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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Motor Vehicles (Miscellaneous No 2) Amendment
Bill 2009
A BILL FOR
An Act to amend the Motor Vehicles Act 1959; and to make a
related amendment to the Road Traffic Act 1961.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Motor Vehicles
Act 1959
4 Amendment of section
5—Interpretation
5 Amendment of section 53—Offences in connection
with registration labels and permits
6 Amendment of section 74—Duty to
hold licence or learner's permit
7 Amendment of section 75AAA—Term of
licence and surrender
8 Amendment of section 75AA—Only 1 licence to be
held at any time
9 Substitution of section
75A
75A Learner's permit
10 Amendment of section
79—Examination of applicant for licence or learner's
permit
11 Amendment of section 79A—Driving
experience
12 Substitution of section 81A
81A Provisional
licences
13 Amendment of section 81AB—Probationary
licences
14 Substitution of section 81B
81B Consequences of
holder of learner's permit, provisional licence or probationary licence
contravening conditions etc
81BA Safer Driver
Agreements
81BB Appeals to Magistrates
Court
15 Redesignation of section 81BA—Consequences of holder of
unconditional licence incurring demerit points in respect of offences committed
while holder of provisional licence
16 Amendment of section 91—Effect
of suspension and disqualification
17 Amendment of section 97A—Visiting
motorists
18 Repeal of section 98
19 Amendment of section
98AAE—Licence or learner's permit unlawfully altered or damaged is
void
20 Amendment of section 98BC—Liability to
disqualification
21 Amendment of section 98BD—Notices to be sent by
Registrar
22 Amendment of section 98BE—Disqualification and discounting
of demerit points
23 Insertion of section 98BF
98BF Effect
of appeal or rehearing on disqualification and
discounting
24 Amendment of section 98BI—Notification of demerit
points to interstate licensing authorities
25 Amendment of section
135—False statements
26 Amendment of section
139D—Confidentiality
27 Amendment of section 141—Evidence by
certificate etc
28 Repeal of section 144
Schedule 1—Related amendments and transitional
provisions
Part 1—Related amendment to Road Traffic
Act 1961
1 Amendment of section 47EA—Exercise of random
testing powers
Part 2—Transitional
provisions
2 Interpretation
3 Learner's permits in force
immediately before commencement
4 Requirement to display L
plate
5 Provisional licences in force immediately before
commencement
6 Requirement to display P plate
7 High powered vehicle
restrictions inapplicable to some provisional licences issued after
commencement
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Motor Vehicles (Miscellaneous No 2)
Amendment Act 2009.
This Act will come into operation on a day to be fixed by
proclamation.
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 heavy vehicle
insert:
high powered vehicle means a motor vehicle belonging to a
class of vehicles specified by the Registrar by notice in the Gazette as a class
of high powered vehicles for the purposes of this Act;
(2) Section 5(1), definition of interstate
licence—delete the definition and substitute:
interstate learner's permit means a licence or permit issued
under the law of another State or Territory of the Commonwealth that corresponds
to a learner's permit issued under this Act;
interstate licence means a licence or permit issued under the
law of another State or Territory of the Commonwealth that corresponds to a
driver's licence issued under this Act;
(3) Section 5(1), definition of learner's permit
conditions—delete the definition and substitute:
learner's permit conditions means the conditions referred to
in section 75A(10);
(4) Section 5(1), definition of P1 licence—delete
"provisional licence conditions referred to in section 81A(1)" and
substitute:
P1 licence conditions
(5) Section 5(1)—after the definition of P1 licence
insert:
P1 licence conditions means the conditions referred to in
section 81A(3);
(6) Section 5(1), definition of P2 licence—delete
"provisional licence conditions referred to in section 81A(3a)" and
substitute:
P2 licence conditions
(7) Section 5(1)—after the definition of P2 licence
insert:
P2 licence conditions means the conditions referred to in
section 81A(6);
(8) Section 5(1), definition of provisional licence
conditions—delete the definition and substitute:
provisional licence conditions means P1 licence conditions or
P2 licence conditions;
5—Amendment of
section 53—Offences in connection with registration labels and
permits
Section 53—after subsection (1a) insert:
(1aa) It is a defence to—
(a) a charge under subsection (1)(a); or
(b) a charge under subsection (1a) that relates to a contravention of
subsection (1)(a),
if the defendant proves that the motor vehicle was driven, or caused to
stand, on a road under circumstances under which the regulations provide that a
motor vehicle on which is affixed a registration label or in which is carried a
permit that has ceased to be in force may be driven, or caused to stand, on a
road.
6—Amendment of
section 74—Duty to hold licence or learner's permit
(1) Section 74(2a)(b) and (c)—delete "the person" wherever
occurring
(2) Section 74(4)—delete "section 75A(3) to (5e)" and
substitute:
section 75A(10) to (19)
(3) Section 74(5)—delete subsection (5) and substitute:
(5) Where a court convicts a person of an offence against this section for
which the maximum penalty is $5 000 or imprisonment for 1 year, the
following provisions apply:
(a) the court must order that the person be disqualified from holding or
obtaining a driver's licence or learner's permit for such period, being not less
than 3 years, as the court thinks fit;
(b) the disqualification prescribed by paragraph (a) cannot be
reduced or mitigated in any way or be substituted by any other penalty or
sentence;
(c) if the person is the holder of a driver's licence or learner's
permit—the disqualification operates to cancel the licence or permit as
from the commencement of the period of disqualification.
