[last amended 6 August 2004]
Provisional licences are issued to a learner driver upon compliance with the learner’s scheme and probationary licences can be acquired by drivers in various ways after transgressing whilst having their full licence. The consequences of committing an offence which renders one liable to disqualification is different according to whether you were, at the relevant time, the holder of a learner’s or other permit, a provisional licence or a probationary licence and whether you were under 19 or over 19 years of age.
Where the Registrar has cancelled a licence or permit pursuant to sn 81B(2), the person disqualified may appeal to a Local Court against that disqualification (sn 81B(6)).
In order to allow the appeal the Court must be satisfied by evidence on oath that the disqualification would result in undue hardship to the defendant. (sn 81B(8))
In the case of a learner's permit, as there are no prescribed conditions to extend, the order is to remove the disqualification.
Section 81B(9) sets out the procedure when an order is made:-
81B(9) If the Magistrates Court allows an appeal against a disqualification under this section, the Court must
(a) order that the disqualification be removed (in which case any licence held by the appellant at the time the disqualification took effect is to be taken to be in force again); and
(b)—
(i) if the appellant holds a provisional licence or probationary licence—order that the period for which the prescribed conditions to which the licence is subject are effective be extended for a period of 12 months (except where the appellant is under the age of 20 years in which case the extension is for a period of six months); or
(ii) if the appellant holds a licence not subject to prescribed conditions but held a provisional licence at the time when the offence that led to the notice of the disqualification was committed or allegedly committed—order that the licence be subject to the relevant prescribed conditions for a period of 12 months commencing on the date of the order (except where the appellant was under the age of 20 years when the offence was committed or allegedly committed in which case the licence will be subject to the relevant prescribed conditions for six months);
(iii) if the appellant holds a licence not subject to prescribed conditions but held a probationary licence at the time when the offence that led to the notice of the disqualification was committed or allegedly committed—order that the licence be subject to the relevant prescribed conditions for a period of 12 months commencing on the date of the order;
(iv) if the appellant does not hold a licence but held a provisional licence at the time when the offence that led to the notice of the disqualification was committed or allegedly committed—order that any licence issued to the appellant be subject to the relevant prescribed conditions for a period of 12 months commencing on the issue of the licence (except where the appellant was under the age of 20 years when the offence was committed or allegedly committed in which case the licence will be subject to the relevant prescribed conditions for a period of six months);
(v) if the appellant does not hold a licence but held a probationary licence at the time when the offence that led to the notice of disqualification was committed or allegedly committed—order that any licence issued to the appellant be subject to the relevant prescribed conditions for a period of 12 months commencing on the issue of the licence.
2 Demerit points
2.1 Reduction for particular offence - sn 98b(4)
Section 98b(4) provides:-
If a court by which a person is convicted of an offence is satisfied by evidence given on oath forthwith on conviction that the offence is trifling, or that any other proper cause exists, it may order that a reduced number of demerit points, or no demerit points, are incurred by the person in respect of that offence.
There are a number of matters that need to be remembered in such a case:-
2.1.1 The application must be made to the Court which convicts the defendant. The Court means the Court as constituted by a particular Magistrate or Justices of the Peace.
2.1.2 The application must be made forthwith upon conviction.
2.1.3 It must be supported by evidence on oath. It cannot be made by submissions from counsel.
2.1.4 The Court must be satisfied either that the offence is trifling or that other just cause exists. Other proper cause refers to a cause associated with the offence, not the offender. The fact that a convicted person would suffer hardship from the recording of demerit points is not a proper cause (Kramer v Morris (1975) 11 SASR 305) nor is the fact that the demerit points recorded will cause the defendant's total points to exceed 12 and therefore render him liable to disqualification (Shillabeer v Linnane (1979) 22 SASR 382 and Hepworth v Rowbottom (1979) 22 SASR 394).
2.1.5 The Court may either order that no points be recorded or that a reduced number be recorded. It must be an order as the only power that the Registrar has to record less than the full number of demerit points is upon an order of the Court.
2.1.6 If an application is granted the file should be endorsed along the following lines:
Application to reduce points made. Evidence taken. ORDER that the number of demerit points recorded for this offence be reduced to ....(or that no demerit points be recorded for this offence).
3 Restoration of licence pending appeal - sn 139A
3.1 Where an appeal is instituted against an order of the Court to disqualify a driver's licence, that disqualification may be suspended pending the hearing and determination of the appeal.
3.2 Where the disqualification was imposed by a Court of summary Jurisdiction, the order may be made by the Court (ie the Magistrate or the same 2 Justices of the Peace) which made the order appealed from, OR a Judge of the Supreme Court.
3.3 Where the disqualification was imposed by the Supreme Court, the order may be made by any Judge of that Court.
3.4 An order of suspension may be made before or after the institution of the appeal, but does not have any effect until the defendant:-
3.4.1 has duly instituted the appeal and paid the appropriate fees; and
3.4.2 has served on the Registrar the order of suspension or a copy thereof and a notice that the appeal has been duly instituted and the fees paid.
