Motor Vehicles (Expiation Fees) Amendment Regulations 2023 (SA)

South Australia

Motor Vehicles (Expiation Fees) Amendment Regulations 2023

under the Motor Vehicles Act 1959

Contents

Part 1—Preliminary

1 Short title
2 Commencement

Part 2—Amendment of Motor Vehicles Regulations 2010

3 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 2023.
2—Commencement
These regulations come into operation on 1 July 2023.

Part 2—Amendment of Motor Vehicles Regulations 2010

3—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

$457

9(3)

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

$457

16(9)

Driving motor vehicle without carrying permit under section 16 of Act

$160

16(11)

Contravening condition of permit under section 16 of Act

$132

43A(3)

Causing or permitting unregistered heavy vehicle to be driven on road

$457

43A(7)

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

$64

47(1)

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

$807

47(1a)

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

$807

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)

$807

47B(2)

Selling or supplying number plates without approval of Minister

$807

47C(3)

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

$366

47D(1)(a)

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

$807

47D(1)(b)

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

$807

47D(1)(c)

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

$807

47D(1)(d)

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

$807

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

$807

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)

$305

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

$156

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

$156

72A(2)

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

$318

74(1)

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

$552

75A(14)

Contravening condition of learner's permit

$416

75A(15)(a)

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

$416

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

$241

no L plates affixed to vehicle in accordance with regulations

$416

75A(20)

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

$416

75A(24)

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

$416

75A(25)

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

$416

75B(1)

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

$416

81(4)

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

$425

81A(9)

Contravening condition of provisional licence

$416

81A(13)

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

$416

81A(15)(a)

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

$416

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

$241

no P plates affixed to vehicle in accordance with regulations

$416

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

$416

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

$416

81AB(5)

Contravening condition of probationary licence

$425

81AC(3)

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

$824

81B(3)

Failing to comply with requirement made by Registrar

failure to attend lecture

$136

96(1)

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

$227

97A(3)

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

$227

98AAA(1)

Failing to carry or produce licence while driving heavy vehicle

$227

98AAB

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

$227

102(1)

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

$845

102(2)

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

$845

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

$224

136(2)

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

$224

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

$224

136(2b)

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

$224

136(2c)

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

$224

136(2d)

Failing to notify Registrar of change of postal address

$224

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	$457
9(3)	Being owner of unregistered motor vehicle driven or found standing on road	$457
16(9)	Driving motor vehicle without carrying permit under section 16 of Act	$160
16(11)	Contravening condition of permit under section 16 of Act	$132
43A(3)	Causing or permitting unregistered heavy vehicle to be driven on road	$457
43A(7)	Failing to carry temporary configuration certificate in vehicle or to produce it for inspection by police officer or authorised officer	$64
47(1)	Driving, or causing to stand, motor vehicle not bearing number plates	$807
47(1a)	Being registered owner or registered operator of motor vehicle driven, or caused to stand, in contravention of section 47(1) of Act	$807
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)	$807
47B(2)	Selling or supplying number plates without approval of Minister	$807
47C(3)	Failing to comply with direction of Registrar under section 47C(2) of Act	$366
47D(1)(a)	Driving, or causing to stand, motor vehicle to which is attached number plate bearing number other than number allotted to vehicle	$807
47D(1)(b)	Driving, or causing to stand, motor vehicle to which is attached number plate altered, defaced, mutilated or added to	$807
47D(1)(c)	Driving, or causing to stand, motor vehicle to which is attached colourable imitation of number plate	$807
47D(1)(d)	Without lawful excuse, having in possession number plate or article resembling number plate	$807
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	$807
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)	$305
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	$156
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	$156
72A(2)	Acting as qualified supervising driver while having prescribed concentration of alcohol in blood or prescribed drug in oral fluid or blood	$318
74(1)	Driving motor vehicle without currently holding appropriate licence or learner's permit	$552
75A(14)	Contravening condition of learner's permit	$416
75A(15)(a)	Holder of learner's permit driving motor bike on road while no L plate affixed to bike in accordance with regulations	$416
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	$241
no L plates affixed to vehicle in accordance with regulations	$416
75A(20)	Holder of prescribed learner's permit driving motor bike between midnight and 5.00 a.m.	$416
75A(24)	Holder of learner's permit driving motor bike on road carrying person on motor bike	$416
75A(25)	Holder of learner's permit driving motor bike on road towing vehicle by use of motor bike	$416
75B(1)	Holder of restricted motor bike learner's permit driving motor bike on road (other than in prescribed circumstances)	$416
81(4)	Contravening condition endorsed on licence or permit under section 81 of Act	$425
81A(9)	Contravening condition of provisional licence	$416
81A(13)	Holder of P1 or P2 licence under the age of 25 years driving high powered vehicle	$416
81A(15)(a)	Holder of P1 licence driving motor bike on road while no P plate affixed to bike in accordance with regulations	$416
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	$241
no P plates affixed to vehicle in accordance with regulations	$416
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	$416
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	$416
81AB(5)	Contravening condition of probationary licence	$425
81AC(3)	Contravening condition of prescribed motor bike licence referred to in section 81AC(2) of Act	$824
81B(3)	Failing to comply with requirement made by Registrar
failure to attend lecture	$136
96(1)	Failing to produce licence or learner's permit on request of police officer	$227
97A(3)	Failing to carry or produce licence while driving under section 97A of Act	$227
98AAA(1)	Failing to carry or produce licence while driving heavy vehicle	$227
98AAB	Failing to carry or produce probationary licence, provisional licence or learner's permit while driving	$227
102(1)	Driving uninsured motor vehicle on road or causing uninsured motor vehicle to stand on road	$845
102(2)	Being owner of uninsured motor vehicle driven or found standing on road	$845
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	$224
136(2)	Failing to notify Registrar of change of name or principal place of business of natural person who holds trade plates	$224
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	$224
136(2b)	Failing to notify Registrar of change of garage address of motor vehicle	$224
136(2c)	Failing to notify Registrar of change of registered operator of motor vehicle	$224
136(2d)	Failing to notify Registrar of change of postal address	$224
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

$552

36(4)

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

$552

55E

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

$248

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

$369

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

$369

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	$552
36(4)	Driving motor vehicle on road while number plate on bike rack obscured or distorted by device or substance	$552
55E	Failing to carry or produce certificate of exemption while driving a high powered vehicle	$248
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	$369
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	$369

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's Deputy

with the advice and consent of the Executive Council

on 18 May 2023

No 36 of 2023