South Australian Numbered Acts South Australian Numbered Acts10—Substitution of section 79A
Section 79A—delete the section and substitute:
79A—Driving experience required for issue of licence
(1) Subject to this section, the Registrar must not issue a licence authorising the driving of a motor bike to an applicant who has not held such a licence during the period of 5 years immediately preceding the date of the application unless—
(a) in the case of an applicant who has been disqualified from holding or obtaining a licence or learner's permit in this State, or 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 applicant held a learner's permit or interstate learner's permit (provided the applicant did not also hold a licence or interstate licence in respect of another class of motor vehicle) or after the expiry of such a permit but before obtaining any licence or interstate licence, and the applicant has not held a licence or interstate licence since the end of the period of disqualification—the applicant has held a learner's permit authorising the holder to drive a motor bike for periods totalling at least 12 months of which there must be a continuous period of not less than 3 months since the end of the period of disqualification; or
(b) in any other case—the applicant has held a learner's permit authorising the holder to drive a motor bike for a continuous period of at least 12 months.
(2) Subject to this section, the Registrar must not issue a licence authorising the driving of a motor vehicle (other than a motor bike) to an applicant who has not held a licence during the period of 5 years immediately preceding the date of the application unless—
(a) in the case of an applicant under the age of 25—
(i) if the applicant has been disqualified from holding or obtaining a licence or learner's permit in this State, or 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 applicant held a learner's permit or interstate learner's permit (provided the applicant did not also hold a licence or interstate licence in respect of another class of motor vehicle) or after the expiry of such a permit but before obtaining any licence or interstate licence, and the applicant has not held a licence or interstate licence since the end of the period of disqualification—the applicant has held a learner's permit for periods totalling at least 12 months of which there must be a continuous period of not less than 3 months since the end of the period of disqualification; or
(ii) in any other case—the applicant has held a learner's permit for a continuous period of at least 12 months; or
(b) in the case of an applicant aged 25 or over—
(i) if the applicant has been disqualified from holding or obtaining a licence or learner's permit in this State, or 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 applicant held a learner's permit or interstate learner's permit (provided the applicant did not also hold a licence or interstate licence in respect of another class of motor vehicle) or after the expiry of such a permit but before obtaining any licence or interstate licence, and the applicant has not held a licence or interstate licence since the end of the period of disqualification—the applicant has held a learner's permit for periods totalling at least 6 months of which there must be a continuous period of not less than 3 months since the end of the period of disqualification; or
(ii) in any other case—the applicant has held a learner's permit for a continuous period of at least 6 months.
(3) Subject to this section, the Registrar must not issue a licence authorising the driving of a motor vehicle to an applicant who has not held such a licence during the period of 5 years immediately preceding the date of the application unless—
(a) the applicant has produced to the Registrar—
(i) a logbook that—
(A) is in a form approved by the Registrar; and
(B) has been completed in accordance with the instructions contained in the logbook so as to verify that the applicant has satisfied the prescribed requirements relating to the applicant's driving experience; or
(ii) other evidence to the satisfaction of the Registrar that the applicant has satisfied the prescribed requirements relating to the applicant's driving experience; and
(b) evidence to the satisfaction of the Registrar that the applicant has passed—
(i) an approved hazard perception test conducted—
(A) by a police officer or an approved tester; or
(B) by a method approved by the Registrar; and
(ii) a practical driving test conducted by an authorised examiner; and
(c) in the case of an applicant for a licence authorising the driving of a motor bike—the applicant has completed the motor bike driver training prescribed by the regulations.
(4) The Registrar may issue a licence to an applicant who has not held a licence at some time during the period of 5 years immediately preceding the date of the application despite the applicant not satisfying the requirements of subsection (1)
, (2)
or (3)
if the applicant satisfies the Registrar, by such evidence as the Registrar may require, that—
(a) the applicant has at some time during the period of 5 years immediately preceding the date of the application held—
(i) an interstate licence; or
(ii) a foreign licence of a type approved by the Registrar by notice in the Gazette; or
(b) the applicant—
(i) has at some time held a licence issued under this Act, an interstate learner's permit, an interstate licence or a licence issued under the law of some other place outside this State; and
(ii) has obtained satisfactory driving experience.
(5) The Registrar may dispense with the requirement that an applicant must have held a learner's permit for the continuous period referred to in subsection (1)(b)
or (2)(b)(ii)
if the Registrar is satisfied that the applicant has held a learner's permit for periods that are sufficient in aggregate.
(6) The Registrar may dispense with the requirement imposed by subsection (3)(a)
if the application is for the issue of a licence of a class prescribed by regulation.
(7) If—
(a) an applicant for a licence has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of an offence committed or allegedly committed (whether in this State or elsewhere)—
(i) while the person held a learner's permit or interstate learner's permit (provided the person did not also hold a licence or interstate licence in respect of another class of motor vehicle); or
(ii) after the expiry of such a permit but before obtaining any licence or interstate licence; and
(b) the applicant has held a licence or interstate licence at some time during the period of 5 years immediately preceding the date of the application but has not held a licence or interstate licence since the end of the period of disqualification,
the Registrar must not issue a licence to the applicant unless—
(c) the applicant has, since the end of the period of disqualification, held a learner's permit for a continuous period of at least 3 months; and
(d) the applicant has produced to the Registrar evidence to the satisfaction of the Registrar that, since the end of the period of disqualification, the applicant has passed—
(i) an approved hazard perception test conducted—
(A) by a police officer or an approved tester; or
(B) by a method approved by the Registrar; and
(ii) a practical driving test conducted by an authorised examiner.
(8) In this section—
"approved hazard perception test" means a test approved by the Registrar as a hazard perception test for the purposes of this Act;
"approved tester" means—
(a) a person appointed by the Registrar to conduct hazard perception tests; or
(b) a person of a class approved by the Registrar to conduct hazard perception tests.