Motor Vehicles (Expiation Fees) Variation Regulations 2012 (SA)

South Australia

Motor Vehicles (Expiation Fees) Variation Regulations 2012

under the Motor Vehicles Act 1959

Contents

Part 1—Preliminary

1            Short title
2            Commencement
3            Variation provisions

Part 2—Variation of Motor Vehicles Regulations 2010

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) Variation Regulations 2012.
2—Commencement
These regulations will come into operation on 1 July 2012.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Motor Vehicles Regulations 2010

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

$325

9(3)

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

$325

16(9)

Driving motor vehicle without carrying permit under section 16 of Act

$119

16(11)

Contravening condition of permit under section 16 of Act

$99

43A(3)

Causing or permitting unregistered heavy vehicle to be driven on road

$325

43A(7)

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

$49

47(1)

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

$601

47(1a)

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

$601

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)

$601

47B(2)

Selling or supplying number plates without approval of Minister

$601

47C(3)

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

$272

47D(1)(a)

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

$601

47D(1)(b)

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

$601

47D(1)(c)

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

$601

47D(1)(d)

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

$601

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

$601

48(3)

Driving, or causing to stand, registered heavy vehicle not carrying registration label (or amended registration label) issued for vehicle or carrying registration label not in conformity with section 48 of Act or these regulations

$119

48(3a)

Being registered owner or registered operator of heavy vehicle driven, or caused to stand, in contravention of section 48(3) of Act

$119

53(1)(a)

Driving, or causing to stand, motor vehicle on which is affixed registration label, or in which is carried permit, no longer in force or issued in respect of another vehicle

$116

53(1)(b)

Driving, or causing to stand, motor vehicle on which is affixed registration label, or in which is carried permit, that has been altered, defaced, mutilated or added to

$116

53(1)(c)

Driving, or causing to stand, motor vehicle on which is affixed colourable imitation of registration label or in which is carried colourable imitation of permit

$116

53(1)(d)

Without lawful excuse, having in possession registration label, permit or article resembling registration label or permit

$116

53(1a)

Being registered owner or registered operator of motor vehicle driven, or caused to stand, in contravention of section 53(1)(a),(b) or (c) of Act

$116

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)

$227

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

$116

71B(2)

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

$116

72A(2)

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

$236

74(1)

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

$413

75A(14)

Contravening condition of learner's permit

$317

75A(15)(a)

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

$317

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

$185

no L plates affixed to vehicle in accordance with regulations

$317

81(4)

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

$317

81A(13)

Contravening condition of provisional licence

$317

81A(15)(a)

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

$317

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

$185

no P plates affixed to vehicle in accordance with regulations

$317

81A(16)

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

$317

81AB(5)

Contravening condition of probationary licence

$317

81B(3)

Failing to comply with requirement made by Registrar

failure to attend lecture

$101

96(1)

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

$170

97A(3)

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

$170

98AAA(1)

Failing to carry or produce licence while driving heavy vehicle

$170

98AAB

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

$170

102(1)

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

$601

102(2)

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

$601

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

$167

136(2)

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

$167

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

$167

136(2b)

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

$167

136(2c)

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

$167

136(2d)

Failing to notify Registrar of change of postal address

$167

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

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

$413

36(4)

