South Australian Current Acts

MOTOR VEHICLES ACT 1959

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Crown is bound
   5.      Interpretation
   6.      Power of Minister to include or exclude areas from application of Act
   6A.     Delegation by Minister

   PART 2--Registration of motor vehicles

           Division 1--Registration

   7.      Registrar and officers
   8.      The register
   9.      Duty to register

           Division 2--Exemptions and permits

   10.     Exemption of vehicles with trade plates
   10A.    Exemption of vehicles being loaded or unloaded from transporter
   12.     Exemption for certain trailers, agricultural implements and agricultural machines
   12A.    Exemption of self-propelled wheelchairs from requirements of registration and insurance
   12B.    Exemption of certain vehicles from requirements of registration and insurance
   16.     Permits to drive vehicles without registration
   19A.    Vehicles registered etc interstate or overseas

           Division 3--Registration procedure

   20.     Application for registration
   21.     Power of Registrar to decline application
   22.     Registrar may require applicant to supply information
   23.     Refusal to register unfit vehicles
   23A.    Information required before registration of new vehicles
   24.     Duty to grant registration

           Division 3A--Periodic payments

   24A.    Registrar may accept periodic renewal payments

           Division 4--Conditional registration

   25.     Conditional registration

           Division 5--Duration of registration

   26.     Duration of registration

           Division 6--Registration fees

   27.     Regulation of registration fees
   28.     Payments into National Heavy Vehicle Regulator Fund
   31.     Registration without fee
   34.     Registration fees for primary producers' commercial vehicles
   37.     Registration fees for vehicles in outer areas
   37A.    Application of sections 38 to 38B
           38. Registration fees for incapacitated ex-service personnel
   38A.    Reduced fees for pensioner entitlement card holders
   38AB.   Registration fees for trailers owned by pensioner entitlement card holders
   38B.    Registration fees for certain incapacitated persons or carers
   40.     Balance of registration fee
   40A.    Refund of part of registration fee on eligibility for reduced fee
   41.     Misuse of vehicles registered at reduced fees or without fees
   42.     Registration not transferable in certain cases where vehicle registered at reduced fee or for no fee
   43.     Short payment etc
   43A.    Temporary configuration certificate for heavy vehicle

           Division 7--Duty to notify alterations or additions to vehicles

   44.     Duty to notify alterations or additions to vehicles
   45.     Refund where vehicle altered

           Division 8--Numbers and number plates

   46.     Allotment of number on registration
   47.     Duty to carry number plates
   47A.    Classes of number plates and agreements for allotment of numbers
   47B.    Issue of number plates
   47C.    Return, recovery etc of number plates
   47D.    Offences in connection with number plates

           Division 10--Suspension, cancellation and transfer of registration

   54.     Cancellation of registration and refund on application
   55A.    Suspension and cancellation of registration by Registrar
   55B.    Notice to be given to Registrar
   55C.    Action following disqualification or suspension outside State
   56.     Duty of transferor on transfer of vehicle
   57.     Duty of transferee on transfer of vehicle
   57A.    Power of Registrar to record change of ownership of motor vehicle
   58.     Transfer of registration
   59.     Non-transferable registrations
   60.     Cancellation of registration where failure to transfer after change of ownership
   60A.    Lodgement of applications, notices etc
   61.     Hire-purchase transactions
   61A.    Removal of number plates by Chief Recovery Officer

           Division 11--Trade plates

   62.     Issue of trade plates
   64.     Specifications of plates
   65.     Duration
   66.     Use of vehicle to which trade plates are affixed
   70.     Return of trade plates and refunds
   71.     Transfer of trade plates

           Division 12--Property in and replacement of plates and documents

   71A.    Property in plates and documents
   71B.    Replacement of plates and documents

           Division 13--Miscellaneous

   71C.    Powers of Registrar in relation to offensive material displayed on motor vehicles

