Remarks: Throughout this web page, the "male" pronoun is used to cover references to both the male and female. No gender preference is intended.
Q1: | When is the effective date of the Driving-offence Points System? | ||||||
A1: | The effective date of the DOP system is 25 August 1984. | ||||||
Q2: | What are the objectives of the Driving-offence Points System? | ||||||
A2: | The DOP system aims to promote safety on the road. The main purposes are to deter habitual traffic offenders and to reduce the accident toll by improving the standards of driving. | ||||||
Q3: | What is the Driving-offence Points System? | ||||||
A3: | The DOP system records points incurred in respect of certain traffic offences related to road safety. Pursuant to the Road Traffic (Driving-offence Points) Ordinance, Cap. 375, the driver shall incur points in respect of the offences in the Schedule (hereinafter referred to as "scheduled offence") if he is convicted by the Courts or becomes liable to a fixed penalty. These scheduled offences are categorised into three layers based on their seriousness and assigned with 10, 5 and 3 points respectively. | ||||||
Q4: | When will the Driving-offence points be incurred? | ||||||
A4: | When a driver is convicted of a scheduled offence by the Courts (applicable to offences heard by the Court) or becomes liable to the fixed penalty (applicable to offences settled by way of fixed penalty tickets), points will be incurred on the date he is convicted by the Court or becomes liable to a fixed penalty (whichever is applicable). | ||||||
Q5: | How would the Commissioner for Transport determine whether actions have to be taken under the DOP system? | ||||||
A5: | In counting the two-year period for determining whether actions have to be taken under the DOP system (e.g. whether the Commissioner for Transport has to apply to a magistrate to trigger the disqualification proceedings), the relevant reference date is the date of the commission of the relevant scheduled offence, instead of the date of incurrence of points. For instance, if a driver commits a scheduled offence on 1 August 2020 and is convicted of such offence on 1 November 2020, the relevant reference date on which the relevant two-year period starts to count would be 1 August 2020. Also, under the DOP system, the two-year period is counted on a rolling basis. Hence, if a driver has accumulated points to a specified level during the period from 1 August 2020 to 31 July 2022, a respective action or penalty will be triggered. For details, please refer to the "Example of the calculation of Driving-offence Points" below. | ||||||
Q6: | What are the consequences of incurring Driving-offence points? | ||||||
A6: | Under the DOP system, if a driver has accumulated points incurred to a specified level within any two-year period, a respective action or penalty will be triggered. Specifically, a Notice of Advice of Driving-offence Points will be served to a driver incurring 8 to 14 points; a driver incurring 10 points or more is required to attend and complete a Driving Improvement Course at his own cost within a specified period of time; a driver incurring 15 points or more is liable to be disqualified from holding or obtaining a driving licence (hereinafter referred to as "disqualification"). | ||||||
Incurrence of 8 points or more, but less than 15 points | |||||||
If a driver incurs 8 points or more, but less than 15 points within the 2-year period, the Commissioner for Transport will issue a Notice of Advice of Driving-offence Points to him pursuant to the law. This Advice sets out his record of points incurred in respect of the scheduled offences committed within the 2-year period, informs him of the consequences of incurring more points and reminds him to improve his driving behavior. | |||||||
Incurrence of 10 points or more | |||||||
If a driver incurs 10 or more points in respect of the scheduled offences committed within the 2-year period, the Commissioner for Transport will issue an "Obligatory Attendance of Driving Improvement Course Notice" to the driver to inform him of the obligatory attendance and completion of a Driving Improvement Course at his own cost within a specified period. A driver who, without reasonable excuse, fails to attend and complete the Driving Improvement Course within the specified period, commits an offence and may be liable to prosecution. More details can be found on the webpage about Mandatory Attendance of Driving Improvement Course. | |||||||
Please note that a driver is required to attend and complete a Driving Improvement Course at his own cost once for every 10 or more points incurred within the 2-year period. In other words, a driver is required to attend and complete the Driving Improvement Course at his own cost twice for incurring 10 or more points twice within the 2-year period, and so on. If a person has attended and completed a Driving Improvement Course as required by an "Obligatory Attendance of Driving Improvement Course Notice", all points specified in the Notice will not be counted again for the purpose of another obligatory attendance of Driving Improvement Course. | |||||||
Will points be deducted upon completion of a Driving Improvement Course at a driver's own cost? |