4 Evidence
4.1 As to evidence by certificate of the Registrar see sn 141
4.2 As to aids to proof see sn 142.
5 Accessories - sn 143
A person who causes or permits another to commit an offence is guilty of an offence and liable to the penalty prescribed for the offence he permits.
6 Offences by corporations - sn 143a
Where a person convicted of an offence against the Act is a corporation, every member of the governing body of the corporation shall be guilty of an offence and liable to the same penalty as is prescribed for the principal offence, unless he proves that he could not, by the exercise of reasonable diligence have prevented the commission of the offence by the corporation.
7 Proceedings
7.1 to be disposed of summarily - sn 144
7.2 to be brought within 1 year - sn 144a
8 Offences
NOTE: A number of offences under this Act may be the subject of expiation notices.
|
SECTION |
OFFENCE |
PENALTY |
|
| 7(7) | Delegate of Registrar abusing powers | $10,000 or 2 yrs imp | |
|
9(1) |
Unregistered motor vehicle |
The greater of 2x annual registration or $750 |
|
| 9(3) | Owner of unregistered vehicle found standing on a road | The greater of 2x annual registration or $750 | |
| 12(2c) | Drive prescribed agricultural vehicle without registration and insurance and not provide evidence of public liability insurance | $250 | |
| 12B(3) | Drive exempt vehicle without registration and insurance and not provide evidence of public liability insurance | $250 | |
|
16(9) |
Drive with permit incorrectly fitted |
$125 |
|
|
16(11) |
Breach permit |
$250 |
|
|
23A |
Sell new vehicle without lodging report with Registrar |
$750 |
|
|
41(2) |
Use vehicle contrary to undertaking re reduced registration fees |
$750 |
|
|
41(2a) |
Contravene condition of registration |
$750 |
|
|
43A(3) |
Permit heavy vehicle to drive unregistered |
$750 |
|
|
43A(7) |
Fail to carry or produce heavy vehicle certificate |
$125 |
|
|
44(4) |
Fail to notify changes in vehicle and tyres |
$750 |
|
| 44(4a) | fail to provide evidence | $750 | |
|
47(1) |
Drive vehicle without number plates |
$250 |
|
| 47(1a) | Owner of vehicle allowed to stand on road without number plates | $250 | |
|
47A(7) |
Drive with inappropriate class of number plate |
$250 |
|
|
47B(2) |
Sell number plates without approval |
$250 |
|
|
47C(3) |
Fail to comply with direction under 47C(2) |
$250 |
|
|
47C(5) |
Hinder person exercising powers under 47C(4) |
$250 |
|
| 47D(1) | Drive or allow vehicle to stand with incorrect or mutilated plates | $250 | |
| 47D(2) | Owner and operator commit offence in 47D(1) | $250 | |
|
48(1b) |
Fail to destroy label when directed |
$125 |
|
|
48(3) |
Drive vehicle without label |
|
|
|
|
First offence |
$125 |
|
|
|
Subsequent offence |
$250 |
|
| 48(3a) | Owner and operator commit offence against 48(3) | $250 | |
|
52(3) |
Fail to comply with direction under 52(2) |
$250 |
|
|
52(5) |
Hinder person exercising powers under 52(4) |
$250 |
|
|
53(1) |
Use expired disc etc |
$250 |
|
| 53(1a) | Owner and operator both commit offence against 53(1) | $250 | |
|
56 |
Transferor fail to notify transfer |
$250 |
|
|
57(1) |
Transferee fail to sign transfer |
$250 |
|
|
57(2) |
Transferee fail to notify transfer |
$250 |
|
|
66(2) |
Unlawful use of traders plates |
$1,250 |
|
|
70(2) |
Fail to surrender traders plates |
$250 |
|
|
71(1) |
Fail to apply for transfer of traders plates |
$250 |
|
| 71B(2) | Fail to return plates or certificate when original found | $250 | |
| 71H(4) | Drive vehicle without speed limiting device (driver and owner liable) | $2,500 | |
|
74(1) |
Drive without licence or permit - person previously authorised |
$1,250 |
|
| 74(2) | Drive without licence - person never authorised | ||
| - first offence | $2,500 | ||
| - subsequent offence | $5,000 or 1 yr imp | ||
| lic disq min 3 yrs | |||
|
75A(5) |
Contravene condition of learners permit |
$1,250 |
|
|
75A(5aaa) |
Holder of learner's permit drive without 'L' plates |
$125 |
|
|
75A(5aa) |
Holder of learner's permit exceed 80 kph |
$1,250 |
|
|
75(7) |
Qualified passenger for learner have PCA |
$1,250 |
|
|
80(5) |
