Motor Vehicles (Motor Bike Driver Licensing) Amendment Regulations 2024 (SA)

South Australia

Motor Vehicles (Motor Bike Driver Licensing) Amendment Regulations 2024

under the Motor Vehicles Act 1959

Part 1Preliminary1Short title

These regulations may be cited as the Motor Vehicles (Motor Bike Driver Licensing) Amendment Regulations 2024.

2Commencement

These regulations come into operation on 9 December 2024.

Part 2Amendment of Motor Vehicles Regulations 20103Amendment of regulation 3 – Interpretation

1. (1)

   Regulation 3(1)—after the definition of moped insert:

   motor bike rider knowledge test means a test approved by the Registrar relating to basic motor bike knowledge;

   motor bike specific hazard awareness test means a test approved by the Registrar relating to motor bike specific hazards;

2. (2)

   Regulation 3(1)—after the definition of power‑assisted pedal cycle insert:

   pre‑learner's permit motor bike training course means the course of that name conducted by the Transport Department (which may consist of multiple components);

   pre‑licence motor bike training course means the course of that name conducted by the Transport Department (which may consist of multiple components);

4Amendment of regulation 45 – Exemptions from duty to hold licence, learner's permit or particular class of licence

Regulation 45—after subregulation (4) insert:

1. (4a)

   A person may drive a motor bike without holding a driver's licence or learner's permit authorising the driving of a motor bike if—

   1. (a)

      the person is driving the motor bike in the course of undertaking a pre‑learner's permit motor bike training course; and

   2. (b)

      a plate bearing the letter "L" (an L plate) that complies with the requirements set out in regulation 50(1)(b) is displayed at, and is clearly visible from, the rear of the motor bike; and

   3. (c)

      the person, in the course of driving the motor bike, complies with any other requirements of the Registrar.

5Substitution of regulation 45C

Regulation 45C—delete the regulation and substitute:

45C—Section 75A(2)(a)(v)(A) of Act—prescribed training, requirements and exemptions

1. (1)

   For the purposes of section 75A(2)(a)(v)(A) of the Act, the following requirements are prescribed:

   1. (a)

      the applicant has passed the motor bike rider knowledge test;

   2. (b)

      the applicant has passed the motor bike specific hazard awareness test.

2. (2)

   To avoid doubt, the tests referred to in subregulation (1)—

   1. (a)

      must be undertaken by each applicant for a learner's permit authorising the driving of a motor bike (whether or not the applicant is exempt from undertaking the pre‑learner's permit motor bike training course); and

   2. (b)

      must, in the case of an applicant for a learner's permit authorising the driving of a motor bike who is not exempt from the requirement to undertake the pre‑learner's permit motor bike training course, be undertaken prior to undertaking that course.

3. (3)

   For the purposes of section 75A(2)(a)(v)(A) of the Act, the pre‑learner's permit motor bike training course (comprising parts A and B) is prescribed.

4. (4)

   An applicant for a learner's permit authorising the driving of a motor bike who resides more than 100 kilometres from the nearest place at which training referred to in subregulation (3) is conducted is exempt from the requirement in section 75A(2)(a)(v)(A) of the Act prescribed by subregulation (3).

5. (5)

   The Registrar may, on application by an applicant for a learner's permit authorising the driving of a motor bike and payment of the fee (if any) determined by the Registrar, grant the applicant an exemption from the requirement in section 75A(2)(a)(v)(A) of the Act prescribed by—

   1. (a)

      subregulation (1); or

   2. (b)

      subregulation (3),

subject to such conditions as the Registrar thinks fit.

6Amendment of regulation 46A—Section 79A of Act – exemptions from certain requirements

Regulation 46A(1)—delete subregulation (1) and substitute:

1. (1)

   The Registrar may, on application by an applicant for a provisional licence and payment of the fee (if any) determined by the Registrar, grant the applicant an exemption from the requirements in section 79A(3)(b)(i) and 79A(7)(d)(i) of the Act, subject to such conditions as the Registrar thinks fit.

7Amendment of regulation 47—Section 79A of Act – prescribed requirements and prescribed training

Regulation 47(1a)—delete subregulation (1a) and substitute:

1. (1a)

   For the purposes of section 79A(3)(c) of the Act, the pre‑licence motor bike training course is prescribed.

8Amendment of regulation 50—Learner's permits – display of L plates

Regulation 50(3)—after paragraph (b) insert:

or

1. (c)

   a person driving a motor bike in the course of undertaking a pre‑learner's permit motor bike training course.

9Amendment of regulation 90 – Remission and reduction of fees

Regulation 90(1)—after paragraph (e) insert:

1. (f)

   a fee payable for motor bike driver training conducted by the Transport Department for the purposes of section 75A(2)(a)(v)(A) or 79A(3)(c) of the Act.

10Amendment of Schedule 1 – Fees

Schedule 1, table, item 31—delete the item and substitute:

 

30A—Motor bike learner's permit theoretical tests
For a motor bike rider knowledge test and a motor bike specific hazard awareness test—
(a) combined fee for both tests	$15.00
(b) administration fee (payable in addition to the test fee)	level 2 fee
31 Motor bike training courses
For a motor bike training course undertaken in accordance with the directions of the Registrar—
(a) for a pre‑learner's permit motor bike training course—
(i) training course fee (part A)	$421.00 plus a booking fee of $29.00
(ii) training course fee (part B)	$421.00 plus a booking fee of $29.00
(b) for a pre‑licence motor bike training course—
(i) training course fee	$196.00 plus a booking fee of $29.00
(ii) motor bike licence assessment fee	$211.00 plus a booking fee of $29.00

Schedule 1—Transitional provision

1—Continued recognition of completed basic motor bike training course

1. (1)

   This clause applies to a person who successfully completed the basic motor bike training course before the commencement of this clause but who has not been issued with a learner's permit authorising the driving of a motor bike.

2. (2)

   However, this clause ceases to apply to a person if, on the expiration of 12 months from the day on which the person completed the basic motor bike training course, the person has not applied for a learner's permit authorising the driving of a motor bike (and, to avoid doubt, in such circumstances the Motor Vehicles Regulations 2010 as amended by these regulations will apply in relation to any subsequent application by the person for a learner's permit or licence authorising the driving of a motor bike).

3. (3)

   Regulation 45C (as enacted by these regulations) does not apply to a person to whom this clause applies (and regulation 45C as in force immediately before the commencement of this clause will continue to apply in relation to that person).

4. (4)

   To avoid doubt, a person to whom this clause applies, and any learner's permit authorising the driving of a motor bike issued to the person in accordance with this clause, will be taken to have satisfied the requirements of the Motor Vehicles Regulations 2010 as amended by these regulations.

5. (5)

   In this clause—

basic motor bike training course means the motor bike driver training prescribed by regulation 45C(1) of the Motor Vehicles Regulations 2010 as in force immediately before the commencement of this clause.

Schedule 2—Further amendment of Motor Vehicles Regulations 2010

 

Provision amended	How amended
Regulation 65	Delete "Schedule 1 Part 1" and substitute: Schedule 1
Regulation 84(a)	Delete "Schedule 1 Part 1" and substitute: Schedule 1
Regulation 89	Delete "Schedule 1 Part 1" wherever occurring and substitute in each case: Schedule 1
Regulation 93(3)	Delete "Schedule 1 Part 1" and substitute: Schedule 1
Regulation 94(e)	Delete "Schedule 1 Part 1" and substitute: Schedule 1

Made by the Governor

with the advice and consent of the Executive Council

on 24 July 2024

No 73 of 2024