South Australian Numbered Acts

MOTOR VEHICLES (MOTOR BIKE DRIVER LICENSING) AMENDMENT ACT 2021 (NO 8 OF 2021) - SECT 7

7—Amendment of section 75A—Learner's permit

        (1)         Section 75A(1), definition of "prescribed learner's permit holder —delete the definition and substitute:

"prescribed learner's permit holder" means a person under the age of 25 years who holds a learner's permit authorising the holder to drive a motor bike;

"prescribed locality" means an area in the State defined as a prescribed locality for the purposes of this section—

            (a)         by the regulations; or

            (b)         by the Registrar by notice in the Gazette;

        (2)         Section 75A(2)(a)(v)—delete subparagraph (v) and substitute:

                  (v)         has—

                        (A)         in the case of an applicant for a learner's permit authorising the driving of a motor bike—completed the motor bike driver training prescribed by the regulations and complied with any other requirements prescribed by the regulations; or

                        (B)         in any other case—complied with any other requirements prescribed by the regulations in relation to the class of motor vehicle in respect of which the permit is sought; and

        (3)         Section 75A—after subsection (2) insert:

        (2a)         Despite subsection (2), the Registrar must not issue a learner's permit authorising the driving of a motor bike to a person under 18 years of age unless—

            (a)         the person is at least 16 years of age and the person satisfies the Registrar that the person resides in a prescribed locality; or

            (b)         the person is at least 17 years of age and is the holder of a provisional licence.

        (4)         Section 75A(10)(c)—delete paragraph (c) and substitute:

            (c)         a condition that the holder of the permit must not drive a motor vehicle (other than a motor bike) on a road unless the holder of the permit is accompanied by a person acting as a qualified supervising driver for the holder of the permit;

        (5)         Section 75A(20)—delete subsection (20) and substitute:

        (20)         A prescribed learner's permit holder must not drive a motor bike on a road between the hours of midnight and 5.00 am.

Maximum penalty: $1 250.

        (6)         Section 75A—after subsection (23) insert:

        (24)         The holder of a learner's permit authorising the holder to drive a motor bike must not, while driving a motor bike on a road, carry any person on the motor bike (whether as a passenger on the motor bike or in a sidecar attached to the motor bike).

Maximum penalty: $1 250.

        (25)         The holder of a learner's permit authorising the holder to drive a motor bike must not, while driving a motor bike on a road, tow any vehicle by use of the motor bike.

Maximum penalty: $1 250.