Contravene condition of temporary permit |
$250 |
|
|
81(4) |
Contravene condition on licence |
$250 |
|
|
81A(5) |
Contravene probationary condition |
$1,250 |
|
|
81A(5a) |
Drive without 'P' plates |
$125 |
|
|
81A(5b) |
Probationary licence holder exceed 100 kph |
$1,250 |
|
| 81AB(5) | Breach conditions of P licence | $1,250 | |
|
81B(3a) |
fail to comply with requirement to attend lecture etc |
$125 |
|
|
91(5) |
Drive disqualified (increased from 21.10.93) |
|
|
|
|
First offence |
6 mths impt |
|
|
|
Subsequent offence |
2 yrs impt |
|
|
96(1) |
Fail to produce licence to police |
$250 |
|
|
96(3) |
Falsely pretend to police to be person in licence |
$250 |
|
|
97(1) |
Fail to bring licence to Court |
$250 |
|
|
97A(3) |
Interstate driver fail to produce licence forthwith |
$250 |
|
|
98AAA(1) |
Driver of heavy vehicle fail to carry licence |
$750 |
|
|
98AA |
Instructor fail to display licence |
$750 |
|
|
98AAB |
Holder of learner’s permit, probationary or provisional licence fail to carry permit or licence |
$250 |
|
|
98A(1) |
Unlicensed instructor |
$250 |
|
|
98D(1) |
Operate tow truck without certificate |
$1,250 |
|
|
98H(3) |
Tow truck operator breach conditions of certificate |
$750 |
|
|
98K(5) |
Holder of temporary tow truck certificate breach conditions of certificate |
$750 |
|
|
98L(3) |
Fail to comply with notice under 98L(2) |
$750 |
|
|
98MA(2) |
Fail to comply with notice under 98MA(1) |
$750 |
|
|
98MC(1) |
Operator permit unauthorized operator |
$750 |
|
|
98MC(2) |
Fail to notify employee ceasing |
$750 |
|
|
98MD(1) |
Unauthorized tow truck driver present at accident |
$10,000 |
|
|
98MD(4) |
Fail to comply with directions |
$1,250 |
|
|
98ME(1) |
Unauthorized towing from accident scene |
$10,000 |
|
|
98ME(3) |
Fail to remove vehicle to authorized address |
$1,250 |
|
|
98ME(4) |
Prevent a duly authorized person removing vehicle |
$1,250 |
|
|
98ME(5) |
Solicit authorization to tow |
$1,250 |
|
|
98ME(7) |
Alter particulars in authority to tow |
$1,250 |
|
|
98ME(9) |
Solicit variation of authority |
$1,250 |
|
|
98ME(12) |
Tow truck operator fail to comply with directions |
$1,250 |
|
|
98ME(13) |
Driver fail to complete and lodge documents |
$1,250 |
|
|
98ME(14) |
Operator fail to complete and lodge documents |
$1,250 |
|
|
98MF(1) |
Store towed vehicle other than on operator’s premises |
$1,250 |
|
|
98MG(1) |
Unauthorized movement of vehicle |
$1,250 |
|
|
98MH(1) |
Solicit repair work |
$1,250 |
|
|
98MI(1) |
Fail to deliver vehicle |
$2,500 |
|
|
98MJ(1) |
Accident spotting |
$2,500 |
|
|
98MK(1) |
Offer reward for obtaining repair work |
$10,000 |
|
|
98ML(1) |
Fail to carry certificate |
$750 |
|
|
98ML(2) |
Fail to produce certificate |
$750 |
|
|
98N |
Use traders plates on tow truck |
$750 |
|
|
98O(1) |
Unauthorized person ride on tow truck |
$750 |
|
|
98O(2) |
Unauthorized person ride on tow truck towing damaged vehicle |
$750 |
|
|
98O(3) |
Unauthorised riding on tow truck |
$750 |
|
|
98P(4) |
Assault, hinder etc inspector |
$20,000 |
|
|
98P(4a) |
Use abusive etc language to inspector |
$750 |
|
|
98P(8) |
Inspector fail to produce identification |
$750 |
|
|
98P(9) |
Falsely pretend to be inspector |
$750 |
|
|
98PA(2) |
Fail to comply with request to produce information under 98PA(1) |
$2,500 |
|
|
98U |
Misuse of permit |
$750 |
|
|
98V(3) |
Fail to deliver disabled persons permit |
$250 |
|
|
99A(7) |
Fail to notify insurer |
$250 |
|
|
102(1) |
Uninsured motor vehicle |
|
|
| - trailer - not a heavy vehicle | $250 | ||
| - any other case | $2,500 &lic up to 12 months | ||
|
102(2) |
owner of uninsured vehicle found standing on a road |
$2,500 |
|
|
|
NOTE: Three months minimum removed 13.12.89 but a period of disqualification is mandatory - See Lieschke v Police S4501 (6/4/94) |
|
|
|
103(1) |
Fail to produce evidence of insurance |
$250 |
|
|
110(8) |
Fail to advise injured party of name of insurer |
$125 |
|
|
124(2) |
Fail to report accident to insurer |
$1,250 or 3 mths imprisonment |
|
|
124(3a) |
Fail to cooperate with insurer |
$250 |
|
|
124(4) |
Fail to provide information to insurer |
||