7—Amendment of
section 75AAA—Term of licence and surrender
Section 75AAA(11)—delete subsection (11) and substitute:
(11) On surrender of a licence—
(a) the Registrar must cancel the licence; and
(b) the person surrendering the licence is, subject to the regulations,
entitled to a refund of a proportion of the licence fee determined in accordance
with the regulations.
8—Amendment of
section 75AA—Only 1 licence to be held at any time
(1) Section 75AA—before subsection (1) insert:
(a1) The Registrar must not issue a licence to a person who already holds
a licence under this Act unless the person surrenders the licence to the
Registrar.
(2) Section 75AA(1)—delete "interstate licence" first and second
occurring and substitute in each case:
interstate learner's permit, interstate licence
(3) Section 75AA(1)(b)—delete paragraph (b) and
substitute:
(b) in the case of a person who holds an interstate learner's permit or
interstate licence—provides the Registrar with a letter addressed to the
authority that issued the permit or licence requesting the authority to cancel
the permit or licence.
(4) Section 75AA(2) and (3)—delete "interstate licence" wherever
occurring and substitute in each case:
interstate learner's permit, interstate licence
(5) Section 75AA(4)—delete "interstate licences" first occurring and
substitute:
interstate learner's permits or interstate licences
(6) Section 75AA(4)(b)—delete paragraph (b) and
substitute:
(b) to surrender the interstate learner's permits or interstate licences
to the Registrar and provide the Registrar with letters addressed to the
authorities that issued the permits or licences requesting those authorities to
cancel the permits or licences.
(7) Section 75AA(5)—delete "interstate licences" and
substitute:
interstate learner's permits or interstate licences
Section 75A—delete the section and substitute:
75A—Learner's permit
(1) In this section—
prescribed concentration of alcohol means any concentration
of alcohol in the blood;
service brake means the brake normally used to decelerate a
vehicle.
(2) Subject to this Act, the Registrar must issue a learner's permit to an
applicant if—
(a) the applicant—
(i) is at least 16 years of age; and
(ii) is resident in the State; and
(iii) has passed the theoretical examination prescribed for the purposes
of section 79; and
(iv) has complied with any requirements of the Registrar under section
77B; and
(v) has complied with any other requirements prescribed by regulation in
relation to the class of motor vehicle in respect of which the permit is sought;
and
(b) the application—
(i) is made in a manner and form determined by the Minister; and
(ii) is accompanied by the prescribed fee.
(3) A learner's permit issued to an applicant in respect of a class of
motor vehicle remains in force until the expiration of the period specified in
the permit or until a licence is issued to the applicant in respect of the same
class of vehicle (whichever occurs first).
(4) Subject to this Act, the Registrar may renew a learner's permit
if—
(a) the applicant has complied with any requirements of the Registrar
under section 77B and any other requirements prescribed by regulation in
relation to the class of motor vehicle in relation to which the permit applies;
and
(b) the application—
(i) is made in a manner and form determined by the Minister; and
(ii) is accompanied by the prescribed fee.
(5) Subject to subsection (6), an application for renewal of a
learner's permit must be made before the expiry of that permit.
(6) The Registrar may renew a learner's permit despite its expiry provided
that application for renewal is made within 12 months of the
expiry.
(7) Despite the renewal of a learner's permit after its expiry, the holder
of the permit is not, for the purposes of this Act, to be taken to have been the
holder of the permit during the period between the expiry of the permit and the
date of its renewal.
(8) If an application for the issue or renewal of a learner's permit is
not entirely in order or the prescribed fee has not been paid, the Registrar may
refuse the application and return any fee paid in respect of the
application.
(9) A learner's permit—
(a) will be in a form determined by the Minister; and
(b) authorises the holder of the permit to drive a motor vehicle of a
class specified in the permit on roads—
(i) during the period for which the permit remains in force; and
(ii) subject to learner's permit conditions; and
(c) while the learner's permit conditions are complied with, has effect as
a licence.
(10) A learner's permit is subject to the following conditions:
(a) a condition that the holder of the permit must not drive a motor
vehicle, or attempt to put a motor vehicle in motion, on a road while the
prescribed concentration of alcohol is present in his or her blood, or a
prescribed drug is present in his or her oral fluid or blood;
(b) a condition that the holder of the permit must not drive a motor
vehicle at a speed exceeding by 10 kilometres an hour or more a speed limit
that applies under the Road Traffic Act 1961 or this Act;
(c) a condition that the holder of the permit must not drive a motor
vehicle on a road—
(i) if the motor vehicle is not a motor bike—unless the holder of
the permit is accompanied by a person acting as a qualified supervising driver
for the holder of the permit; or
(ii) if—
(A) the motor vehicle is a motor bike; and
(B) the holder of the permit is also the holder of a P1 licence that is
subject to a condition referred to in section 81A(3)(c); and
(C) the motor bike is being driven between the hours of midnight and
5.00 am—
unless the holder of the permit carries a person acting as a qualified
supervising driver for the holder of the permit as a passenger on the motor bike
or in a sidecar attached to the motor bike; or
(iii) if the motor vehicle is a motor bike and subparagraph (ii) does
not apply—unless any person who is carried by the holder of the permit as
a passenger on the motor bike or in a sidecar attached to the motor bike is
acting as a qualified supervising driver for the holder of the permit;
(d) any other condition—
(i) limiting the kind of vehicle that may be driven pursuant to the
permit; or
(ii) limiting the hours during which or the locality within which a
vehicle may be driven pursuant to the permit; or
(iii) imposing any other restriction,
that the Registrar thinks necessary.
(11) A condition imposed on a learner's permit by the Registrar under
subsection (10)(d) must be endorsed on the permit.
