South Australian Consolidated Acts South Australian Consolidated Acts81A—Provisional licences
(1) 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
police officer; 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 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 against the Criminal Law Consolidation Act 1935 ; or
(b) an
offence that attracts 4 or more demerit points; or
(c) a
speeding offence that attracts 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 attracted 3 or more
demerit points; or
(d) a
combination of a red light offence and a speeding offence arising out of the
same incident; or
(e) any
offence committed by the holder of a licence who has previously been
disqualified from holding or obtaining a licence or learner's permit in this
State;
"speeding offence" has the same meaning as in section 79B of the Road
Traffic Act 1961 .
(2) Without derogating
from any other provision of this Act, if an applicant for the issue of a
licence—
(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
(c)
holds an interstate non-provisional licence but is under the age of 19 years;
or
(i)
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)—
(A) while the holder of a
provisional licence or interstate provisional licence; or
(B) after the expiry of such a licence but
before obtaining a non-provisional licence or
interstate non-provisional licence; and
(ii)
has not held a non-provisional licence or
interstate non-provisional licence since the end of the period of
disqualification,
a licence issued to the applicant is a P1 licence.
(3) A P1 licence 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 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 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;
(c) in
the case of a licence issued to an applicant referred to in
subsection (2)(d) 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 am unless—
(i)
the driver is accompanied by a person acting as a
qualified supervising driver for the holder of a licence; and
(ii)
no other passenger is present in the vehicle.
(4) Subject to this
Act, the conditions imposed on a P1 licence by subsection (3) 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.
(5) Despite
subsection (2), the Registrar may issue a P2 licence to an applicant
referred to in that subsection but only if—
(i)
is not an applicant referred to in
subsection (2)(d); 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
(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 (2)(d), 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 (2)(d), have been conducted since the end of the period of
disqualification).
(6) A P2 licence 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 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 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.
(7) Subject to this
Act, the holder of a P2 licence cannot apply for the issue of a licence that
is not subject to P2 licence conditions unless the person has held the
P2 licence for the prescribed period.
(8) However—
(a)
subject to paragraph (b), if the person would be under the age of
19 years when the prescribed period elapses, the person cannot apply for
the issue of a licence that is not subject to P2 licence conditions until he
or she turns 19;
(b) if
the person incurs any demerit points in respect of offences committed or
allegedly committed while under the age of 19 years and the person would
be under the age of 20 years when the prescribed period elapses, the
person cannot apply for the issue of a licence that is not subject to
P2 licence conditions until he or she turns 20.
(9) A court that
disqualifies a person from holding or obtaining a licence or learner's permit
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 (5)(b) applies as if each reference in that
provision to 2 years was a reference to 2 years plus the period of the
extension.
(10) If—
(a) a
P1 licence is issued to an applicant referred to in subsection (2)(d)
subject to the alcohol interlock scheme conditions in addition to the
conditions imposed by subsection (3); and
(b) the
period for which the licence is required to be subject to the
alcohol interlock scheme conditions is greater than 2 years,
subsection (5)(b) applies as if each reference in that provision to
2 years was a reference to the period referred to in paragraph (b).
(11) Despite any other
provision of this section, if an 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 is an applicant
referred to in subsection (2);
(e)
reduce the period for which conditions would otherwise apply to the person
under this section.
(12) If an applicant
is not willing to accept a provisional licence, the Registrar must refuse to
issue a licence to the applicant.
(13) The holder of a
provisional licence must not contravene a condition of the licence.
Maximum penalty: $1 250.
(14) The holder of a
provisional licence 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.
(15) The holder of a
P1 licence must not—
(a)
drive a motor bike on a road unless a plate bearing the letter "P" 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 "P" are affixed to the vehicle in accordance with the regulations.
Maximum penalty: $1 250.
(16) The holder of a
P1 or P2 licence must not, if he or she is under the age of 25 years,
drive a high powered vehicle.
Maximum penalty: $1 250.
(17) Subject to the
regulations, the Registrar may, on application by the holder of a P1 or P2
licence and payment of the fee (if any) prescribed by regulation, grant the
holder an exemption from subsection (16) for such a term and subject to
such conditions as the Registrar thinks fit.
(19) 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 (13) of
contravening the condition referred to in subsection (3)(a) or
subsection (6)(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 (13); 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.
(20) Section 175 of
the Road Traffic Act 1961 applies in relation to—
(a) an
offence against subsection (13) of contravening the condition referred to
in subsection (3)(b) or subsection (6)(b); or
(b) an
offence against subsection (14),
as if a reference in that section to an offence against that Act was a
reference to an offence against subsection (13) or (14).