Motor Vehicles Regulations 1996 (SA)

South Australia

Motor Vehicles Regulations 1996

under the Motor Vehicles Act 1959

Contents

Part 1—Preliminary

1Short title

4Interpretation

Part 2—Registration of motor vehicles

Division 1—Exemptions and permits

7Exemption from registration and insurance for certain vehicles driven by or at direction of police officer etc

8Exemption from registration and insurance for certain vehicles used by disabled persons (section 12A(1) of the Act)

9Exemption from registration and insurance for vehicles being towed by towtrucks

9AExemption from registration and insurance for golf carts and mopeds

9BExemption from registration and insurance for power-assisted pedal cycles

9CExemption from registration and insurance for self‑propelled elevating work platforms

10Permit to drive unregistered vehicle in prescribed circumstances (section 16(1)(c)(ii) of the Act)

Division 2—Notification of alterations or additions to vehicles

11Duty to notify alterations or additions to vehicles

Division 3—Number plates

12Carriage of number plates (section 47(1) of the Act)

13Exemptions from duty to carry number plates

13AAReturn or recovery of number plates—exceptions

13AExemptions from section 47D of Act

13BExemption from section 56(b)(ii) of Act where motor vehicle dealer etc, acting as delegate of Registrar, transfers registration of vehicle sold by dealer

Division 4—Trade plates

14Purposes for which trade plates may be issued and used

15Trade plate label and certificate of issue of trade plate

16Carriage of trade plate and trade plate label

17Offences

18Replacement of lost trade plate

Division 5—Miscellaneous

20Vehicles for which a registration label is not required to be issued

21Carriage of registration labels and permits

22Offences

23Cancellation of permit to drive unregistered vehicle

23AReport required before registration of new vehicles—prescribed particulars

23BClasses of vehicles Registrar may refuse to register

Part 2A—Heavy vehicles speeding control scheme

23CInterpretation

23DCorresponding laws declared for purposes of the scheme

23EPrescribed classes of heavy vehicles

23FPrescribed speeds for different classes of heavy vehicles

23GSpeeding offences not to be registered under section 71D of the Act

Part 3—Licences

Division 1—Driver's licences and learner's permits

23HExemption from certain requirements for qualified supervising drivers

24Duty of applicant for licence or permit to supply specimen signature etc

25Exemptions from duty to hold licence, learner's permit or particular class of licence

25AExamination of applicant for licence or learner's permit

25BPrescribed matters for the purposes of section 79A of the Act

26Power to refuse practical driving test where undue danger to any person

26ACertain practical driving tests not to be taken again within 13 day period

28Learner's permits—display of "L" plates

29Display of "P" plates

29AExemption from section 81A of Act

30Exemption from duty to display "P" plates for police officers and police cadets

31Exemption from provisional licence speed-limit for police officers and police cadets

31AExemption from requirement to undertake a hazard perception test

31BPrescribed classes of applicants

32Attendance at lectures by holder of learner's permit etc who contravenes probationary conditions or incurs four or more demerit points

32AExemption from section 81B(11)(a) of Act

33Exemption from duty to carry and produce probationary licence or provisional licence for police officers and police cadets

34Cancellation of licence on surrender

Division 1A—Alcohol interlock schemes

34AACircumstances in which licence not subject to mandatory alcohol interlock scheme conditions

34ATesting of alcohol interlocks

34BCounselling requirements applicable to holders of licence subject to voluntary alcohol interlock scheme conditions

34CFees payable by holders of licence subject to alcohol interlock scheme conditions

Division 2—Motor driving instructors' licences

35Applicant for licence to supply photographs to Registrar

36Applicant for licence to pay fees before proficiency tests

37Exemption from duty to hold motor driving instructor's licence for approved motor bike training courses

