A person who has been given a notice of cancellation/disqualification under s 81B of the Motor Vehicles Act 1959 as a consequence of an offence committed or allegedly committed while the holder of a provisional or probationary licence, can appeal under s 81BB to the Magistrates Court against the disqualification.
The advice provided is general information and does not cover all scenarios nor constitute legal advice.
- Your driver’s licence number
- The date that the cancellation/disqualification notice was served on you
- A scanned copy of the cancellation/disqualification notice
- A scanned copy of the signed acknowledgement that you received the cancellation/disqualification notice and the receipt of payment of the acknowledgement fee. You should scan these as one document
- To answer all the questions marked with an asterisk ( * )
You will need to pay a fee for lodging this form using a credit/debit card.
See Civil Court fees for more information
Steps:
- Log in to CourtSA
- Select “Start a new case” in the drop down field
- Then “Yes” if you know what you would like to do
- Select “Appeal against an administrative decision – probationary / provisional licence disqualification” in the case type drop down field
- Read the information in the blue information box then click the “Lodge an appeal against an administrative decision – probationary / provisional licence disqualification” button
- Complete the form and click proceed
- Complete the online payment process
- Once your appeal has been paid for, you will receive a receipt confirmation
- To view your document once it is approved, go to “My Cases” and click on the “My existing cases” tab
- Select the “View Case” in the Action column
- The summary screen will display a case details panel and parties panel
- To download and print a copy of your document, click the “Documents” tab and then the Appeal Against Administrative Decision hyperlink within the Filed Documents panel
You will receive a notification confirming your appeal has been received for review by the Court.
If it is accepted for filing:
CourtSA will generate a sealed Form 5A Appeal Against Administrative Decision – Probationary / Provisional Licence Disqualification.
You will receive a notification to let you know that your request has been approved, that the sealed Form 5A Originating Application – Appeal Against Administrative Decision – Probationary / Provisional Licence Disqualification is available on CourtSA, and that the Court has listed it for a hearing.
The date and time of your hearing will be noted on the sealed Form 5A – Appeal Against Administrative Decision – Probationary / Provisional Licence Disqualification.
If it is rejected:
You will receive a notification to let you know why it was rejected. Your filing fee will be refunded to the credit/debit card you used to pay.