Motor Vehicles (Expiation Fees) Amendment Regulations 2022 (SA)

South Australia

Motor Vehicles (Expiation Fees) Amendment Regulations 2022

under the Motor Vehicles Act 1959

Contents

Part 1—Preliminary

1 Short title
2 Commencement

Part 2—Amendment of Motor Vehicles Regulations 2010

3            Amendment of Schedule 4—Demerit points
4            Substitution of Schedule 5
Schedule 5—Expiation fees
1Offences against Motor Vehicles Act 1959
2            Offences against these regulations

Part 1—Preliminary

1—Short title
These regulations may be cited as the Motor Vehicles (Expiation Fees) Amendment Regulations 2022.
2—Commencement
These regulations come into operation on 1 July 2022.

Part 2—Amendment of Motor Vehicles Regulations 2010

3—Amendment of Schedule 4—Demerit points
Schedule 4, Part 2, clause 7, table, item relating to section 81AC(3) of Motor Vehicles Act 1959, column 2, description of offence—delete the description and substitute:
Contravening condition of prescribed motor bike licence referred to in section 81AC(2) of Act

4—Substitution of Schedule 5
Schedule 5—delete the Schedule and substitute:
Schedule 5—Expiation fees
1—Offences against Motor Vehicles Act 1959

Section

Description of offence against Motor Vehicles Act 1959

Fee

9(1)

Driving unregistered motor vehicle on road or causing unregistered motor vehicle to stand on road

$436

9(3)

Being owner of unregistered motor vehicle driven or found standing on road

$436

16(9)

Driving motor vehicle without carrying permit under section 16 of Act

$153

16(11)

Contravening condition of permit under section 16 of Act

$126

43A(3)

Causing or permitting unregistered heavy vehicle to be driven on road

$436

43A(7)

Failing to carry temporary configuration certificate in vehicle or to produce it for inspection by police officer or authorised officer

$61

47(1)

Driving, or causing to stand, motor vehicle not bearing number plates

$770

47(1a)

Being registered owner or registered operator of motor vehicle driven, or caused to stand, in contravention of section 47(1) of Act

$770

47A(7)

Driving motor vehicle to which is attached number plates in respect of which a declaration under section 47A(2) of Act has been made without relevant agreement under section 47A(4)

$770

47B(2)

Selling or supplying number plates without approval of Minister

$770

47C(3)

Failing to comply with direction of Registrar under section 47C(2) of Act

$349

47D(1)(a)

Driving, or causing to stand, motor vehicle to which is attached number plate bearing number other than number allotted to vehicle

$770

47D(1)(b)

Driving, or causing to stand, motor vehicle to which is attached number plate altered, defaced, mutilated or added to

$770

47D(1)(c)

Driving, or causing to stand, motor vehicle to which is attached colourable imitation of number plate

$770

47D(1)(d)

Without lawful excuse, having in possession number plate or article resembling number plate

$770

47D(2)

Being registered owner or registered operator of motor vehicle driven, or caused to stand, in contravention of section 47D(1)(a), (b) or (c) of Act

$770

56

Failing to comply with requirements of section on transfer of ownership of motor vehicle—

failing to lodge notice of transfer of ownership of motor vehicle within 14 days after transfer in accordance with section 56(b)(ii) where application for cancellation of registration has not been made in accordance with section 56(a)

$291

66(2)

If motor vehicle to which trade plates are affixed is driven other than for a prescribed purpose stated in application for issue of the plates, being driver or person to whom plates were issued

$149

71B(2)

Failure by person to whom replacement number plate, trade plate or prescribed document issued to return found or recovered original plate or document to Registrar

$149

72A(2)

Acting as qualified supervising driver while having prescribed concentration of alcohol in blood or prescribed drug in oral fluid or blood

$303

74(1)

Driving motor vehicle without currently holding appropriate licence or learner's permit

$527

75A(14)

Contravening condition of learner's permit

$397

75A(15)(a)

Holder of learner's permit driving motor bike on road while no L plate affixed to bike in accordance with regulations

$397

75A(15)(b)

Holder of learner's permit driving motor vehicle (other than motor bike) on road while L plates not affixed to vehicle in accordance with regulations—

only 1 L plate affixed to vehicle in accordance with regulations

$230

no L plates affixed to vehicle in accordance with regulations

$397

75A(20)

Holder of prescribed learner's permit driving motor bike between midnight and 5.00 a.m.