(12) The condition referred to in subsection (10)(c) does not apply
while the holder of a learner's permit is driving a motor vehicle during the
course of a practical driving test conducted under this Act.
(13) If an applicant is not willing to accept a learner's permit subject
to learner's permit conditions, the Registrar must refuse to issue a permit to,
or renew the permit of, the applicant.
(14) The holder of a learner's permit must not contravene a condition of
the permit.
Maximum penalty: $1 250.
(15) The holder of a learner's permit must not—
(a) drive a motor bike on a road unless a plate bearing the letter "L" is
affixed to the bike in accordance with the regulations; or
(b) drive any other motor vehicle on a road unless 2 plates bearing
the letter "L" are affixed to the vehicle in accordance with the
regulations.
Maximum penalty: $1 250.
(16) The holder of a learner's permit must not drive a motor vehicle on a
road in any part of the State at a speed exceeding that set out below:
(a) in circumstances where—
(i) the vehicle is fitted with a braking system that allows the
application of the service brake from the seat in the vehicle next to the
driver; and
(ii) the vehicle is, apart from having affixed to it 1 or more plates
bearing the letter "L", otherwise readily identifiable as a vehicle used for
driver instruction; and
(iii) the holder of a motor driving instructor's licence occupies a seat
in the vehicle next to the holder of the learner's permit,
100 kilometres an hour;
(b) in any other circumstances—80 kilometres an hour.
Maximum penalty: $1 250.
(17) Subsections (14), (15) and (16) do not apply to the holder of a
learner's permit while he or she is driving a class of motor vehicle that he or
she is authorised to drive under a licence.
(18) 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 (14) of contravening the condition referred to in
subsection (10)(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 (14); 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.
(19) Section 175 of the Road Traffic Act 1961, applies in
relation to—
(a) an offence against subsection (14) of contravening the condition
referred in subsection (10)(b); or
(b) an offence against subsection (16),
as if a reference in that section to an offence against that Act was a
reference to an offence against subsection (14) or (16).
10—Amendment of
section 79—Examination of applicant for licence or learner's
permit
(1) Section 79(1)(b)—delete paragraph (b) and substitute:
(b) the applicant satisfies the Registrar, by such evidence as the
Registrar may require, that—
(i) at some time during the period of 12 months immediately preceding the
date of the application the applicant held an interstate learner's permit;
or
(ii) at some time during the period of 5 years immediately preceding the
date of the application the applicant held an interstate licence; or
(iii) at some time during the period of 5 years immediately preceding the
date of the application the applicant held a foreign licence of a type approved
by the Registrar by notice in the Gazette.
(2) Section 79(1a)—delete subsection (1a) and substitute:
(1a) If—
(a) an applicant for a licence or learner's permit has been disqualified
from holding or obtaining a licence or learner's permit in this State, or in
another State or Territory of the Commonwealth, as a consequence of an offence
committed or allegedly committed (whether in this State or
elsewhere)—
(i) while the person held a learner's permit or interstate learner's
permit (provided the person did not also hold a licence or interstate licence in
respect of another class of motor vehicle); or
(ii) after the expiry of such a permit but before obtaining any licence or
interstate licence; and
(b) the applicant has not held a learner's permit, licence, interstate
learner's permit or interstate licence since the end of the period of
disqualification,
the Registrar must not issue a licence or learner's permit to the applicant
unless the applicant produces to the Registrar a certificate signed by an
examiner certifying that the applicant has, since the end of the period of
disqualification, passed the prescribed theoretical examination conducted by
that examiner in the prescribed manner.
11—Amendment
of section 79A—Driving experience
(1) Section 79A(1)(a)(i)—delete subparagraph (i) and
substitute:
(i) has held a learner's permit—
(A) in a case where the applicant is under the age
of 25—
• if the applicant has been disqualified from holding or obtaining a
licence or learner's permit in this State, or in another State or Territory of
the Commonwealth, as a consequence of an offence committed or allegedly
committed (whether in this State or elsewhere) while he or she held a learner's
permit or interstate learner's permit (provided he or she did not also hold a
licence or interstate licence in respect of another class of motor vehicle) or
after the expiry of such a permit but before obtaining any licence or interstate
licence, and the applicant has not held a licence or interstate licence since
the end of the period of disqualification—for a period of at least
15 months or for periods totalling at least 15 months; or
• in any other case—for a continuous period of at least
12 months; or
(B) in a case where the applicant is aged 25 or over—
• if the applicant has been disqualified from holding or obtaining a
licence or learner's permit in this State, or in another State or Territory of
the Commonwealth, as a consequence of an offence committed or allegedly
committed (whether in this State or elsewhere) while he or she held a learner's
permit or interstate learner's permit (provided he or she did not also hold a
licence or interstate licence in respect of another class of motor vehicle) or
after the expiry of such a permit but before obtaining any licence or interstate
licence, and the applicant has not held a licence or interstate licence since
the end of the period of disqualification—for a period of at least
9 months or for periods totalling at least 9 months; or
• in any other case—for a continuous period of at least
6 months;
(2) Section 79A(1)(b)(i)(A)—delete subsubparagraph (A) and
substitute:
(A) an interstate licence; or
(3) Section 79A(1)(b)(ii)(A)—delete "or under the law of a" and
substitute:
, an interstate learner's permit, an interstate licence or a licence issued
under the law of some other
(4) Section 79A(3)(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) an applicant for a licence has been disqualified from holding or
obtaining a licence or learner's permit in this State, or in another State or
Territory of the Commonwealth, as a consequence of an offence committed or
allegedly committed (whether in this State or elsewhere)—
(i) while the person held a learner's permit or interstate learner's
permit (provided the person did not also hold a licence or interstate licence in
respect of another class of motor vehicle); or
(ii) after the expiry of such a permit but before obtaining any licence or
interstate licence; and
