About driver responsibility
Stepping over the line
Traffic laws are made to protect and ensure the safety of all road users. This section describes the penalties that you can face if you commit driving offences.
Demerit points
Demerit points are given for some traffic offences and infringements and for speeding infringements (except those recorded by a speed camera).
If you are disqualified from driving for less than six months by the court, you may have demerit points added to any previous demerit points on your record.
If you are suspended or disqualified by the court for six months or more, any previously recorded demerit points will be cleared from your record.
Demerit points will also be cancelled if you have not offended for two years.
If you incur 50 or more demerit points, you will be sent a reminder by (letter, email, text or call reminder) to warn you that your licence is in danger of being suspended.
If you get a total of 100 or more demerit points within any two-year period, you will be suspended from driving for three months.
If you are suspended for excess demerit points, you will be served with a suspension notice.
Your suspension is effective from when you are personally served with the suspension notice and you must surrender your driver licence to the person giving you the notice.
Your driver licence will be permanently cancelled as a result of the suspension. When your suspension has ended you will remain unlicensed. You are not entitled to drive until you apply at a itrans transport solutions licensing agent to have your licence reinstated and a new licence has been issued.
If your vehicle licence (sometimes referred to as ‘rego’) is due to expire during the period of your suspension, you might want to consider putting the vehicle on exemption until you are able to drive again. You can do this at itrans.af/online.
The table below lists the offences that incur demerit points.
| General description of offence Demerit points for speed related offences | Demerit points |
|---|---|
| Exceeding fixed speed limit by not more than 10km/h | 10 |
| Exceeding the speed limit by more than 10km/h but not more than 20km/h | 20 |
| Exceeding the speed limit by more than 20km/h but not more than 30km/h | 35 |
| Exceeding the speed limit by more than 30km/h but not more than 35km/h | 40 |
| Exceeding the speed limit by more than 35km/h | 50 |
| Using equipment in a motor vehicle that interferes with the operation of a speed measuring device | 25 |
| Possessing equipment in a motor vehicle that is designed to interfere with the operation of a speed measuring device | 25 |
| Exceeding the speed for stopping distance | 20 |
| Exceeding the speed for stopping distance on a road not marked in lanes | 20 |
| Demerit points for mobile phone related offences | Demerit points |
|---|---|
| Using a cellphone while driving | 20 |
| Demerit points for driver licence related offences | Demerit points |
|---|---|
| Driving a motor vehicle contrary to the GDLS conditions of your driver licence (excluding the requirement to display L plates) | 35 |
| Failing to display L plates as required | 25 |
| Driving a motor vehicle contrary to the non-GDLS conditions of your driver licence | 25 |
| Demerit points for vehicle related offences | Demerit points |
|---|---|
| Operating an unregistered motor vehicle by driving or using it on a road | 20 |
| Operating an unlicensed motor vehicle by driving or using it on a road | 15 |
| Operating a motor vehicle on road without plates affixed | 20 |
| Using trade plates when not eligible | 20 |
| Operating a motor vehicle displaying plates or licence not authorised for that motor vehicle | 25 |
| Operating a motor vehicle displaying an object or design likely to be mistaken for plates or licence authorised for that motor vehicle | 25 |
| Operating a motor vehicle with plates or licence that is wholly or partially obscured or not easily distinguishable | 25 |
| Operating a motor vehicle with a temporary exemption granted under (Motor Vehicle Registration and Licensing) Regulations | 20 |
| Failing to operate a motor vehicle with an exhaust system that complies with relevant noise output standards | 25 |
| Operating a vehicle that creates excessive noise | 25 |
| Creating excessive noise within or on vehicle | 25 |
| Demerit points for alcohol and enforcement officer related offences | Demerit points |
|---|---|
| Failing or refusing to remain for an evidential breath test or blood test | 50 |
| Person younger than 20 driving or attempting to drive with excessive breath alcohol or blood alcohol concentration | 50 |
| Person aged 20+ driving with more than 250 but not more than 400 micrograms per litre of breath, or more than 50 but not more than 80 milligrams per 100 mililitres of blood | 50 |
| Driving or attempting to drive with breath alcohol exceeding 250 micrograms but not exceeding 400 micrograms | 50 |
| Driving or attempting to drive with blood alcohol exceeding 50 milligrams but not exceeding 80 milligrams | 50 |
| Driving or attempting to drive with blood alcohol exceeding 50 milligrams but not exceeding 80 milligrams and failing or refusing to take an evidential breath test | 50 |
| Failing or refusing to wait for the result of a breath screening test or an evidential breath test | 50 |
| Failing to stop on request or signal of an enforcement officer, or on being followed by motor vehicle displaying flashing blue, or blue and red, lights or sounding a siren | 35 |
| Failing to remain stopped for an enforcement officer | 35 |
| Driving or attempting to drive when forbidden by an enforcement officer | 35 |
| Failing or refusing to accompany an enforcement officer when so required | 50 |
| Failing to produce zero alcohol licence | 25 |
| Holding an interlock licence or zero alcohol licence and contravening the zero breath or blood alcohol level | 50 |
| Demerit points for commercial driving related offences | Demerit points |
|---|---|
| Producing logbook with 1-5 omissions | 10 |
| Producing logbook with 6-10 omissions | 20 |
| Producing logbook with 11 or more omissions | 30 |
| Failing to produce logbook | 35 |
| Failing to produce approved alternative record to an enforcement officer on demand | 35 |