   PART 3--Drivers' licences

   72.     Classification of licences
   72A.    Qualified supervising drivers
   73.     Register of licences
   74.     Duty to hold licence or learner's permit
   75.     Issue and renewal of licences
   75AAA.  Term of licence and surrender
   75AA.   Only 1 licence to be held at any time
   75A.    Learner's permit
   75B.    Special provisions applying to certain motor bike learner's permits
   77A.    Licences and learner's permits to include photographs
   77B.    Powers of Registrar in relation to applicant for licence or permit
   77BA.   Use of photographs by Registrar
   77C.    Temporary licences and learner's permits
   79.     Examination of applicant for licence or learner's permit
   79A.    Driving experience required for issue of licence
   79B.    Alcohol and drug dependency assessments and issue of licences
   80.     Ability or fitness to be granted or hold licence or permit
   81.     Restricted licences and learner's permits
   81A.    Provisional licences
   81AB.   Probationary licences
   81AC.   Special provisions applying to certain motor bike licences
   81B.    Consequences of holder of learner's permit, provisional licence or probationary licence contravening conditions
   81BA.   Safer Driver Agreements
   81BB.   Appeals to Magistrates Court
   81BC.   Disqualification for certain offences relating to section 45C of the Road Traffic Act 1961
   81C.    Disqualification for certain drink driving offences
   81D.    Disqualification for certain drug driving offences
   81E.    Circumstances in which licence will be subject to mandatory alcohol interlock scheme conditions
   81F.    Mandatory alcohol interlock scheme conditions
   81G.    Cessation of licence subject to mandatory alcohol interlock scheme conditions
   81H.    Contravention of mandatory alcohol interlock scheme conditions
   82.     Vehicle offences and unsuitability to be granted or hold licence or permit
   83.     Consequences of certain orders or administrative actions outside State
   84.     Cancellation of licence or permit where issued in error
   85.     Procedures for suspension, cancellation or variation of licence or permit
   91.     Effect of suspension and disqualification
   93.     Notice to be given to Registrar
   94.     Administrative errors and notices of disqualification
   96.     Duty to produce licence or permit
   97.     Duty to produce licence or permit at court
   97A.    Visiting motorists
   98AAA.  Duty to carry licence when driving heavy vehicle
   98AA.   Duty to carry licence when teaching holder of learner's permit to drive
   98AAB.  Duty to carry probationary licence, provisional licence or learner's permit
   98AAC.  Issue of duplicate licence or learner's permit
   98AAD.  Licence or learner's permit falsely obtained is void
   98AAE.  Licence or learner's permit unlawfully altered or damaged is void
   98AAF.  Duty on holder of licence or learner's permit to notify illness etc
   98AAG.  Exemptions for Aboriginal persons in remote areas

   PART 3A--Motor driving instructors' licences

   98A.    Instructors' licences

   PART 3B--Demerit points scheme

   98AB.   Interpretation
   98B.    Demerit points for offences in this State
   98BB.   Demerit points for offences interstate
   98BC.   Liability to disqualification
   98BD.   Notices to be sent by Registrar
   98BE.   Disqualification and discounting of demerit points
   98BF.   Effect of appeal or rehearing on disqualification and discounting
   98BH.   Court not to take into account demerit points
   98BI.   Notification of demerit points to interstate licensing authorities

   PART 3C--Towtrucks

   98D.    Certain towtruck drivers required to hold certificates
   98E.    Applications for towtruck certificates
   98F.    Entitlement to be granted towtruck certificates
   98G.    Renewal of towtruck certificates
   98H.    Conditions of towtruck certificates
   98I.    Surrender of towtruck certificate
   98J.    Suspension of towtruck certificate
   98K.    Temporary towtruck certificates
   98L.    Form of certificates
   98M.    Duplicate certificates
   98MA.   Return of certificates when cancelled or suspended
   98MB.   Register of certificates
   98MC.   Towtruck operators to notify Registrar of towtruck drivers in their employ
   98MD.   Only persons directed by police to proceed to or be present at scene of accident for purposes related to removal, wrecking or repair
   98ME.   Towing of vehicle at or from scene of accident
   98MF.   Storage of vehicles by towtruck operators
   98MG.   Removal of vehicle from place to which it was removed from the scene of an accident
   98MH.   Contracts relating to the repair of certain motor vehicles
   98MI.   Duty to surrender vehicle
   98MJ.   Accident spotting
   98MK.   Off the hook transactions
   98ML.   Towtruck driver to carry and produce certificate
   98N.    Trade plates not to be used for the purpose of a towtruck in certain circumstances
   98O.    Persons who may ride in towtruck
   98P.    Investigation powers
   98PA.   Power to require production or attendance for investigations
   98PC.   Cause for disciplinary action
   98PD.   Complaints
   98PE.   Hearing by Tribunal
   98PF.   Appointment, selection etc of assessors
   98PG.   Disciplinary action

   PART 3D--Disabled persons' parking permits

   98R.    Application for permit
   98S.    Duration and renewal of permits
   98T.    Permit contents, conditions and entitlements
   98U.    Misuse of permit
   98V.    Cancellation of permit
   98WA.   Interstate permit holders have reciprocal entitlements
   98X.    Interpretation

