South Australian Numbered Acts South Australian Numbered Acts12—Amendment of section 81A—Provisional licences
(1) Section
81A—before subsection (1) insert:
(a1) 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
member of the police force; 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 from
holding or obtaining an interstate licence 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 that incurs 4 or more demerit points; or
(b) a
speeding offence that incurs 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 incurred 3 or more
demerit points; or
(c) a
combination of a red light offence and a speeding offence arising out of the
same incident; or
(d) any
offence committed by the holder of a licence who has previously been
disqualified from holding or obtaining a licence or learner's permit under
this Act;
"speeding offence" has the same meaning as in section 79B of the
Road Traffic Act 1961 .
(2) Section
81A(1)(a),(b),(ba) and (c)—delete paragraphs (a), (b),(ba) and (c) and
substitute:
(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
(ba)
holds an interstate non-provisional licence but is under the age of 19 years;
or
(c) has
been disqualified from holding or obtaining a licence in this State, or from
holding or obtaining an interstate licence 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 the holder of a
provisional licence or interstate provisional licence and has not held a
non-provisional licence or interstate non-provisional licence since the end of
the period of disqualification,
(3) Section
81A(1)—after "such an applicant" insert:
is a P1 licence and
(4) Section
81A(1)—after paragraph (e) insert:
(f) in
the case of a licence issued to an applicant referred to in subsection (1)(c)
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 a.m. unless accompanied by a person acting as a
qualified supervising driver for the holder of a licence.
(5) Section 81A (1aa),
(1a), (2), (2aa), (2a) and (3)—delete subsections (1aa), (1a), (2),
(2aa), (2a) and (3) and substitute:
(2) Subject to this
Act, the conditions imposed on a P1 licence under subsection (1) 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.
(3) Despite subsection
(1), 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 (1)(c); 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
(1)(c), 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 (1)(c),
have been conducted since the end of the period of disqualification).
(3a) A P2 licence
issued to a person 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 there is present in
his or her blood the prescribed concentration of alcohol;
(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.
(3b) Subject to this
Act, the conditions imposed on a P2 licence under subsection (3a) are
effective—
(a) in
the case of a licence issued to a person under the age of 19 years—
(i)
if the person incurs one or more demerit points before he
or she turns 19—
(A) until he or she turns 20; or
(B) until the prescribed period has
elapsed,
whichever occurs later; or
(ii)
if the person does not incur any demerit points before he
or she turns 19—
(A) until he or she turns 19; or
(B) until the prescribed period has
elapsed,
whichever occurs later;
(b) in
any other case—for the prescribed period.
(3c) A court that
disqualifies a person from holding or obtaining a licence 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 (3)(b) applies as if each reference in that provision to 2
years were a reference to 2 years plus the period of the extension.
(3d) If—
(a) a P1
licence is issued to an applicant referred to in subsection (1)(c) subject to
the alcohol interlock scheme conditions in addition to the conditions imposed
under subsection (1); and
(b) the
period for which the licence is required under this Act or the
Road Traffic Act 1961 to be subject to the alcohol interlock scheme
conditions is greater than 2 years,
subsection (3)(b) applies as if each reference in that provision to 2
years were a reference to the period referred to in paragraph (b).
(3e) Despite any other
provision of this section, where the 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 does not satisfy the
requirements of subsection (3);
(e)
reduce the period for which conditions would otherwise apply to the person
under this section.
(6) Section
81A(5a)—delete "provisional licence" and substitute:
P1 licence
(7) Section
81A(6)—delete subsection (6) and substitute:
(6) Sections 47C, 47D,
47E, 47G and 47GA of the Road Traffic Act 1961 apply in relation to an
offence against subsection (5) of contravening the condition referred to in
subsection (1)(ca) or subsection (3a)(a) as if—
(a) a
reference in any of those sections to an offence against that Act were a
reference to an offence against subsection (5); and
(b) a
reference in any of those sections to the prescribed concentration of alcohol
as defined in section 47A of that Act were a reference to the
prescribed concentration of alcohol as defined in subsection (a1).
(8) Section
81A(10)(a)—after "subsection (1)(d)" insert:
or subsection (3a)(b)