(b) the applicant has held a licence or interstate licence at some time
during the period of 5 years immediately preceding the date of the application
but has not held a licence or interstate licence since the end of the period of
disqualification,
(5) Section 79A(4)(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) an applicant for a licence has been disqualified from holding or
obtaining a licence or learner's permit in this State, or in another State or
Territory of the Commonwealth, as a consequence of an offence committed or
allegedly committed (whether in this State or elsewhere)—
(i) while the person held a P1 licence or an interstate provisional
licence; or
(ii) after the expiry of such a licence but before obtaining a
non-provisional licence or interstate non-provisional licence; and
(b) the applicant has not held a licence or interstate licence since the
end of the period of disqualification,
12—Substitution
of section 81A
Section 81A—delete the section and substitute:
81A—Provisional licences
(1) In this section—
driver awareness course means a course that is approved by
the Registrar as a driver awareness course for the purposes of this
Act;
examiner means—
(a) a police officer; or
(b) a person appointed by the Registrar as an examiner for the purposes of
conducting a hazard perception test;
hazard perception test means a test approved by the Registrar
as a hazard perception test for the purposes of this Act;
P2 qualifying period, in relation to a person who holds a P2
licence, means the period or total period for which the person held a relevant
licence before the date of the application for the P2 licence (excluding, if the
person had been disqualified from holding or obtaining a licence in this State
or in another State or Territory of the Commonwealth, any period preceding the
period of disqualification);
prescribed concentration of alcohol means any concentration
of alcohol in the blood;
prescribed period, in relation to a P2 licence held by a
person, means—
(a) a period equal to 2 years less the person's P2 qualifying period;
or
(b) a period of 6 months,
whichever is the greater;
red light offence has the same meaning as in section 79B
of the Road Traffic Act 1961;
relevant licence means a P1 licence or an interstate
provisional licence;
serious disqualification offence means—
(a) an offence against the Criminal Law Consolidation
Act 1935; or
(b) an offence that attracts 4 or more demerit points; or
(c) a speeding offence that attracts 3 or more demerit points, if
committed by the holder of a licence who has, while holding that licence,
previously been convicted of, or expiated, another speeding offence that
attracted 3 or more demerit points; or
(d) a combination of a red light offence and a speeding offence arising
out of the same incident; or
(e) any offence committed by the holder of a licence who has previously
been disqualified from holding or obtaining a licence or learner's permit in
this State;
speeding offence has the same meaning as in section 79B
of the Road Traffic Act 1961.
(2) Without derogating from any other provision of this Act, if an
applicant for the issue of a licence—
(a) has not held a non-provisional licence or interstate non-provisional
licence at some time during the period of 5 years immediately preceding the
application; or
(b) holds an interstate provisional licence; or
(c) holds an interstate non-provisional licence but is under the age of 19
years; or
(d) —
(i) has been disqualified from holding or obtaining a licence or learner's
permit in this State, or in another State or Territory of the Commonwealth, as a
consequence of an offence committed or allegedly committed (whether in this
State or elsewhere)—
(A) while the holder of a provisional licence or interstate provisional
licence; or
(B) after the expiry of such a licence but before obtaining a
non-provisional licence or interstate non-provisional licence; and
(ii) has not held a non-provisional licence or interstate non-provisional
licence since the end of the period of disqualification,
a licence issued to the applicant is a P1 licence.
(3) A P1 licence is subject to the following conditions:
(a) a condition that the holder of the licence must not drive a motor
vehicle or attempt to put a motor vehicle in motion on a road while the
prescribed concentration of alcohol is present in his or her blood, or a
prescribed drug is present in his or her oral fluid or blood;
(b) a condition that the holder of the licence must not drive a motor
vehicle at a speed exceeding by 10 kilometres an hour or more a speed limit
that applies under the Road Traffic Act 1961 or this Act;
(c) in the case of a licence issued to an applicant referred to in
subsection (2)(d) where the offence was a serious disqualification
offence—a condition that the holder of the licence must not, until the end
of 12 months from the date on which the licence is issued, drive a motor vehicle
on a road between the hours of midnight and 5.00 am unless—
(i) the driver is accompanied by a person acting as a qualified
supervising driver for the holder of a licence; and
(ii) no other passenger is present in the vehicle.
(4) Subject to this Act, the conditions imposed on a P1 licence by
subsection (3) are effective until—
(a) a P2 licence is issued to the holder of the licence; or
(b) the period specified in the licence has elapsed,
whichever occurs first.
(5) Despite subsection (2), the Registrar may issue a P2 licence
to an applicant referred to in that subsection but only if—
(a) the applicant—
(i) is not an applicant referred to in subsection (2)(d);
and
(ii) has, during the period of 5 years immediately preceding the
application, held a relevant licence for 12 months or periods totalling
12 months; and
(iii) produces to the Registrar a certificate signed by an examiner
certifying that the applicant has, in the manner required by the Registrar,
passed a hazard perception test conducted by the examiner; and
(iv) either—
(A) has not incurred any demerit points before the application in respect
of offences committed or allegedly committed during the 12 months or
periods totalling 12 months for which the applicant held a relevant licence
last occurring before the application; or
(B) produces to the Registrar a certificate signed by the provider of a
driver awareness course certifying that the applicant has satisfactorily
completed a driver awareness course; or
(b) the applicant—
(i) has, during the period of 5 years immediately preceding the
application, held a relevant licence for 2 years or periods totalling
2 years (excluding, if the applicant is an applicant referred to in
subsection (2)(d), any period preceding the period of disqualification);
and
(ii) produces to the Registrar a certificate signed by an examiner
certifying that the applicant has, in the manner required by the Registrar,
passed a hazard perception test conducted by the examiner (which test must, if
the applicant is an applicant referred to in subsection (2)(d), have been
conducted since the end of the period of disqualification).