$397

75A(24)

Holder of learner's permit driving motor bike on road carrying person on motor bike

$397

75A(25)

Holder of learner's permit driving motor bike on road towing vehicle by use of motor bike

$397

75B(1)

Holder of restricted motor bike learner's permit driving motor bike on road (other than in prescribed circumstances)

$397

81(4)

Contravening condition endorsed on licence or permit under section 81 of Act

$406

81A(9)

Contravening condition of provisional licence

$397

81A(13)

Holder of P1 or P2 licence under the age of 25 years driving high powered vehicle

$397

81A(15)(a)

Holder of P1 licence driving motor bike on road while no P plate affixed to bike in accordance with regulations

$397

81A(15)(b)

Holder of P1 licence driving motor vehicle (other than motor bike) on road while P plates not affixed to vehicle in accordance with regulations—

only 1 P plate affixed to vehicle in accordance with regulations

$230

no P plates affixed to vehicle in accordance with regulations

$397

81A(16)

Holder of P1 licence under the age of 25 years driving between midnight and 5.00 a.m. without being accompanied by a person acting as qualified supervising driver

$397

81A(18)

Holder of P1 licence under the age of 25 years driving with 2 or more peer passengers in the vehicle without carrying person acting as qualified supervising driver

$397

81AB(5)

Contravening condition of probationary licence

$406

81AC(3)

Contravening condition of prescribed motor bike licence referred to in section 81AC(2) of Act

$786

81B(3)

Failing to comply with requirement made by Registrar

failure to attend lecture

$130

96(1)

Failing to produce licence or learner's permit on request of police officer

$217

97A(3)

Failing to carry or produce licence while driving under section 97A of Act

$217

98AAA(1)

Failing to carry or produce licence while driving heavy vehicle

$217

98AAB

Failing to carry or produce probationary licence, provisional licence or learner's permit while driving

$217

102(1)

Driving uninsured motor vehicle on road or causing uninsured motor vehicle to stand on road

$806

102(2)

Being owner of uninsured motor vehicle driven or found standing on road

$806

136(1)

Failing to notify Registrar of change of name or residence of natural person who is registered owner or registered operator of motor vehicle or holds licence or learner's permit

$214

136(2)

Failing to notify Registrar of change of name or principal place of business of natural person who holds trade plates

$214

136(2a)

Failing to notify Registrar of change of principal place of business of body corporate that is registered owner or registered operator of motor vehicle or holds trade plates

$214

136(2b)

Failing to notify Registrar of change of garage address of motor vehicle

$214

136(2c)

Failing to notify Registrar of change of registered operator of motor vehicle

$214

136(2d)

Failing to notify Registrar of change of postal address

$214

143(1)

Causing or permitting another person to do or omit to do anything in contravention of Act or regulations

