South Australian Current Acts South Australian Current Acts (1) Subject to this
section, a person may drive a motor vehicle on roads in this State without
holding a licence under this Act if—
(a) the
person holds—
(i)
an interstate licence or interstate learner's permit that
authorises the person to drive a motor vehicle of the class to which that
motor vehicle belongs; or
(ii)
an interstate licence or interstate learner's permit and
an exemption under a law of the place where the licence or permit was issued
from the requirement to hold a driver's licence that authorises the driving of
a motor vehicle of the class to which that motor vehicle belongs; or
(iii)
—
(A) a foreign licence that authorises the
person to drive a motor vehicle of the class to which that motor vehicle
belongs; and
(B) an international driving permit; or
(iv)
a foreign driver's licence that—
(A) authorises the person to drive a
motor vehicle of the class to which that motor vehicle belongs; and
(B) is written in English or is accompanied
by an English translation; and
(b)
—
(i)
in the case of a person who holds an interstate licence
or interstate learner's permit—
(A) the person has not resided in this
State for a continuous period of more than three months; or
(B) the person has resided in this State
for a continuous period of more than three months but also holds a valid
Driver Identification Document issued by the Commonwealth Department of
Defence; or
(ii)
in the case of a person who holds a foreign licence and
is a permanent resident or citizen of Australia—the person has not
resided in this State for a continuous period of more than 3 months; and
(c) the
person is not disqualified from holding or obtaining—
(i)
an interstate licence or interstate learner's permit in
any State or Territory of the Commonwealth; or
(ii)
a foreign licence in any country.
(2) If the Registrar
is of the opinion that—
(a) a
person to whom subsection (1) applies is not suitable to drive a
motor vehicle in this State; or
(b) the
ability of a person to whom subsection (1) applies to drive a
motor vehicle safely is impaired due to a permanent or long-term injury or
illness,
the Registrar may give the person notice in writing—
(c)
prohibiting the person from driving a motor vehicle on roads in this State
without holding a driver's licence issued under this Act while the notice is
in force; and
(d)
stating the reasons for the giving of the notice; and
(e)
specifying any action that may be taken by the person to regain the benefit of
subsection (1); and
(f)
advising of the right to apply for a review of the decision.
(2a) The Registrar may
revoke a notice under subsection (2) by further notice in writing to the
person.
(2b) If the Registrar
gives a person a notice under subsection (2), subsection (1) does
not apply to the person while the notice is in force.
(2c) If the Chief
Recovery Officer determines under section 40 of the
Fines Enforcement and Debt Recovery Act 2017 that the operation of this
section is suspended insofar as it applies to a specified person,
subsection (1) does not apply to the person while the determination is in
force.
(3) A person when
driving a vehicle in this State pursuant to subsection (1) must carry the
licence or permit and must produce it if requested to do so by—
(a) a
police officer; or
(b) an
authorised officer.
Maximum penalty: $1 250.
(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.
(6) In this
section—
"Contracting State" means a foreign country that is a signatory to the United
Nations Convention on Road Traffic , Geneva, 1949;
"international driving permit" means a permit issued by—
(a) a
competent authority of a Contracting State or a subdivision of such a State;
or
(b) an
association duly empowered by such an authority,
in accordance with the United Nations Convention on Road Traffic , Geneva,
1949;
"interstate learner's permit" includes a licence issued under the law of New
Zealand that corresponds to a learner's permit under this Act;
"permanent resident" means a person who holds a current permanent visa under
the Migration Act 1958 of the Commonwealth.