(6) A P2 licence is subject to the following conditions:
(a) a condition that the holder of the licence must not drive a motor
vehicle or attempt to put a motor vehicle in motion on a road while the
prescribed concentration of alcohol is present in his or her blood, or a
prescribed drug is present in his or her oral fluid or blood;
(b) a condition that the holder of the licence must not drive a motor
vehicle at a speed exceeding by 10 kilometres an hour or more a speed limit
that applies under the Road Traffic Act 1961 or this Act.
(7) Subject to this Act, the holder of a P2 licence cannot apply for the
issue of a licence that is not subject to P2 licence conditions unless the
person has held the P2 licence for the prescribed period.
(8) However—
(a) subject to paragraph (b), if the person would be under the age of
19 years when the prescribed period elapses, the person cannot apply for
the issue of a licence that is not subject to P2 licence conditions until he or
she turns 19;
(b) if the person incurs any demerit points in respect of offences
committed or allegedly committed while under the age of 19 years and the
person would be under the age of 20 years when the prescribed period
elapses, the person cannot apply for the issue of a licence that is not subject
to P2 licence conditions until he or she turns 20.
(9) A court that disqualifies a person from holding or obtaining a licence
or learner's permit may order that a P1 licence issued to the person after the
end of the period of disqualification will be subject to provisional licence
conditions for an extended period and if a court makes such an order in relation
to a P1 licence, subsection (5)(b) applies as if each reference in that
provision to 2 years was a reference to 2 years plus the period of the
extension.
(10) If—
(a) a P1 licence is issued to an applicant referred to in
subsection (2)(d) subject to the alcohol interlock scheme conditions in
addition to the conditions imposed by subsection (3); and
(b) the period for which the licence is required to be subject to the
alcohol interlock scheme conditions is greater than 2 years,
subsection (5)(b) applies as if each reference in that provision to
2 years was a reference to the period referred to in
paragraph (b).
(11) Despite any other provision of this section, if an applicant for the
issue of a driver's licence—
(a) holds or has previously held a foreign licence; or
(b) is of a class of applicants prescribed by regulation,
the Registrar may, if of the opinion that there is proper cause to do so,
do 1 or more of the following:
(c) issue a licence not subject to the conditions that would otherwise be
imposed under this section;
(d) issue a P2 licence despite the fact that the applicant is an applicant
referred to in subsection (2);
(e) reduce the period for which conditions would otherwise apply to the
person under this section.
(12) If an applicant is not willing to accept a provisional licence, the
Registrar must refuse to issue a licence to the applicant.
(13) The holder of a provisional licence must not contravene a condition
of the licence.
Maximum penalty: $1 250.
(14) The holder of a provisional licence must not drive a motor vehicle on
a road in any part of the State at a speed exceeding 100 kilometres an
hour.
Maximum penalty: $1 250.
(15) The holder of a P1 licence must not—
(a) drive a motor bike on a road unless a plate bearing the letter "P" is
affixed to the bike in accordance with the regulations; or
(b) drive any other motor vehicle on a road unless 2 plates bearing
the letter "P" are affixed to the vehicle in accordance with the
regulations.
Maximum penalty: $1 250.
(16) The holder of a P1 or P2 licence must not, if he or she is under the
age of 25, drive a high powered motor vehicle.
Maximum penalty: $1 250.
(17) The Registrar may, on application by the holder of a P1 or P2 licence
and payment of the fee (if any) prescribed by regulation, grant the holder an
exemption from subsection (16) for such a term and subject to such
conditions as the Registrar thinks fit.
(18) The Registrar must, on granting an exemption to the holder of a
licence under subsection (17), issue the holder of the licence with a
certificate of exemption.
(19) 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 (13) of contravening the condition referred to in
subsection (3)(a) or subsection (6)(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 (13); 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.
(20) Section 175 of the Road Traffic Act 1961 applies in
relation to—
(a) an offence against subsection (13) of contravening the condition
referred to in subsection (3)(b) or subsection (6)(b); or
(b) an offence against subsection (14),
as if a reference in that section to an offence against that Act was a
reference to an offence against subsection (13) or (14).
13—Amendment of
section 81AB—Probationary licences
(1) Section 81AB(1)—delete "pursuant to section 81B or 81C or by
order of a court in this State or any other State or Territory of the
Commonwealth" and substitute:
imposed in prescribed circumstances
(2) Section 81AB(7)—before the definition of prescribed
concentration of alcohol insert:
prescribed circumstances—a period of disqualification
from holding or obtaining a licence is imposed in prescribed circumstances if
the disqualification is imposed—
(a) pursuant to section 81B, 81C or 81D; or
(b) by order of a court in this State or any other State or Territory of
the Commonwealth; or
(c) in respect of an offence committed whilst the person was not
authorised to drive a motor vehicle on a road under this Act;
14—Substitution of
section 81B
Section 81B—delete the section and substitute:
81B—Consequences of holder of learner's permit,
provisional licence or probationary licence contravening conditions
etc
(1) Subject to this section, if—
(a) a person who holds a learner's permit, provisional licence or
probationary licence commits an offence of contravening a prescribed condition;
or
(b) a person expiates an offence of contravening a prescribed condition
allegedly committed while the holder of a learner's permit, provisional licence
or probationary licence; or
(c) demerit points are incurred by a person and, in consequence, the total
number of demerit points recorded against the person in respect of offences
committed or allegedly committed while the holder of a learner's permit or a
provisional licence equals or exceeds 4,
the Registrar must, on becoming aware of that fact, give the person written
notice—
(d) that, commencing on the day on which the notice takes effect in
accordance with section 139BD, the person is disqualified from holding or
obtaining a permit or licence for a period of 6 months; and
(e) that, if the person holds any permit or licence when the notice takes
effect, the permit or licence is cancelled.
