South Australian Consolidated Acts South Australian Consolidated Acts (1) In this
section—
"prescribed concentration of alcohol" means any concentration of alcohol in
the blood;
"service brake" means the brake normally used to decelerate a vehicle.
(2) Subject to this
Act, the Registrar must issue a learner's permit to an applicant if—
(a) the
applicant—
(i)
is at least 16 years of age; and
(ii)
is resident in the State; and
(iii)
has passed the theoretical examination prescribed for the
purposes of section 79; and
(iv)
has complied with any requirements of the Registrar under
section 77B; and
(v)
has complied with any other requirements prescribed by
regulation in relation to the class of motor vehicle in respect of which the
permit is sought; and
(b) the
application—
(i)
is made in a manner and form determined by the Minister;
and
(ii)
is accompanied by the prescribed fee.
(3) A learner's permit
issued to an applicant in respect of a class of motor vehicle remains in force
until the expiration of the period specified in the permit or until a licence
is issued to the applicant in respect of the same class of vehicle (whichever
occurs first).
(4) Subject to this
Act, the Registrar may renew a learner's permit if—
(a) the
applicant has complied with any requirements of the Registrar under
section 77B and any other requirements prescribed by regulation in
relation to the class of motor vehicle in relation to which the permit
applies; and
(b) the
application—
(i)
is made in a manner and form determined by the Minister;
and
(ii)
is accompanied by the prescribed fee.
(5) Subject to
subsection (6), an application for renewal of a learner's permit must be
made before the expiry of that permit.
(6) The Registrar may
renew a learner's permit despite its expiry provided that application for
renewal is made within 12 months of the expiry.
(7) Despite the
renewal of a learner's permit after its expiry, the holder of the permit is
not, for the purposes of this Act, to be taken to have been the holder of the
permit during the period between the expiry of the permit and the date of its
renewal.
(8) If an application
for the issue or renewal of a learner's permit is not entirely in order or the
prescribed fee has not been paid, the Registrar may refuse the application and
return any fee paid in respect of the application.
(9) A learner's
permit—
(a) will
be in a form determined by the Minister; and
(b)
authorises the holder of the permit to drive a motor vehicle of a class
specified in the permit on roads—
(i)
during the period for which the permit remains in force;
and
(ii)
subject to learner's permit conditions; and
(c)
while the learner's permit conditions are complied with, has effect as a
licence.
(10) A learner's
permit is subject to the following conditions:
(a) a
condition that the holder of the permit must not drive a motor vehicle, or
attempt to put a motor vehicle in motion, on a road while the
prescribed concentration of alcohol is present in his or her blood, or a
prescribed drug is present in his or her oral fluid or blood;
(b) a
condition that the holder of the permit 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;
(c) a
condition that the holder of the permit must not drive a motor vehicle on a
road—
(i)
if the motor vehicle is not a motor bike—unless the
holder of the permit is accompanied by a person acting as a
qualified supervising driver for the holder of the permit; or
(A) the motor vehicle is a motor bike; and
(B) the holder of the permit is also the
holder of a P1 licence that is subject to a condition referred to in
section 81A(3)(c); and
(C) the motor bike is being driven between
the hours of midnight and 5.00 am—
unless the holder of the permit carries a person acting as a qualified
supervising driver for the holder of the permit as a passenger on the
motor bike or in a sidecar attached to the motor bike; or
(iii)
if the motor vehicle is a motor bike and
subparagraph (ii) does not apply—unless any person who is carried
by the holder of the permit as a passenger on the motor bike or in a sidecar
attached to the motor bike is acting as a qualified supervising driver for the
holder of the permit;
(i)
limiting the kind of vehicle that may be driven pursuant
to the permit; or
(ii)
limiting the hours during which or the locality within
which a vehicle may be driven pursuant to the permit; or
(iii)
imposing any other restriction,
that the Registrar thinks necessary.
(11) A condition
imposed on a learner's permit by the Registrar under subsection (10)(d)
must be endorsed on the permit.
(12) The condition
referred to in subsection (10)(c) does not apply while the holder of a
learner's permit is driving a motor vehicle during the course of a
practical driving test conducted under this Act.
(13) If an applicant
is not willing to accept a learner's permit subject to learner's permit
conditions, the Registrar must refuse to issue a permit to, or renew the
permit of, the applicant.
(14) The holder of a
learner's permit must not contravene a condition of the permit.
Maximum penalty: $1 250.
(15) The holder of a
learner's permit must not—
(a)
drive a motor bike on a road unless a plate bearing the letter "L" is affixed
to the bike in accordance with the regulations; or
(b)
drive any other motor vehicle on a road unless 2 plates bearing the
letter "L" are affixed to the vehicle in accordance with the regulations.
Maximum penalty: $1 250.
(16) The holder of a
learner's permit must not drive a motor vehicle on a road in any part of the
State at a speed exceeding 100 kilometres an hour.
Maximum penalty: $1 250.
(17)
Subsections (14), (15) and (16) do not apply to the holder of a learner's
permit while he or she is driving a class of motor vehicle that he or she is
authorised to drive under a licence.
(18) Sections 47C,
47D, 47E, 47EAA, 47GA, 47GB and 47K and Schedule 1 of the Road Traffic
Act 1961 apply in relation to an offence against subsection (14) of
contravening the condition referred to in subsection (10)(a) as if—
(a) a
reference in any of those sections to an offence against that Act was a
reference to an offence against subsection (14); and
(b) a
reference in any of those sections to the prescribed concentration of alcohol
as defined in section 47A of that Act was a reference to the
prescribed concentration of alcohol as defined in this section.
(19) Section 175 of
the Road Traffic Act 1961 , applies in relation to—
(a) an
offence against subsection (14) of contravening the condition referred in
subsection (10)(b); or
(b) an
offence against subsection (16),
as if a reference in that section to an offence against that Act was a
reference to an offence against subsection (14) or (16).