Motor Vehicles (Expiation Fees) Variation Regulations 2019 (SA)

South Australia

Motor Vehicles (Expiation Fees) Variation Regulations 2019

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 2019.
2—Commencement
These regulations come into operation on 1 July 2019.
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

$411

9(3)

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

$411

16(9)

Driving motor vehicle without carrying permit under section 16 of Act

$144

16(11)

Contravening condition of permit under section 16 of Act

$120

43A(3)

Causing or permitting unregistered heavy vehicle to be driven on road

$411

43A(7)

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

$58

47(1)

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

$727

47(1a)

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

$727

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)

$727

47B(2)

Selling or supplying number plates without approval of Minister

$727

47C(3)

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

$330

47D(1)(a)

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

$727

47D(1)(b)

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

$727

47D(1)(c)

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

$727

47D(1)(d)

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

$727

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

$727

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)

$275

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

$140

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

$140

72A(2)

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

$286

74(1)

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

$498

75A(14)

Contravening condition of learner's permit

$375

75A(15)(a)

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

$375

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

$217

no L plates affixed to vehicle in accordance with regulations

$375

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

$375

81(4)

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

$384

81A(9)

Contravening condition of provisional licence

$375

81A(13)

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

$375

81A(15)(a)

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

$375

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

$217

no P plates affixed to vehicle in accordance with regulations

$375

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

$375

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

$375

81AB(5)

Contravening condition of probationary licence

$384

81B(3)

Failing to comply with requirement made by Registrar

failure to attend lecture

$123

96(1)

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

$205

97A(3)

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

$205

98AAA(1)

Failing to carry or produce licence while driving heavy vehicle

$205

98AAB

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

$205

102(1)

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

$761

102(2)

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

$761

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

$202

136(2)

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

$202

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

$202

136(2b)

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

$202

136(2c)

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

$202

136(2d)

Failing to notify Registrar of change of postal address

$202

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

$498

36(4)

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

$498

55E

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

$224

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

$333

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

$333

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	$411
9(3)	Being owner of unregistered motor vehicle driven or found standing on road	$411
16(9)	Driving motor vehicle without carrying permit under section 16 of Act	$144
16(11)	Contravening condition of permit under section 16 of Act	$120
43A(3)	Causing or permitting unregistered heavy vehicle to be driven on road	$411
43A(7)	Failing to carry temporary configuration certificate in vehicle or to produce it for inspection by police officer or authorised officer	$58
47(1)	Driving, or causing to stand, motor vehicle not bearing number plates	$727
47(1a)	Being registered owner or registered operator of motor vehicle driven, or caused to stand, in contravention of section 47(1) of Act	$727
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)	$727
47B(2)	Selling or supplying number plates without approval of Minister	$727
47C(3)	Failing to comply with direction of Registrar under section 47C(2) of Act to return number plates	$330
47D(1)(a)	Driving, or causing to stand, motor vehicle to which is attached number plate bearing number other than number allotted to vehicle	$727
47D(1)(b)	Driving, or causing to stand, motor vehicle to which is attached number plate altered, defaced, mutilated or added to	$727
47D(1)(c)	Driving, or causing to stand, motor vehicle to which is attached colourable imitation of number plate	$727
47D(1)(d)	Without lawful excuse, having in possession number plate or article resembling number plate	$727
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	$727
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)	$275
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	$140
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	$140
72A(2)	Acting as qualified supervising driver while having prescribed concentration of alcohol in blood or prescribed drug in oral fluid or blood	$286
74(1)	Driving motor vehicle without currently holding appropriate licence or learner's permit	$498
75A(14)	Contravening condition of learner's permit	$375
75A(15)(a)	Holder of learner's permit driving motor bike on road while no L plate affixed to bike in accordance with regulations	$375
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	$217
no L plates affixed to vehicle in accordance with regulations	$375
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	$375
81(4)	Contravening condition endorsed on licence or permit under section 81 of Act	$384
81A(9)	Contravening condition of provisional licence	$375
81A(13)	Holder of P1 or P2 licence under the age of 25 years driving high powered vehicle	$375
81A(15)(a)	Holder of P1 licence driving motor bike on road while no P plate affixed to bike in accordance with regulations	$375
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	$217
no P plates affixed to vehicle in accordance with regulations	$375
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	$375
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	$375
81AB(5)	Contravening condition of probationary licence	$384
81B(3)	Failing to comply with requirement made by Registrar
failure to attend lecture	$123
96(1)	Failing to produce licence or learner's permit on request of police officer	$205
97A(3)	Failing to carry or produce licence while driving under section 97A of Act	$205
98AAA(1)	Failing to carry or produce licence while driving heavy vehicle	$205
98AAB	Failing to carry or produce probationary licence, provisional licence or learner's permit while driving	$205
102(1)	Driving uninsured motor vehicle on road or causing uninsured motor vehicle to stand on road	$761
102(2)	Being owner of uninsured motor vehicle driven or found standing on road	$761
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	$202
136(2)	Failing to notify Registrar of change of name or principal place of business of natural person who holds trade plates	$202
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	$202
136(2b)	Failing to notify Registrar of change of garage address of motor vehicle	$202
136(2c)	Failing to notify Registrar of change of registered operator of motor vehicle	$202
136(2d)	Failing to notify Registrar of change of postal address	$202
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	$498
36(4)	Driving motor vehicle on road while number plate on bike rack obscured or distorted by device or substance	$498
55E	Failing to carry or produce certificate of exemption while driving a high powered vehicle	$224
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	$333
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	$333

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 13 June 2019

No 153 of 2019