(2) If the Registrar is required to give a person a notice under
subsection (1), the Registrar may, in that notice or by subsequent written
notice given to the person, require the person—
(a) to attend, within a period specified in the notice, a lecture
conducted pursuant to the regulations; and
(b) to pay to the Registrar, in accordance with the notice, the attendance
fee prescribed by the regulations.
(3) A person must not, without reasonable excuse, fail to comply with a
requirement made under subsection (2).
Maximum penalty: $125.
(4) Notwithstanding the provisions of subsection (1), any notice
given to a person under that subsection does not apply in relation to any
unconditional licence held or sought by the person if the person held an
unconditional licence when the offence giving rise to the notice was committed
or allegedly committed.
(5) Nothing in this section derogates from any provision of this Act, or
any other Act, dealing with disqualification from holding or obtaining permits
or licences, or suspension of permits or licences.
81BA—Safer Driver Agreements
(1) If a person who holds a provisional licence is given a notice of
disqualification under section 81B, the person is entitled to enter into a Safer
Driver Agreement in lieu of suffering the disqualification if—
(a) the notice of disqualification related to an offence other than a
serious disqualification offence; and
(b) the person has not, within the preceding period of 5 years,
entered into a Safer Driver Agreement in lieu of suffering a disqualification;
and
(c) the Magistrates Court has not, within the preceding period of
5 years, allowed an appeal by the person against a disqualification under
section 81B.
(2) A Safer Driver Agreement may be entered into by notice given to the
Registrar, in accordance with the regulations, within 21 days of the day
specified in the notice of disqualification.
(3) If a Safer Driver Agreement is entered into by a person, the following
provisions apply:
(a) any licence that the person holds is cancelled and the person is, on
application to the Registrar, entitled to a refund as if the person were
surrendering the licence;
(b) the disqualification is removed and the person is entitled to apply
for a licence;
(c) subject to paragraph (e), section 81A applies in relation to the
person when applying for the licence as if, despite the removal of the
disqualification, the person had been disqualified from holding or obtaining a
licence as a consequence of the offence and were making the application at the
end of the period of disqualification;
(d) section 79A(4) does not apply to the person when applying for the
licence;
(e) if the person, having been issued a P1 licence on the application
referred to in paragraph (c), is subsequently making an application in
order to progress to a P2 licence, section 81A applies in relation to the person
as if the references in section 81A(5)(b) to 2 years were references to
2 years and 6 months.
(4) If—
(a) a person who holds a provisional licence issued on an application
referred to in subsection (3)(b) or (e) commits an offence of contravening
a prescribed condition; or
(b) a person expiates an offence allegedly committed while the holder of a
provisional licence issued on an application referred to in
subsection (3)(b) or (e), being an offence of contravening a prescribed
condition; or
(c) a person incurs demerit points in respect of an offence committed or
allegedly committed while the holder of a provisional licence issued on an
application referred to in subsection (3)(b) or (e), and, in consequence,
the total number of demerit points recorded against the person in respect of
offences committed or allegedly committed while the holder of that licence
equals or exceeds 4,
the Registrar must, on becoming aware of that fact, give the person written
notice—
(d) that, commencing on the day on which the notice takes effect in
accordance with section 139BD, the person is disqualified from holding or
obtaining a permit or licence for a period of 12 months; and
(e) that, if the person holds any licence when the notice takes effect,
the licence is cancelled.
(5) Nothing in this section derogates from any provision of this Act, or
any other Act, dealing with disqualification from holding or obtaining permits
or licences, or suspension of permits or licences.
(6) In this section—
serious disqualification offence has the same meaning as in
section 81A.
81BB—Appeals to Magistrates
Court
(1) Subject to subsection (2), if a person has been or is liable to
be given a notice of disqualification under section 81B as a consequence of
an offence committed or allegedly committed while the holder of a provisional
licence or probationary licence, the person may appeal to the Magistrates Court
against the disqualification.
(2) A person is not entitled to appeal against a disqualification under
this section if—
(a) the person is entitled to elect to enter into a Safer Driver Agreement
in accordance with subsection 81BA; or
(b) the Magistrates Court has, within the preceding period of
5 years, allowed an appeal by the person against a disqualification under
section 81B.
(3) The appellant and the Crown are entitled to be heard upon an appeal
against a disqualification under section 81B.
(4) The Magistrates Court may allow an appeal if the Court is
satisfied—
(a) that, on the basis of evidence given on oath by or on behalf of the
appellant, the disqualification would result in severe and unusual hardship to
the appellant or a dependant of the appellant; and
(b) if the Crown submits evidence (whether orally or in writing) as to
previous offences relating to the appellant's use of a motor vehicle for which
the appellant has been found guilty or that the appellant has
expiated—that such evidence does not indicate that the appellant is a
substantial risk to himself or herself or to other members of the public.