|||||||
Eligible participants who have attended the whole Course with satisfactory performance (i.e. attended all class(es) of the Course on time, paid attention, participated actively in class and group discussions and activities, and passed the course-end written assessment) will have 3 points deducted from the total number of points incurred. However, no points can be deducted if on the date the person completes a driving improvement course in relation to which he/she is issued with a course certificate –
More details can be found on the webpage about Driving Improvement Course. |
|||||||
Incurrence of 15 points or more | |||||||
If a driver incurs 15 or more points within the 2-year period, he is liable to disqualification pursuant to the law. The disqualification period will be three months for the first disqualification and six months for each subsequent disqualification, subject to the Courts' order. | |||||||
Please note that a driver is liable to disqualification once for every 15 or more points incurred within the 2-year period. In other words, a driver is liable to disqualification twice for incurring 15 or more points within the 2-year period twice, and so on. If a driver is liable to disqualification for multiple times, subject to the Courts' decision, the disqualification will be carried out consecutively (i.e. the subsequent disqualification will only begin when the previous one ends). | |||||||
How will a summons be served if a driver is liable to disqualification due to the incurrence of 15 or more points? |
|||||||
When a driver incurs 15 or more points in respect of the scheduled offences committed within the 2-year period, a summons will be served by ordinary post by the Courts at his address registered in the Transport Department. If that driver fails to appear at the hearing at the scheduled date and time specified in the summons, the summons will be served again on him by registered post. | |||||||
A summons is deemed to have been served if it is served on a driver by registered post at his address registered in the Transport Department, even if it is returned through the post undelivered to him. | |||||||
What will happen if a driver fails to appear at the hearing? |
|||||||
If a summons is served or deemed to have been served on a driver and he does not appear at the time and place specified in the summons, the Courts may issue an arrest warrant against him. Moreover, the Commissioner for Transport shall refuse to issue, re-issue or renew the driving licence for him pursuant to the law. |
Example of the calculation of Driving-offence Points
The following offences were committed by a driver within the period from 1 August 2020 to 31 October 2022.
Please note that the below example is for reference only. The provisions of the incurrence of Driving-offence Points and disqualification should be based on the Road Traffic (Driving-offence Points) Ordinance (Cap. 375) or the disqualification orders made by the Courts.
Offence Date | Points Incurred^ | Points Deducted | Points Accumulated | Remarks |
---|---|---|---|---|
1 August 2020 (Offence 1) | +5 | N/A | 5 | N/A |
1 November 2020 (Offence 2) | +3 | N/A | 8 | The Commissioner for Transport shall serve a Notice of Advice of Driving-offence Points. |
1 February 2021 (Offence 3) | +5 | N/A | 13 | The Commissioner for Transport shall serve an Obligatory Attendance of Driving Improvement Course Notice. The driver shall attend and complete the driving improvement course at his own cost within the specified period. |
1 May 2021 (Completion of driving improvement course at his own cost) | N/A | -3 | 10 | The driver attended and completed the driving improvement course at his own cost. He also met the criteria of 3-point deduction. |
5 August 2022 (Offence 4) | +5 | N/A | 10 | The interval between the offence date of Offence 1 (1 August 2020) and Offence 4 (5 August 2022) has exceeded the 2-year period. Therefore, as at 5 August 2022, the 5 points incurred from Offence 1 would not be taken into account. The Commissioner for Transport shall calculate the driver's points within a 2-year period starting from the offence date of Offence 2 (1 November 2020). |
31 October 2022 (Offence 5) | +5 | N/A | 15 | With reference to the offence date of Offence 2 (1 November 2020), the driver, despite given 3-point deduction, has incurred 15 points within the 2-year period from 1 November 2020 to 31 October 2022. He shall receive a summons from the Courts and be liable to disqualification#. |
^ Section 4 Cap.375 provides that where a person is convicted of a scheduled offence or becomes liable to a fixed penalty in respect of a scheduled offence, he shall incur the appropriate number of points in respect of that offence.
# The disqualification order made by the Courts shall prevail.
Further Enquiries
Your record of the Driving-offence Points can be obtained from the Police Traffic Conviction Records Office. More details can be found on their website: https://www.police.gov.hk/ppp_en/05_traffic_matters/tcr.html
Scheduled Offences Under the Driving-offence Points System
Please refer to the Schedule of the Road Traffic (Driving-offence Points) Ordinance (Cap. 375).