South Australian Current Acts

MOTOR VEHICLES ACT 1959 - SCHEDULE 2

Schedule 2—Prescribed circumstances (sections 75A, 75B and  81A)

1—Driving with immediate family members

        (1)         For the purposes of section 81A(19), a motor vehicle is driven in prescribed circumstances if all the peer passengers, or all but 1 of the peer passengers, in the vehicle are immediate family members of the driver.

        (2)         In this clause—

Aboriginal or Torres Strait Islander means a person who—

            (a)         is descended from an Aboriginal or Torres Strait Islander person; and

            (b)         regards themself as an Aboriginal or Torres Strait Islander; and

            (c)         is accepted as an Aboriginal or Torres Strait Islander by an Aboriginal or Torres Strait Islander community;

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975 , whether declared as such under that Act or not;

immediate family member of a driver means—

            (a)         the driver's spouse or domestic partner; or

            (b)         a child of whom the driver has custody as a parent or guardian; or

            (c)         a guardian or step-parent of the driver; or

            (d)         the spouse of a grandparent of the driver; or

            (e)         a brother or sister of the driver; or

            (f)         a stepbrother or stepsister of the driver; or

            (g)         a child of whom a parent, guardian or step-parent of the driver has custody as a parent or guardian; or

            (h)         a person held to be related to the driver according to Aboriginal or Torres Strait Islander kinship rules and observances (if the driver is an Aboriginal or Torres Strait Islander);

spouse —a person is the spouse of another if they are legally married.

2—Emergency workers

        (1)         For the purposes of sections 75A(21),  81A(17) and  81A(19), driving a motor vehicle while engaged in official duties as an emergency worker is driving the vehicle in prescribed circumstances.

        (2)         In this clause—

emergency worker means a member of the police force or a person who is an emergency worker as defined by the regulations for the purposes of this clause.

3—Driving to attend education or training

        (1)         For the purposes of sections 75A(21) and  81A(17), driving a motor vehicle by the shortest practicable route between—

            (a)         a place at which the driver resides (whether temporarily or permanently); and

            (b)         a place at which the driver participates in—

                  (i)         recognised secondary education or training; or

                  (ii)         recognised tertiary education or training; or

                  (iii)         recognised vocational education and training,

for the purposes of participating in such education or training is driving the motor vehicle in prescribed circumstances.

        (2)         For the purposes of section 75B(1), driving a motor bike by the shortest practicable route between—

            (a)         a place at which the driver resides (whether temporarily or permanently); and

            (b)         a place at which the driver participates in—

                  (i)         recognised tertiary education or training; or

                  (ii)         recognised vocational education and training,

for the purposes of participating in such education or training is driving the motor bike in prescribed circumstances.

        (3)         In this clause—

recognised secondary education or training means a course of education or training provided by a secondary education provider and in which participants must be enrolled (other than a course of a kind declared by the regulations to be excluded from this definition);

recognised tertiary education or training means a course of education or training provided by a tertiary education provider and in which participants must be enrolled (other than a course of a kind declared by the regulations to be excluded from this definition);

recognised vocational education and training means a course of education and training provided by a vocational education and training provider and in which participants must be enrolled (other than a course of a kind declared by the regulations to be excluded from this definition).

4—Driving to participate in activities

        (1)         For the purposes of sections 75A(21) and  81A(17), driving a motor vehicle by the shortest practicable route between—

            (a)         a place at which the driver resides (whether temporarily or permanently); and

            (b)         a place at which the driver engages in recognised activity participation,

for the purposes of the recognised activity participation is driving the vehicle in prescribed circumstances.

        (1a)         For the purposes of section 75B(1), driving a motor bike by the shortest practicable route between—

            (a)         a place at which the driver resides (whether temporarily or permanently); and

            (b)         a place at which the driver participates in a sporting activity,

for the purposes of recognised sporting activity participation is driving the motor bike in prescribed circumstances.

        (2)         In this clause—

recognised activity means—

            (a)         a sporting, artistic, charitable, religious or scientific activity; or

            (b)         an activity of a kind prescribed by the regulations for the purposes of this definition;

recognised activity participation means participation in a recognised activity that is provided or organised by an association, club or other organisation (other than participation of a kind declared by the regulations to be excluded from this definition);

recognised sporting activity participation means participation in a sporting activity that is provided or organised by an association, club or other organisation (other than participation of a kind declared by the regulations to be excluded from this definition).

5—Driving for work purposes

        (1)         For the purposes of sections 75A(21), 75B(1) and  81A(17), driving a motor vehicle—

            (a)         by the shortest practicable route between—

                  (i)         a place at which the driver resides (whether temporarily or permanently); and

                  (ii)         a place at which the driver undertakes work; or

            (b)         as required in the course of undertaking work,

is driving the vehicle in prescribed circumstances.

        (2)         For the purposes of section 81A(19), driving a motor vehicle as required in the course of undertaking work (other than work that is unpaid work experience or other work as a volunteer) is driving the vehicle in prescribed circumstances.

        (3)         In this clause—

work means work, in any capacity, for a person conducting a business or undertaking, or as a self-employed person conducting a business or undertaking, and includes work as an apprentice or trainee, work in the form of unpaid work experience or work as a volunteer.