(5) The appellant's evidence must include evidence relating to the forms
of transport that would be available to the appellant if the appeal were not
allowed and why those forms of transport do not adequately meet the needs of the
appellant or a dependant of the appellant.
(6) Where an appeal against disqualification has been instituted under
this section, the disqualification and any related cancellation are suspended
until the determination or withdrawal of the appeal.
(7) If the Magistrates Court allows an appeal by a person against a
disqualification, the following provisions apply:
(a) any licence that the person holds is cancelled and the person is, on
application to the Registrar, entitled to a refund as if the person were
surrendering the licence;
(b) the disqualification is removed and the person is entitled to apply
for a licence;
(c) subject to paragraph (e), sections 81A and 81AB apply in relation
to the person when applying for the licence as if, despite the removal of the
disqualification, the person had been disqualified from holding or obtaining a
licence as a consequence of the offence and were making the application at the
end of the period of disqualification;
(d) section 79A(4) does not apply to the person when applying for the
licence;
(e) if the licence is one that would be subject to the condition referred
to in section 81A(3)(c) and the Court is satisfied that the application of that
condition to the licence would frustrate the purpose for which the appeal has
been allowed, the Court may exempt the licence from the application of that
condition;
(f) if the person, having been issued a P1 licence on the application
referred to in paragraph (c), is subsequently making an application in
order to progress to a P2 licence, section 81A applies in relation to the person
as if the references in section 81A(5)(b) to 2 years were references to
2 years and 6 months;
(g) if the licence issued to the person on the application referred to in
paragraph (c) is a probationary licence, section 81AB(3) applies in
relation to the person as if the reference in section 81AB(3) to 1 year was
a reference to 18 months.
(8) If—
(a) a person who holds a provisional licence or probationary licence
issued on an application referred to in subsection (7)(c) or (f) commits an
offence of contravening a prescribed condition; or
(b) a person expiates an offence allegedly committed while the holder of a
provisional licence or probationary licence issued on an application referred to
in subsection (7)(c) or (f), being an offence of contravening a
prescribed condition; or
(c) a person incurs demerit points in respect of an offence committed or
allegedly committed while the holder of a provisional licence or probationary
licence issued on an application referred to in subsection (7)(c) or (f),
and, in consequence, the total number of demerit points recorded against the
person in respect of offences committed or allegedly committed while the holder
of that licence equals or exceeds 4,
the Registrar must, on becoming aware of that fact, give the person written
notice—
(d) that, commencing on the day on which the notice takes effect in
accordance with section 139BD, the person is disqualified from holding or
obtaining a permit or licence for a period of 12 months; and
(e) that, if the person holds any licence when the notice takes effect,
the licence is cancelled.
15—Redesignation
of section 81BA—Consequences of holder of unconditional licence incurring
demerit points in respect of offences committed while holder of provisional
licence
Section 81BA—redesignate the section as section 81BC
16—Amendment of
section 91—Effect of suspension and disqualification
(1) Section 91(3)—delete "While" and substitute:
Subject to section 81B(4), while
(2) Section 91—after subsection (5) insert:
(6) Subsection (5) does not apply to a person driving a motor vehicle on a
road in accordance with an unconditional licence to which the disqualification
does not apply in accordance with section 81B(4).
17—Amendment of
section 97A—Visiting motorists
(1) Section 97A(1)(a)(i), (b)(i) and (c)(i)—after "interstate
licence" wherever occurring insert:
or interstate learner's permit
(2) Section 97(1)(a)(ii)—delete "and an exemption under a law of the
place where the licence" and substitute:
or interstate learner's permit and an exemption under a law of the place
where the licence or permit
(3) Section 97A(3)—after "licence" insert:
or permit
(4) Section 97A(4) and (5)—delete the subsections and
substitute:
(4) If a person drives a vehicle in this State pursuant to subsection
(1)—
(a) the person's licence or permit will, for the purposes of section 74
and any other prescribed law, be taken to be a licence or permit (as the case
may be) under this Act; and
(b) the licence or permit is subject to any conditions that apply to the
licence or permit in the jurisdiction in which it was issued (other than
conditions that apply only in circumstances that are unique to that other
jurisdiction or that are prescribed by the regulations) and such conditions are
enforceable as if they were imposed under this Act; and
(c) the licence or permit will, for the purposes of a contract or policy
of insurance relating to the vehicle, be taken to be a licence or permit under
this Act.
(5) A reference in subsection (3) or (4) to a person's licence or
permit includes a reference to any exemption, international driving permit or
Driver Identification Document that the person is required to hold under
subsection (1) in addition to an interstate licence, interstate permit or
foreign licence.
(5) Section 97A(6), definition of interstate
licence—delete the definition and substitute:
interstate learner's permit includes a licence issued under
the law of New Zealand that corresponds to a learner's permit under this
Act;
Section 98—delete the section
19—Amendment of
section 98AAE—Licence or learner's permit unlawfully altered or damaged is
void
(1) Section 98AAE(a)—delete "$750" and substitute:
$2 500
(2) Section 98AAE—after its present contents (now to be designated
as subsection (1)) insert:
(2) A person who, without lawful authority, possesses a licence or
learner's permit that has been wilfully altered, defaced or damaged is guilty of
an offence.
Maximum penalty: $2 500.
20—Amendment of
section 98BC—Liability to disqualification
(1) Section 98BC(1)—delete subsection (1) and substitute:
(1) If a person (other than the holder of an interstate learner's permit
or interstate licence) has incurred an aggregate of 12 or more demerit points in
respect of offences committed within a period of 3 years up to and including the
most recent date on which the person committed an offence in respect of which
the person incurred demerit points, the person is liable to be disqualified
under this Part from holding or obtaining a licence or learner's permit for the
prescribed period.
