South Australian Current Acts

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MOTOR VEHICLES ACT 1959 - SECT 80

80—Ability or fitness to be granted or hold licence or permit

        (1)         If in the opinion of the Registrar it is desirable that the ability or fitness of an applicant for the issue or renewal of a licence or learner's permit, or of the holder of a licence or learner's permit, to drive a motor vehicle should be tested, the Registrar may require the person to undergo such tests or to furnish such evidence of ability or fitness to drive as the Registrar directs.

        (1a)         The Registrar may, with the approval of the Minister, direct that all applicants for the issue or renewal of a licence or learner's permit who are of a particular class must undergo such tests, or furnish such evidence as to ability or fitness to drive a motor vehicle, or a motor vehicle of a particular class, as the Registrar may require.

        (2)         Medical tests required by the Registrar under this section must be conducted in accordance with guidelines published or adopted by the Minister by notice in the Gazette and the results of the tests must be applied by the Registrar, in accordance with any policies published or adopted by the Minister by notice in the Gazette, in assessing the person's competence to drive motor vehicles or motor vehicles of a particular class.

        (2a)         If—

            (a)         a person fails to comply with a requirement of the Registrar under this section; or

            (b)         the Registrar is satisfied—

                  (i)         after considering the results of tests or evidence required under this section; or

                  (ii)         from information furnished to the Registrar by a health professional or from any other evidence received by the Registrar,

that a person is not competent to drive a motor vehicle or a motor vehicle of a particular class,

the Registrar may—

            (c)         refuse to issue a licence or permit to the person; or

            (d)         refuse to renew the person's licence or permit; or

            (e)         suspend the person's licence or permit for such period as the Registrar considers necessary in the circumstances of the case, or until the person satisfies the Registrar, in such a manner as the Registrar directs, that the person is competent to drive a motor vehicle; or

            (f)         remove a classification from the person's licence, or substitute for a classification endorsed on the person's licence another classification.

        (3)         The Registrar may issue to any person who has been required to undergo tests, or to furnish other evidence of ability or fitness to drive a motor vehicle, a temporary driving permit authorising that person, subject to such conditions and restrictions as may be specified in the permit, to drive motor vehicles.

        (4)         A temporary driving permit has, subject to any conditions and restrictions specified in the permit, effect as a licence.

        (5)         A person must not contravene any condition or restriction of a temporary driving permit.

Maximum penalty: $1 250.



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