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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Motor Vehicles (Motor Bike Licensing) Amendment
Bill 2019
A BILL FOR
An Act to amend the
Motor
Vehicles Act 1959
.
Contents
Part 2—Amendment
of Motor Vehicles Act 1959
4Amendment of
section 5—Interpretation
5Amendment of
section 72—Classification of licences
6Amendment of section 72A—Qualified
supervising drivers
7Amendment of section 75—Issue and renewal
of licences
8Amendment of section 75A—Learner's
permit
9Amendment of section 79—Examination of
applicant for licence or learner's permit
81ACSpecial
provisions applying to certain motor bike licences
11Amendment of section 96—Duty to
produce licence or permit
12Amendment of 98AA—Duty to carry licence
when teaching holder of learner's permit to drive
13Amendment of Schedule 2—Prescribed
circumstances (section 75A(21), 81A(17), 81A(19)
and 81AC(7))
Part 3—Transitional
provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Motor Vehicles (Motor Bike Licensing)
Amendment Act 2019.
This Act will come into operation 12 months after assent.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Motor Vehicles
Act 1959
4—Amendment
of section 5—Interpretation
(1) Section 5(1)—after the definition of mandatory
alcohol interlock scheme conditions insert:
mobile phone does not include a CB radio or any other two-way
radio;
(2) Section 5(1)—after the definition of unconditional
licence insert:
use, in relation to a mobile phone, includes any of the
following actions by a driver:
(a) holding the body of the phone in the driver's hand (whether or not
engaged in a phone call);
(b) entering or placing, other than by the use of voice, anything into the
phone, or sending or looking at anything that is in the phone;
(c) turning the phone on or off;
(d) operating any other function of the phone;
5—Amendment
of section 72—Classification of licences
Section 72(10)—delete "Where" and substitute:
Subject to this Act, if
6—Amendment
of section 72A—Qualified supervising drivers
Section 72A(1)(a)—delete paragraph (a) and substitute:
(a) when the holder of the permit or licence drives a motor vehicle, or
attempts to put a motor vehicle in motion, on a road—
(i) the person—
(A) in the case of a vehicle that is a motor bike—accompanies the
holder of the permit or licence by driving a motor bike behind the holder of the
permit or licence; or
(B) in any other case—occupies a seat in the vehicle next to the
holder of the permit or licence; and
(ii) the person takes all reasonable steps to supervise and instruct the
holder of the licence or permit in the safe and efficient driving of the
vehicle; and
7—Amendment
of section 75—Issue and renewal of licences
(1) Section 75(1)(aa)—delete "is of or above the age of
17 years and"
(2) Section 75—after subsection (1) insert:
(1a) The Registrar must not issue a licence to, or renew the licence of, a
person unless—
(a) in the case of a licence authorising the holder of the licence to
drive a motor bike—
(i) the person is at least 18 years of age; and
(ii) in the case of a person who has not previously held a licence
authorising the driving of a motor bike—the person has held a learner's
permit authorising the driving of a motor bike for a continuous period of at
least 12 months; or
(b) in any other case—the person is at least 17 years of
age.
8—Amendment
of section 75A—Learner's permit
(1) Section 75A(1)—before the definition of prescribed
concentration of alcohol insert:
approved high visibility vest or jacket means a high
visibility vest or jacket of a kind approved by the Registrar for the purposes
of this section;
(2) Section 75A(1), definition of prescribed learner's permit
holder—delete the definition
(3) Section 75A(2)(a)(i)—delete subparagraph (i) and
substitute:
(i) is—
(A) in the case of an applicant for a learner's permit authorising the
driving of a motor bike—at least 17 years of age; or
(B) in any other case—at least 16 years of age; and
(4) Section 75A(10)(c) and (d)—delete paragraphs (c) and (d)
and substitute:
(c) a condition that the holder of the permit must not drive a motor
vehicle (other than a motor bike) on a road unless the holder of the permit is
accompanied by a person acting as a qualified supervising driver for the holder
of the permit;
(d) a condition that the holder of the permit must not, while driving a
motor bike on a road, carry any person on the motor bike (whether as a passenger
on the motor bike or in a sidecar attached to the motor bike);
(e) a condition that the holder of the permit must not, while driving a
motor bike on a road, tow any vehicle by use of the motor bike;
(f) a condition that the holder of the permit must not, while driving a
motor bike on a road, use a mobile phone (whether the motor bike is moving,
stationary or parked on a road);
(g) a condition that the holder of the permit must, while driving a motor
bike on a road, wear an approved high visibility vest or jacket that is visible
and is securely fitted and fastened;
(h) any other condition—
(a) limiting the kind of motor vehicle that may be driven pursuant to the
permit; or
(b) limiting the hours during which or the locality within which a motor
vehicle may be driven pursuant to the permit; or
(c) imposing any other restriction,
that the Registrar thinks necessary.
(5) Section 75A(11)—delete "subsection (10)(d) and
substitute:
subsection (10)(h)
(6) Section 75A(20)—delete subsection (20) and substitute:
(20) The holder of a learner's permit authorising the driving of a motor
bike must not drive a motor bike on a road between the hours of midnight and
5.00 am.
Maximum penalty: $1 250.