(2) Section 98BC(2)—after "holds an" insert:
interstate learner's permit or
(3) Section 98BC(2)—after "a licence" insert:
or learner's permit
21—Amendment of
section 98BD—Notices to be sent by Registrar
(1) Section 98BD(2)(a)—after "a licence" insert:
or learner's permit
(2) Section 98BD(2)(b)—after "licence" wherever occurring
insert:
or learner's permit
22—Amendment of
section 98BE—Disqualification and discounting of demerit
points
(1) Section 98BE(3)—delete subsection (3)
(2) Section 98BE(5)—delete "or condition referred to in subsection
(1a) has taken effect under this section" and substitute:
under section 98BC or a condition under subsection (2) has taken
effect
After section 98BE insert:
98BF—Effect of appeal or rehearing on
disqualification and discounting
(1) Where a disqualified person—
(a) institutes an appeal against a conviction for an offence in respect of
which demerit points were incurred that are included in the points resulting in
the disqualification; or
(b) applies for a rehearing of the proceedings that led to the
conviction,
the disqualification is inoperative until the appeal or application for
rehearing is determined or withdrawn.
(2) If, following an appeal against conviction for an offence or a
rehearing of proceedings that lead to a conviction for an offence, the person is
no longer disqualified, any demerit points for other offences discounted under
section 98BE(5) in respect of that disqualification must be
reinstated.
24—Amendment of
section 98BI—Notification of demerit points to interstate licensing
authorities
(1) Section 98BI(1)—delete "interstate licence" wherever occurring
and substitute in each case:
interstate learner's permit or interstate licence
(2) Section 98BI(2), definition of licensing
authority—delete "interstate licences" and substitute:
interstate learner's permits and interstate licences
25—Amendment of
section 135—False statements
(1) Section 135(1), penalty provision—delete "$2 500" and
substitute:
$5 000
(2) Section 135—after subsection (4) insert:
(5) A prosecution for an offence against subsection (1) may be commenced
at any time within 2 years after the date of the alleged commission of the
offence or, with the authorisation of the Attorney-General, at a later time
within 5 years after the date of the alleged commission of the
offence.
(6) An apparently genuine document purporting to be signed by the
Attorney-General and to authorise the commencement of proceedings for an offence
against subsection (1) will be accepted in any legal proceedings, in the absence
of proof to the contrary, as proof of the authorisation.
26—Amendment of
section 139D—Confidentiality
Section 139D(4)(b)—delete paragraph (b) and substitute:
(b) an approved alcohol interlock provider, and a person engaged in the
activities of an approved alcohol interlock provider for the purposes of this
Act, are to be taken to be engaged in the administration of this Act.
27—Amendment of
section 141—Evidence by certificate etc
Section 141(1)—after paragraph (a) insert:
(aa) that, on a specified day, a specified person was or was not the
holder of an exemption under section 81A(16);
Section 144—delete the section
Schedule 1—Related
amendments and transitional provisions
Part 1—Related amendment to Road Traffic
Act 1961
1—Amendment of
section 47EA—Exercise of random testing powers
Section 47EA—after its present contents (now to be designated as
subsection (1)) insert:
(2) Despite any other provision of this Act, if a motor vehicle has
stopped in response to a direction given by a police officer in the exercise of
random testing powers, a police officer may delay the driver of the vehicle for
as long as may be necessary to enable the police officer to ascertain whether
the driver holds a current driver's licence or other authority to drive the
vehicle.
Part 2—Transitional provisions
In this Schedule—
principal Act means the Motor Vehicles
Act 1959.
3—Learner's
permits in force immediately before commencement
Subject to clause 4 of this Schedule, sections 75A and 79A of the
principal Act, as in force immediately before the commencement of
sections 9 and 11 of this Act, continue to apply in relation to a
learner's permit in force immediately before that commencement.
4—Requirement
to display L plate
The following provisions apply in relation to a learner's permit in force
immediately before the commencement of section 9 of this Act:
(a) on the commencement of section 9 of this Act, the condition
specified in section 75A(3)(c) of the principal Act (as in force
immediately before that commencement) ceases to apply to the permit;
(b) section 75A(15) of the principal Act (as in force after that
commencement) applies to the holder of such a permit as if the permit had been
issued after that commencement.
5—Provisional
licences in force immediately before commencement
Subject to clause 6 of this Schedule, section 81A of the principal
Act, as in force immediately before commencement of section 12 of this Act,
continues to apply in relation to a provisional licence in force immediately
before that commencement.
6—Requirement
to display P plate
The following provisions apply in relation to a P1 licence in force
immediately before the commencement of section 12 of this Act:
(a) on the commencement of section 12 of this Act, the condition
specified in section 81A(1)(e) of the principal Act (as in force
immediately before that commencement) ceases to apply to the licence;
(b) section 81A(15) of the principal Act (as in force after that
commencement) applies to the holder of such a licence as if the licence had been
issued after that commencement.
7—High powered
vehicle restrictions inapplicable to some provisional licences issued after
commencement
(1) Section 81A(16) of the principal Act (as in force immediately after
the commencement of section 12 of this Act) does not apply to a person who
is the holder of a P2 licence issued after the commencement of that subsection
if, immediately before the issue of that licence, the person was the holder of a
P1 licence that was issued before the commencement of that subsection.
(2) This clause is in addition to and does not derogate from clause 5
of this Schedule.