| Vehicle recovery service vehicles failing to complete and retain tow authorities | 35 |
| A driver or contractor working within an alternative fatigue management - scheme failing to keep records | 35 |
| Taxi driver accepting hire in specified area without an in-vehicle security camera system that is operating | 20 |
| Taxi driver accepting hire in specified area with an in-vehicle security camera system that has an obscured view of the interior | 20 |
| Demerit points for helmet related offences | Demerit points |
|---|---|
| Driving or riding all-terrain vehicle, motorcycle, or moped without a securely fastened approved helmet | 25 |
| Driving or riding all-terrain vehicle, motorcycle, or moped with a damaged safety helmet | 25 |
| Demerit points for pedestrian crossing and pedestrian zone related offences | Demerit points |
|---|---|
| Failing to give way at a pedestrian crossing | 35 |
| Entering a pedestrian crossing when passage is blocked | 35 |
| Failing to give way to pedestrians on shared zone | 35 |
| Failing to comply with school patrol sign | 20 |
| Passing at a school crossing point or pedestrian crossing | 20 |
| Demerit points for rail related offences | Demerit points |
|---|---|
| Failing to give way at a pedestrian crossing | 20 |
| Driving etc, a cycle, vehicle, or animal across level crossing when there is a risk of collision with rail vehicle | 20 |
| Failing to comply with a stop sign at a level crossing | 20 |
| Fail to remain stationary at stop sign until level crossing clear | 20 |
| Entering a controlled area of a level crossing when red signal displayed | 20 |
| Entering a controlled area of a level crossing when barrier arm lowered | 20 |
| Demerit points for road rules related offences | Demerit points |
|---|---|
| Fail to drive as near as practicable to the left of the roadway | 20 |
| Fail to allow impeded traffic to pass | 20 |
| Unsafe passing | 35 |
| Impeding vehicle when passing | 35 |
| Passing to right of no-passing line | 35 |
| Drive in emergency stopping lane | 10 |
| Fail to comply with handheld stop sign | 20 |
| Driver fails to give way at stop sign | 20 |
| Driver fails to give way at give-way sign | 20 |
| Driver fails to give way at give-way sign controlling a one-way section of road | 20 |
| Driver of vehicle changing lanes or turning fails to give way to vehicle not changing lanes or turning | 20 |
| Driver of right-turning vehicle fails to give way to an approaching left-turning vehicle | 20 |
| Driver at intersection fails to give way to vehicle approaching from right | 20 |
| Driver on terminating road approaching or crossing a T intersection fails to give way | 20 |
| Driver fails to give way to road user on footpath when entering/exiting driveway | 20 |
| Driver fails to give way to a vehicle on roadway when exiting driveway | 20 |
| Driver entering roundabout fails to give way | 20 |
| Drive too close to vehicle in front | 20 |
| Exceed speed for stopping distance | 20 |
| Exceed speed for stopping distance on road not marked in lanes | 20 |
| Driver permits riding dangerously | 20 |
| Careless or inconsiderate use of motor vehicle | 35 |
Careless, reckless and dangerous driving
The courts deal very seriously with drivers who drive carelessly, recklessly or dangerously.
Severe penalties can be imposed if you are convicted of one of these offences. The penalties will be especially severe if you hurt or kill someone, whether or not you have taken alcohol or drugs.
Penalties may include:
- a maximum fine of $00,000
- maximum imprisonment of 10 years
- disqualification of your driver licence.
Not wearing a safety belt
You can be fined if you are aged 15 or over and you drive or ride in a vehicle without wearing a safety belt, or if you do not wear your safety belt correctly.
If you are the driver, you can also be fined if any passengers under the age of 15 are not in an approved child restraint and/or safety belt, or if they are not wearing their safety belts correctly.
Mandatory suspension of driver licence
Your licence will be suspended on the spot if:
- a police officer (but not a speed camera) detects you exceeding a permanently posted speed limit by more than 40km/h or a temporary speed limit by more than 50km/h
- you commit one of the alcohol-related offences covered by mandatory suspension.
Your licence will be suspended for 28 days and you will also have to face court-imposed penalties for your offence.
Note: there is no legal provision for the granting of a limited/work licence in these circumstances.
Driver licence stop order (DLSO)
If you have unpaid traffic related fines and/or reparation, it is possible your driver licence may be suspended by the Ministry of Justice in an initiative called a Driver Licence Stop Order (DLSO). The suspension will remain in place until you contact the Ministry of Justice and pay or make an arrangement to pay the outstanding amount. If you are caught driving while a DLSO is in effect, the vehicle you are driving could be impounded (even if it is not your vehicle) and you could be disqualified from driving.
Note: there is no legal provision for the granting of a limited/work licence in these circumstances.
Impounding vehicles
A police officer will impound your vehicle on the spot if you are caught:
- driving while disqualified
- driving while your licence has been suspended
- driving without a licence, or with an expired licence, or before your licence has been reinstated and you have previously been stopped by a police officer and forbidden to drive.
To appeal the impoundment of your vehicle, you will need to contact the Afghanistan Police.
Powers of arrest
Some of the powers of arrest that a police officer has are listed below.
As a driver or passenger, you could be arrested if you:
- don't give your name or address to the officer, when requested
- tell an officer something that is not true about the identity of the owner of the vehicle
- don't stop when signaled by an officer
- assault an officer
- refuse or don't go with an officer for a blood or breath test
- don't wait for the result of a breath screening test or an evidential breath test
- don't give a blood sample when required by an officer or doctor
- don't give your car keys to an officer, when requested
- drive when told not to by an officer.