   PART 3E--Rights of review and appeal

   98Z.    Review by Registrar
   98ZA.   Review by Tribunal

   PART 4--Third party insurance

   99.     Interpretation
   99A.    Insurance premium to be paid on applications for registration
   101.    Approved insurers
   102.    Duty to insure against third party risks
   104.    Requirements if policy is to comply with this Part
   105.    Policies to conform to amending Acts
   107.    Rights of persons named in policies
   109.    Liability of insurers where premium not paid
   110.    Liability of insurer to pay for emergency treatment
   111.    Liability of insurer to pay for hospital treatment
   111A.   Liability of insurer in respect of burial at public expense
   112.    Liability of insurer when judgment obtained against insured
   113.    Liability of insurer where the insured is dead or cannot be found
   113A.   Insurer not liable for aggravated damages or exemplary or punitive damages
   114.    Certain defences ineffective in actions against insurers
   115.    Claims against nominal defendant where vehicle not identified
   116.    Claim against nominal defendant where vehicle uninsured
   116A.   Appointment of nominal defendant
   117.    Interpretation of expression in sections 113 and 115
           118A. Appointment of nominal defendant when approved insurer is wound up etc
   118B.   Interpretation of certain provisions where claim made or action brought against nominal defendant
   119.    Scheme under which approved insurers indemnify liabilities incurred by nominal defendant
   120.    Satisfaction of judgment against nominal defendant where no scheme in force
   121.    Policy to bind all insured persons
   122.    Cancellation of policy
   123.    Right of insurer against unauthorised driver of vehicle
   124.    Duty to cooperate with insurer
   124AA.  Limitation of liability in respect of foreign awards
   124A.   Recovery by insurer
   124AB.  Recovery of an excess in certain cases
   124AC.  Credit for payment of expenses by insurer
   125.    Power of insurer to deal with claims against insured
   125A.   Joinder of insurer as defendant to an action
   125B.   Acquisition of vehicle by insurer
   126.    Duty of insured not to litigate or negotiate claim
   126A.   Claim for compensation
   127.    Medical examination of claimants
   127A.   Control of medical services and charges for medical services to injured persons
   127B.   Liability of insurer to pay treatment, care and support costs
   127C.   Control of legal costs
   128.    Duty of insurers to furnish information
   129A.   Commissions and other financial benefits and inducements prohibited without Minister's approval
   131.    Insurance by visiting motorists
   132.    Power to disqualify on application of insurer
   133.    Contracting out of liability
   134.    Persons entitled to act in connection with claims

   PART 4A--Trials of automotive technologies

   134B.   Interpretation
   134C.   Minister may publish or adopt guidelines
   134D.   Minister may authorise trials of automotive technologies
   134E.   Exemptions from this and other Acts
   134F.   Revocation and suspension of exemption
   134G.   Offence to contravene etc condition of exemption
   134H.   Requirement for insurance
   134I.   Offence to hinder authorised trial or interfere with equipment
   134J.   Immunity relating to official powers or functions
   134K.   Commencement of prosecutions
   134L.   Confidentiality
   134M.   Report to Parliament

   PART 5--Supplementary provisions

   135.    False statements
   135A.   Bribes
   135B.   Applications made by agent
   135C.   Proof of identity
   136.    Duty to notify change of name, address etc
   137.    Duty to answer certain questions
   137A.   Obligation to provide evidence of design etc of motor vehicle
   138.    Obligation to provide information
   138A.   Commissioner of Police to give certain information to Registrar
   138B.   Effect of dishonoured cheques etc on transactions under the Act
   139.    Inspection of motor vehicles
   139AA.  Where vehicle suspected of being stolen
   139A.   Suspension of disqualification on appeal
   139BA.  Power to require production of licence etc
   139BB.  Issue of new licence or permit where licence etc cannot be endorsed
   139BC.  Manner of endorsing licence etc
   139BD.  Service and commencement of notices of disqualification
   139C.   Service of other notices and documents
   139D.   Confidentiality
   139E.   Protection from liability
   139G.   Offences by authorised officers
   140.    Evidence of registers
   141.    Evidence by certificate etc
   142.    Facilitation of proof
   142A.   Evidence of ownership of motor vehicle
   143.    Causing or permitting offences
   143B.   General defences
   145.    Regulations and fee notices
   147.    Financial provision
   148.    Duty of health professionals
           SCHEDULE 1--Evidence obtained by photographic detection device
           SCHEDULE 2--Prescribed circumstances (sections 75A, 75B and 81A)
           Legislative history