9—Amendment
of section 79—Examination of applicant for licence or learner's
permit
Section 79—delete subsection (3) and substitute:
(3) The Registrar must
not issue a learner's permit authorising the driving of a motor bike unless the
applicant has produced to the Registrar a certificate signed by a tester
certifying that the applicant has, in the manner required by the Registrar,
passed a motor bike hazard perception test conducted by the tester.
(4) In this section—
motor bike hazard perception test means a test approved by
the Registrar as a motor bike hazard perception test for the purposes of
subsection (3)
;
tester means—
(a) a police officer; or
(b) in relation to a theoretical examination prescribed by the regulations
for the purposes of subsection (1)(a)—a person appointed by the
Registrar as a tester for the purpose of conducting such an examination;
or
(c) in relation to a motor bike hazard perception test—a person
appointed by the Registrar as a tester for the purpose of conducting such a
test.
After section 81AB insert:
81AC—Special provisions applying to certain motor
bike licences
(1) In this section—
prescribed concentration of alcohol means any concentration
of alcohol in the blood;
prescribed motor bike licence means a licence that authorises
the driving of a motor bike that—
(a) has an engine capacity not exceeding 660 millilitres and a power
to weight ratio not exceeding 150 kilowatts per tonne; and
(b) is of a kind approved from time to time by the Registrar by notice in
the Gazette.
(2) A prescribed motor
bike licence is subject to the following conditions:
(a) a condition that
the holder of the licence must not drive a motor bike, or attempt to put a motor
bike in motion, on a road while the prescribed concentration of alcohol is
present in the holder's blood, or a prescribed drug is present in the holder's
oral fluid or blood;
(b) a condition that the holder of the licence must not, while driving the
motor bike on a road, carry any person on the motor bike (whether as a passenger
on the motor bike or in a sidecar attached to the motor bike);
(c) a condition that the holder of the licence must not, while driving a
motor bike on a road, tow any vehicle by use of the motor bike;
(d) a condition that the holder of the licence must not, while driving a
motor bike on a road, use a mobile phone (whether the motor bike is moving,
stationary or parked on a road).
(3) The holder of a
prescribed motor bike licence must not contravene a condition of the
licence.
Maximum penalty: $1 250.
(4) A licence must not be endorsed with a classification required under
this Act to authorise the holder of the licence to drive a motor bike with an
engine capacity exceeding 660 millilitres or a power to weight ratio
exceeding 150 kilowatts per tonne unless the holder of the licence has
held a prescribed motor bike licence for a period of at least
3 years.
Maximum penalty: $1 250.
(5) Sections 47C, 47D, 47E, 47EAA, 47GA, 47GB and 47K and
Schedule 1 of the
Road
Traffic Act 1961
apply in relation to an offence against
subsection (3)
of contravening the condition referred to in
subsection (2)(a)
as if—
(a) a reference in any of those sections to an offence against that Act
was a reference to an offence against
subsection (3)
; and
(b) a reference in any of those sections to the prescribed concentration
of alcohol as defined in section 47A of that Act was a reference to the
prescribed concentration of alcohol as defined in this section.
(6) The holder of a
prescribed motor bike licence must not drive a motor bike on a road between the
hours of midnight and 5.00 am if the holder of the licence is under the age
of 25 years.
Maximum penalty: $1 250.
(7) It is a defence to a charge of an offence against
subsection (6)
if the defendant establishes that the defendant was driving the motor bike
in the circumstances prescribed—
(a) in Schedule 2; or
(b) by the regulations; or
(c) by notice in the Gazette under
subsection (8)
.
(8) The Registrar may,
by notice in the Gazette, prescribe circumstances that will constitute a defence
for the purposes of
subsection (6)
and may, by further notice in the Gazette, vary or revoke such a
notice.
(9) A notice prescribing circumstances that will constitute a defence for
the purposes of
subsection (6)
has effect for the period specified in the notice (which must be not
longer than 6 months).
(10) This section applies in relation to a prescribed motor bike licence
whether or not the licence is a provisional licence.
11—Amendment
of section 96—Duty to produce licence or permit
Section 96(4), definition of driver, (b)—delete
the definition and substitute:
driver includes a person who is acting as a qualified
supervising driver for the holder of a learner's permit and is accompanying the
holder of the permit (whether in a motor vehicle seated next to the holder or on
a motor bike being driven by the person);
12—Amendment
of 98AA—Duty to carry licence when teaching holder of learner's permit to
drive
Section 98AA(b)—delete paragraph (b) and substitute:
(b) when driving a motor bike accompanying the holder of a learner's
permit who is driving a motor bike.
13—Amendment
of Schedule 2—Prescribed circumstances (section 75A(21),
81A(17), 81A(19) and 81AC(7))
(1) Schedule 2, clause 2—delete "and 81A(19)" and
substitute:
, 81A(19) and 81AC(7)
(2) Schedule 2, clause 3—delete "and 81A(17)" and
substitute:
, 81A(17) and 81AC(7)
(3) Schedule 2, clause 4—delete "and 81A(17)" and
substitute:
, 81A(17) and 81AC(7)
(4) Schedule 2, clause 5—delete "and 81A(17)" and
substitute:
, 81A(17) and 81AC(7)
Part 3—Transitional
provisions
The amendments made to the
Motor
Vehicles Act 1959
by
Part 2
of this Act do not apply in relation to a learner's permit or licence
issued or renewed before the commencement of that Part.