Motor Vehicles (Expiation Fees) Variation Regulations 2018 (SA)

South Australia

Motor Vehicles (Expiation Fees) Variation Regulations 2018

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 2018.
2—Commencement
These regulations will come into operation on 1 July 2018.
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

$374

9(3)

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

$374

16(9)

Driving motor vehicle without carrying permit under section 16 of Act

$137

16(11)

Contravening condition of permit under section 16 of Act

$114

43A(3)

Causing or permitting unregistered heavy vehicle to be driven on road

$374

43A(7)

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

$55

47(1)

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

$692

47(1a)

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

$692

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)

$692

47B(2)

Selling or supplying number plates without approval of Minister

$692

47C(3)

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

$314

47D(1)(a)

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

$692

47D(1)(b)

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

$692

47D(1)(c)

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

$692

47D(1)(d)

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

$692

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

$692

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)

$262

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

$133

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

$133

72A(2)

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

$272

74(1)

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

$474

75A(14)

Contravening condition of learner's permit

$357

75A(15)(a)

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

$357

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

$207

no L plates affixed to vehicle in accordance with regulations

$357

75A(20)

Holder of prescribed learner's permit driving motor bike between midnight and 5.00 a.m. without carrying passenger acting as qualified supervising driver

$357

81(4)

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

$366

81A(9)

Contravening condition of provisional licence

$357

81A(13)

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

$357

81A(15)(a)

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

$357

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

$207

no P plates affixed to vehicle in accordance with regulations

$357

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

$357

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

$357

81AB(5)

Contravening condition of probationary licence

$366

81B(3)

Failing to comply with requirement made by Registrar

failure to attend lecture

$117

96(1)

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

$195

97A(3)

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

$195

98AAA(1)

Failing to carry or produce licence while driving heavy vehicle

$195

98AAB

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

$195

102(1)

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

$692

102(2)

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

$692

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

$192

136(2)

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

$192

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

$192

136(2b)

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

$192

136(2c)

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

$192

136(2d)

Failing to notify Registrar of change of postal address

$192

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

$474

36(4)

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

$474

55E

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

$213

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

$317

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

$317

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	$374
9(3)	Being owner of unregistered motor vehicle driven or found standing on road	$374
16(9)	Driving motor vehicle without carrying permit under section 16 of Act	$137
16(11)	Contravening condition of permit under section 16 of Act	$114
43A(3)	Causing or permitting unregistered heavy vehicle to be driven on road	$374
43A(7)	Failing to carry temporary configuration certificate in vehicle or to produce it for inspection by police officer or authorised officer	$55
47(1)	Driving, or causing to stand, motor vehicle not bearing number plates	$692
47(1a)	Being registered owner or registered operator of motor vehicle driven, or caused to stand, in contravention of section 47(1) of Act	$692
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)	$692
47B(2)	Selling or supplying number plates without approval of Minister	$692
47C(3)	Failing to comply with direction of Registrar under section 47C(2) of Act to return number plates	$314
47D(1)(a)	Driving, or causing to stand, motor vehicle to which is attached number plate bearing number other than number allotted to vehicle	$692
47D(1)(b)	Driving, or causing to stand, motor vehicle to which is attached number plate altered, defaced, mutilated or added to	$692
47D(1)(c)	Driving, or causing to stand, motor vehicle to which is attached colourable imitation of number plate	$692
47D(1)(d)	Without lawful excuse, having in possession number plate or article resembling number plate	$692
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	$692
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)	$262
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	$133
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	$133
72A(2)	Acting as qualified supervising driver while having prescribed concentration of alcohol in blood or prescribed drug in oral fluid or blood	$272
74(1)	Driving motor vehicle without currently holding appropriate licence or learner's permit	$474
75A(14)	Contravening condition of learner's permit	$357
75A(15)(a)	Holder of learner's permit driving motor bike on road while no L plate affixed to bike in accordance with regulations	$357
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	$207
no L plates affixed to vehicle in accordance with regulations	$357
75A(20)	Holder of prescribed learner's permit driving motor bike between midnight and 5.00 a.m. without carrying passenger acting as qualified supervising driver	$357
81(4)	Contravening condition endorsed on licence or permit under section 81 of Act	$366
81A(9)	Contravening condition of provisional licence	$357
81A(13)	Holder of P1 or P2 licence under the age of 25 years driving high powered vehicle	$357
81A(15)(a)	Holder of P1 licence driving motor bike on road while no P plate affixed to bike in accordance with regulations	$357
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	$207
no P plates affixed to vehicle in accordance with regulations	$357
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	$357
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	$357
81AB(5)	Contravening condition of probationary licence	$366
81B(3)	Failing to comply with requirement made by Registrar
failure to attend lecture	$117
96(1)	Failing to produce licence or learner's permit on request of police officer	$195
97A(3)	Failing to carry or produce licence while driving under section 97A of Act	$195
98AAA(1)	Failing to carry or produce licence while driving heavy vehicle	$195
98AAB	Failing to carry or produce probationary licence, provisional licence or learner's permit while driving	$195
102(1)	Driving uninsured motor vehicle on road or causing uninsured motor vehicle to stand on road	$692
102(2)	Being owner of uninsured motor vehicle driven or found standing on road	$692
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	$192
136(2)	Failing to notify Registrar of change of name or principal place of business of natural person who holds trade plates	$192
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	$192
136(2b)	Failing to notify Registrar of change of garage address of motor vehicle	$192
136(2c)	Failing to notify Registrar of change of registered operator of motor vehicle	$192
136(2d)	Failing to notify Registrar of change of postal address	$192
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	$474
36(4)	Driving motor vehicle on road while number plate on bike rack obscured or distorted by device or substance	$474
55E	Failing to carry or produce certificate of exemption while driving a high powered vehicle	$213
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	$317
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	$317

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

with the advice and consent of the Executive Council

on 21 June 2018

No 110 of 2018

T&F18/018CS