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

$413

55E

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

$185

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

$275

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

$275

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	$325
9(3)	Being owner of unregistered motor vehicle driven or found standing on road	$325
16(9)	Driving motor vehicle without carrying permit under section 16 of Act	$119
16(11)	Contravening condition of permit under section 16 of Act	$99
43A(3)	Causing or permitting unregistered heavy vehicle to be driven on road	$325
43A(7)	Failing to carry temporary configuration certificate in vehicle or to produce it for inspection by police officer or authorised officer	$49
47(1)	Driving, or causing to stand, motor vehicle not bearing number plates	$601
47(1a)	Being registered owner or registered operator of motor vehicle driven, or caused to stand, in contravention of section 47(1) of Act	$601
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)	$601
47B(2)	Selling or supplying number plates without approval of Minister	$601
47C(3)	Failing to comply with direction of Registrar under section 47C(2) of Act to return number plates	$272
47D(1)(a)	Driving, or causing to stand, motor vehicle to which is attached number plate bearing number other than number allotted to vehicle	$601
47D(1)(b)	Driving, or causing to stand, motor vehicle to which is attached number plate altered, defaced, mutilated or added to	$601
47D(1)(c)	Driving, or causing to stand, motor vehicle to which is attached colourable imitation of number plate	$601
47D(1)(d)	Without lawful excuse, having in possession number plate or article resembling number plate	$601
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	$601
48(3)	Driving, or causing to stand, registered heavy vehicle not carrying registration label (or amended registration label) issued for vehicle or carrying registration label not in conformity with section 48 of Act or these regulations	$119
48(3a)	Being registered owner or registered operator of heavy vehicle driven, or caused to stand, in contravention of section 48(3) of Act	$119
53(1)(a)	Driving, or causing to stand, motor vehicle on which is affixed registration label, or in which is carried permit, no longer in force or issued in respect of another vehicle	$116
53(1)(b)	Driving, or causing to stand, motor vehicle on which is affixed registration label, or in which is carried permit, that has been altered, defaced, mutilated or added to	$116
53(1)(c)	Driving, or causing to stand, motor vehicle on which is affixed colourable imitation of registration label or in which is carried colourable imitation of permit	$116
53(1)(d)	Without lawful excuse, having in possession registration label, permit or article resembling registration label or permit	$116
53(1a)	Being registered owner or registered operator of motor vehicle driven, or caused to stand, in contravention of section 53(1)(a),(b) or (c) of Act	$116
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)	$227
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	$116
71B(2)	Failure by person to whom replacement number plate, trade plate or prescribed document or duplicate registration label issued to return found or recovered original plate, document or label to Registrar	$116
72A(2)	Acting as qualified supervising driver while having prescribed concentration of alcohol in blood or prescribed drug in oral fluid or blood	$236
74(1)	Driving motor vehicle without currently holding appropriate licence or learner's permit	$413
75A(14)	Contravening condition of learner's permit	$317
75A(15)(a)	Holder of learner's permit driving motor bike on road while no L plate affixed to bike in accordance with regulations	$317
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	$185
no L plates affixed to vehicle in accordance with regulations	$317
81(4)	Contravening condition endorsed on licence or permit under section 81 of Act	$317
81A(13)	Contravening condition of provisional licence	$317
81A(15)(a)	Holder of P1 licence driving motor bike on road while no P plate affixed to bike in accordance with regulations	$317
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	$185
no P plates affixed to vehicle in accordance with regulations	$317
81A(16)	Holder of P1 or P2 licence under the age of 25 years driving a high powered vehicle	$317
81AB(5)	Contravening condition of probationary licence	$317
81B(3)	Failing to comply with requirement made by Registrar
failure to attend lecture	$101
96(1)	Failing to produce licence or learner's permit on request of police officer	$170
97A(3)	Failing to carry or produce licence while driving under section 97A of Act	$170
98AAA(1)	Failing to carry or produce licence while driving heavy vehicle	$170
98AAB	Failing to carry or produce probationary licence, provisional licence or learner's permit while driving	$170
102(1)	Driving uninsured motor vehicle on road or causing uninsured motor vehicle to stand on road	$601
102(2)	Being owner of uninsured motor vehicle driven or found standing on road	$601
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	$167
136(2)	Failing to notify Registrar of change of name or principal place of business of natural person who holds trade plates	$167
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	$167
136(2b)	Failing to notify Registrar of change of garage address of motor vehicle	$167
136(2c)	Failing to notify Registrar of change of registered operator of motor vehicle	$167
136(2d)	Failing to notify Registrar of change of postal address	$167
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	$413
36(4)	Driving motor vehicle on road while number plate on bike rack obscured or distorted by device or substance	$413
55E	Failing to carry or produce certificate of exemption while driving a high powered vehicle	$185
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	$275
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	$275

Note—
As required by section 10AA(2) of the Subordinate Legislation 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 31 May 2012

No 60 of 2012

12MPO/011