than the 15 for fully licensed drivers.
  • Have a zero alcohol level.
  • No upgrading to a commercial licence (Classes 1, 2, 3 or 4).
  • Cannot serve as an accompanying driver to a learner.

To become a fully licensed driver (Class 5) you must:

  • Have been suspension free for the last year of the 2-year Probationary Stage.
  • Pass an advanced road test.

Stage 1 + Stage 2

It will take a minimum of 3 years to complete both stages of Graduated Driver Licensing. It will take 4 years if you get your Learner’s Licence at 14 years of age.

To become a Probationary Driver you must:

  • Be 16 years of age or older.
  • Pass the standard Alberta Class 5 road test.

Probationary Conditions

  • Must spend a minimum of 2 years as a probationary driver.
  • Not permitted to more passengers than seat belts.
  • They will be suspended at 8 demerit points rather points rather than the 15 for fully licensed drivers.
  • Have a zero alcohol level.
  • No upgrading to a commercial licence (Classes 1, 2, 3 or 4).
  • Cannot serve as an accompanying driver to a learner.

To become a fully licensed driver (Class 5) you must:

  • Have been suspension free for the last year of the 2-year Probationary Stage.
  • Pass an advanced road test.

If you apply for a Motorcycle Licence (Class 6) as your first licence, you are subject to the conditions of the Graduated Licensing Program.

  • If learning to drive a motorcycle, you must be 16 years of age and are not permitted to drive during night time hours. Night time for GDL motorcycle riders is defined as from one hour after sunset or 12:00 midnight, whichever is earlier, and extends until one hour before sunrise or 5 A.M., whichever is later.
  • You must be accompanied by a fully licensed (non-GDL probationary) driver who is 18 years of age or older and is either seated on the motorcycle with you or is following you in close proximity in or on another motor vehicle.

Note: Operators of a moped with a Class 7 licence are subject to the zero alcohol level restrictions and are not permitted to drive during nighttime hours.

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8 comments

  1. Hi Valene: When a ticket concerns a stop sign violation, section 38 or 38(a) does not apply to this type of violation.
    You have to look at the Alberta Highway Traffic Act, specifically sections 98 and 99 of this Act.

    You should fight this ticket, as the charge (under section 38 or 38(a)) does not reflect the type of violation
    reflected in the ticket. Plead not guilty, as you are not guilty of the alleged offence, as reflected in the ticket
    that you received. This is what section 38 of the Highway Traffic Act states:
    Visibility of lamps
    38 The lamps required by sections 33, 35, 36 and 37 shall be
    visible at a distance of 150 metres in normal darkness.

    It sounds as if you drove up to a stop sign and in the opinion of the officer who provided you with a ticket, did not
    believe that you stopped long enough before proceeding and he/she called this “unsafe”. Most officer follow a three (3)
    second rule; meaning that they expect motorists to remain at a stop sign for a full three (3) seconds or longer before
    they continue to move forward. There is no such rule. If you come to a stop sign and stop and look all ways and it
    is safe to proceed, then you are entitled to proceed. Most motorists receive this ticket within 2 kilometers of their
    home or their son or daughter’s school.

    Here is the link to the Alberta Highway Traffic Act: https://www.canlii.org/en/ab/laws/stat/rsa-2000-c-h-8/latest/rsa-2000-c-h-8.html

    Here is section 98 and section 99 of the Highway Traffic Act:
    Stop signs
    98 A driver of a vehicle about to enter on any highway from a
    highway that is marked by a “stop” sign shall bring that vehicle to a
    stop
    (a) before entering on the intersecting roadway and at a point
    no further than 3 metres from the intersecting roadway,
    (b) if there is a marked crosswalk on the near side of the
    intersection, immediately before entering on the
    crosswalk, or
    (c) if there is a marked stop line on the near side of the
    intersection, at the stop line.
    RSA 1980 cH-7 s98

    Proceeding after stopping
    99 When a driver is required to stop pursuant to section 97 or 98,
    that driver
    (a) shall not proceed until the condition of the traffic on the
    highway being entered on is such that that driver can enter
    on it in safety, and
    (b) shall yield the right of way to all traffic approaching on
    the highway.

    Remember to always http://fightyourtickets.ca

  2. Should I pay this ticket, I tried to find the section of the highway act and it’s no where to be seen. My ticket states under the section 38(a) fail to proceed safely after stopping at stop sign. There is no section 38(a) only 38. What should I do. I also went to the police station and they couldn’t find it also.

  3. Greetings! Very useful advice in this particular article! It’s the little changes that will make the most significant changes.
    Many thanks for sharing!

  4. In your Probation Conditions Where it says They will be suspended at 8 demerit points rather points rather than the 15 for fully licensed drivers. This should be suspended at 8 points rather than the 15 points for fully licensed drivers. PS prove read your work. I was born in this country and it irks me when the English languish is abused so.

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