South Australian Consolidated Acts

MOTOR VEHICLES ACT 1959 - SECT 81AB

81AB—Probationary licences

        (1)         Without derogating from any other provision of this Act, where a person applies for the issue of a driver's licence following a period of disqualification from holding or obtaining such a licence imposed in prescribed circumstances, a licence issued to the applicant is subject to the following conditions:

            (a)         a condition that the holder of the licence must carry the licence at all times while driving a motor vehicle on a road pursuant to the licence;

            (b)         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;

            (c)         a condition that the holder of the licence must not incur two or more demerit points.

        (2)         Subsection (1) does not apply where a person applies for the issue of a driver's licence following a period of disqualification—

            (a)         if the disqualification did not result in the cancellation of any driver's licence held by the person; or

            (b)         if the person is required to be issued a provisional licence.

        (3)         Subject to subsection (3a) or (3b), the conditions imposed under subsection (1) are effective for a period of one year or, if the court by which the order of disqualification was made ordered that the conditions were to be effective for a greater period, the period ordered by the court.

        (3a)         Where a licence is issued subject to the alcohol interlock scheme conditions, the following provisions apply:

            (a)         the licence is subject to a further condition that the holder of the licence must not drive a motor vehicle on a road unless two plates bearing the letter "P" are affixed to the vehicle in accordance with the regulations (in addition to the conditions imposed by subsection (1));

            (b)         the condition under paragraph (a) is effective for the period for which the licence is required to be subject to the alcohol interlock scheme conditions;

            (c)         the conditions imposed by subsection (1) are effective for—

                  (i)         the period for which the licence is required to be subject to the alcohol interlock scheme conditions; or

                  (ii)         12 months,

whichever is the longer period.

        (3b)         If a licence is not issued subject to the alcohol interlock scheme conditions but the application for the licence was made following a period of disqualification ordered by a court for a serious drink driving offence committed on or after the commencement of section 81E, the conditions imposed by subsection (1) are effective for—

            (a)         a period equal to the period of disqualification for the offence ordered by the court; or

            (b)         a period of 3 years,

whichever is the lesser.

        (4)         If an applicant is not willing to accept a probationary licence, the Registrar must refuse to issue a licence to the applicant.

        (5)         A person must not contravene a condition of a probationary licence.

Maximum penalty: $1 250.

        (6)         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 (5) of contravening the condition referred to in subsection (1)(b) 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 this section.

        (7)         In this section—

"prescribed circumstances"—a period of disqualification from holding or obtaining a licence is imposed in prescribed circumstances if the disqualification is imposed—

            (a)         pursuant to section 81B, 81BB, 81C or 81D; or

            (b)         by order of a court in this State or any other State or Territory of the Commonwealth; or

            (c)         in respect of an offence committed whilst the person was not authorised to drive a motor vehicle on a road under this Act;

"prescribed concentration of alcohol" means any concentration of alcohol in the blood.