causing or permitting commission of expiable offence

the expiation fee prescribed for the expiable offence

2—Offences against these regulations

Section	Description of offence against Motor Vehicles Act 1959	Fee
9(1)	Driving unregistered motor vehicle on road or causing unregistered motor vehicle to stand on road	$436
9(3)	Being owner of unregistered motor vehicle driven or found standing on road	$436
16(9)	Driving motor vehicle without carrying permit under section 16 of Act	$153
16(11)	Contravening condition of permit under section 16 of Act	$126
43A(3)	Causing or permitting unregistered heavy vehicle to be driven on road	$436
43A(7)	Failing to carry temporary configuration certificate in vehicle or to produce it for inspection by police officer or authorised officer	$61
47(1)	Driving, or causing to stand, motor vehicle not bearing number plates	$770
47(1a)	Being registered owner or registered operator of motor vehicle driven, or caused to stand, in contravention of section 47(1) of Act	$770
47A(7)	Driving motor vehicle to which is attached number plates in respect of which a declaration under section 47A(2) of Act has been made without relevant agreement under section 47A(4)	$770
47B(2)	Selling or supplying number plates without approval of Minister	$770
47C(3)	Failing to comply with direction of Registrar under section 47C(2) of Act	$349
47D(1)(a)	Driving, or causing to stand, motor vehicle to which is attached number plate bearing number other than number allotted to vehicle	$770
47D(1)(b)	Driving, or causing to stand, motor vehicle to which is attached number plate altered, defaced, mutilated or added to	$770
47D(1)(c)	Driving, or causing to stand, motor vehicle to which is attached colourable imitation of number plate	$770
47D(1)(d)	Without lawful excuse, having in possession number plate or article resembling number plate	$770
47D(2)	Being registered owner or registered operator of motor vehicle driven, or caused to stand, in contravention of section 47D(1)(a), (b) or (c) of Act	$770
56	Failing to comply with requirements of section on transfer of ownership of motor vehicle—
failing to lodge notice of transfer of ownership of motor vehicle within 14 days after transfer in accordance with section 56(b)(ii) where application for cancellation of registration has not been made in accordance with section 56(a)	$291
66(2)	If motor vehicle to which trade plates are affixed is driven other than for a prescribed purpose stated in application for issue of the plates, being driver or person to whom plates were issued	$149
71B(2)	Failure by person to whom replacement number plate, trade plate or prescribed document issued to return found or recovered original plate or document to Registrar	$149
72A(2)	Acting as qualified supervising driver while having prescribed concentration of alcohol in blood or prescribed drug in oral fluid or blood	$303
74(1)	Driving motor vehicle without currently holding appropriate licence or learner's permit	$527
75A(14)	Contravening condition of learner's permit	$397
75A(15)(a)	Holder of learner's permit driving motor bike on road while no L plate affixed to bike in accordance with regulations	$397
75A(15)(b)	Holder of learner's permit driving motor vehicle (other than motor bike) on road while L plates not affixed to vehicle in accordance with regulations—
only 1 L plate affixed to vehicle in accordance with regulations	$230
no L plates affixed to vehicle in accordance with regulations	$397
75A(20)	Holder of prescribed learner's permit driving motor bike between midnight and 5.00 a.m.	$397
75A(24)	Holder of learner's permit driving motor bike on road carrying person on motor bike	$397
75A(25)	Holder of learner's permit driving motor bike on road towing vehicle by use of motor bike	$397
75B(1)	Holder of restricted motor bike learner's permit driving motor bike on road (other than in prescribed circumstances)	$397
81(4)	Contravening condition endorsed on licence or permit under section 81 of Act	$406
81A(9)	Contravening condition of provisional licence	$397
81A(13)	Holder of P1 or P2 licence under the age of 25 years driving high powered vehicle	$397
81A(15)(a)	Holder of P1 licence driving motor bike on road while no P plate affixed to bike in accordance with regulations	$397
81A(15)(b)	Holder of P1 licence driving motor vehicle (other than motor bike) on road while P plates not affixed to vehicle in accordance with regulations—
only 1 P plate affixed to vehicle in accordance with regulations	$230
no P plates affixed to vehicle in accordance with regulations	$397
81A(16)	Holder of P1 licence under the age of 25 years driving between midnight and 5.00 a.m. without being accompanied by a person acting as qualified supervising driver	$397
81A(18)	Holder of P1 licence under the age of 25 years driving with 2 or more peer passengers in the vehicle without carrying person acting as qualified supervising driver	$397
81AB(5)	Contravening condition of probationary licence	$406
81AC(3)	Contravening condition of prescribed motor bike licence referred to in section 81AC(2) of Act	$786
81B(3)	Failing to comply with requirement made by Registrar
failure to attend lecture	$130
96(1)	Failing to produce licence or learner's permit on request of police officer	$217
97A(3)	Failing to carry or produce licence while driving under section 97A of Act	$217
98AAA(1)	Failing to carry or produce licence while driving heavy vehicle	$217
98AAB	Failing to carry or produce probationary licence, provisional licence or learner's permit while driving	$217
102(1)	Driving uninsured motor vehicle on road or causing uninsured motor vehicle to stand on road	$806
102(2)	Being owner of uninsured motor vehicle driven or found standing on road	$806
136(1)	Failing to notify Registrar of change of name or residence of natural person who is registered owner or registered operator of motor vehicle or holds licence or learner's permit	$214
136(2)	Failing to notify Registrar of change of name or principal place of business of natural person who holds trade plates	$214
136(2a)	Failing to notify Registrar of change of principal place of business of body corporate that is registered owner or registered operator of motor vehicle or holds trade plates	$214
136(2b)	Failing to notify Registrar of change of garage address of motor vehicle	$214
136(2c)	Failing to notify Registrar of change of registered operator of motor vehicle	$214
136(2d)	Failing to notify Registrar of change of postal address	$214
143(1)	Causing or permitting another person to do or omit to do anything in contravention of Act or regulations
causing or permitting commission of expiable offence	the expiation fee prescribed for the expiable offence

Regulation

Description of offence against these regulations

Fee

36(1)

Driving motor vehicle on road while number plate or trade plate obscured or distorted by device or substance

$527

36(4)

Driving motor vehicle on road while number plate on bike rack obscured or distorted by device or substance

$527

55E

Failing to carry or produce certificate of exemption while driving a high powered vehicle

$237

74(7)

Contravening or failing to comply with requirements of regulation concerning written‑off vehicle notices or notification

alleged offence not committed in the course of a trade or business

$352

75(1)

Driving written‑off vehicle to or from place other than place specified in regulation

alleged offence not committed in the course of a trade or business

$352

Regulation	Description of offence against these regulations	Fee
36(1)	Driving motor vehicle on road while number plate or trade plate obscured or distorted by device or substance	$527
36(4)	Driving motor vehicle on road while number plate on bike rack obscured or distorted by device or substance	$527
55E	Failing to carry or produce certificate of exemption while driving a high powered vehicle	$237
74(7)	Contravening or failing to comply with requirements of regulation concerning written‑off vehicle notices or notification
alleged offence not committed in the course of a trade or business	$352
75(1)	Driving written‑off vehicle to or from place other than place specified in regulation
alleged offence not committed in the course of a trade or business	$352

Editorial note—
As required by section 10AA(2) of the Legislative Instruments Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 10 June 2022

No 32 of 2022