Part 4—Fees

38Fees

38AConditional registration—exemption from stamp duty

38BConcession card holders

39Reduced registration fees—prescribed amounts

39AExemption from section 41(2) of the Act

40Additional amount payable where certain vehicles are altered or added to

41Refund on cancellation of registration

41ARefund on surrender of trade plate

42Refund on surrender of licence

43Refund of part of licence fee on eligibility for reduced fee

44No refund of administration fees

44ARegistrar not required to make certain refunds or recover certain unpaid fees

45Calculation of fees and refunds to nearest 10 cents or whole dollar

46Exemption from practical driving test fees

47Remission and reduction of fees

Part 4A—Written-off vehicles

47AInterpretation

47BApplication of Part

47CRegistrar to be given notice of, and notices to be affixed to, written-off vehicles

47DOffence to drive written-off vehicle on road

Part 5—Miscellaneous

47EPrescribed licences (section 5)

48Offence to alter, deface etc permits, labels or certificates

49Forms determined by the Minister

50Appointment of authorised examiners

51Corresponding laws declared for purposes of demerit points scheme

51AAApplication for review under Part 3E of the Act

51AManner of giving Registrar notice of election under section 98BE of Act

51BManner of giving Registrar notice of change of name, address etc under section 136 of Act

52Power of Registrar to require destruction of a document or thing issued or renewed in consequence of a void transaction

52AAPlaces at which receipt of notice of disqualification may be personally acknowledged

52ACorresponding laws declared for purposes of section 141(2) of the Act

54General offence

55Expiation of alleged offences

56Demerit points for offences in this State

57Notification of demerit points to interstate licensing authorities

58Meaning of written-off motor vehicle for purposes of section 145(8) of the Act

Schedule 1—Conditional registration

1Interpretation

2Period of conditional registration

2ATransfer of conditional registration

3Historic and left hand drive motor vehicles

4Vehicles used between farm blocks

5Vehicles used to tow commercial fishing boats

6Other prescribed classes of vehicles

Schedule 2—Classification of driver's licences

1Classification of licences

2Transitional provision

Schedule 3—Conditions of driver's licences and learner's permits

1Conditions of driver's licences and learner's permits

2Interpretation

3Transitional provision

Schedule 4—Prescribed alterations and additions

Schedule 5—Fees

Schedule 5A—Corresponding laws declared for purposes of demerit points scheme

Schedule 6—Expiation fees

Part 1—Offences against the Motor Vehicles Act 1959

Part 2—Offences against these regulations

Schedule 7—Demerit points

Part 1—Demerit points within the national scheme

Division 1—Offences against the Road Traffic Act 1961

Division 2—Offences against the Australian Road Rules

Division 3—Offences against the Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008

Part 2—Demerit points peculiar to South Australia

Division 1—Offences against the Road Traffic Act 1961

Division 2—Offences against the Australian Road Rules

Division 3—Offences against the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 1999

Legislative history

Part 1—Preliminary

1—Short title

These regulations may be cited as the Motor Vehicles Regulations 1996.

4—Interpretation

(1)In these regulations, unless the contrary intention appears—

the Act means the Motor Vehicles Act 1959;

articulated bus means a bus consisting of more than one rigid section with passenger access between the sections and the sections connected to one another so as to allow rotary movement between the sections;

articulated motor vehicle means a motor vehicle consisting of a prime mover and a trailer that is pivoted to and superimposed on the prime mover (a semi-trailer);

B double means an articulated motor vehicle that has a further semi-trailer superimposed on the semi-trailer that forms part of the articulated motor vehicle;

bike rack means a device that—

(a)is designed or adapted for attachment to the rear of a motor vehicle (other than a motor bike or motor trike); and

(b)is designed or adapted for the carriage of one or more pedal cycles, motor bikes, wheelchairs or other similar ride-on vehicles (whether self-propelled or propelled by the rider);

bus means a motor vehicle—

(a)designed for the principal purpose of carrying passengers; and

(b)designed to carry more than 12 seated adult persons;

converter dolly means a trailer with one axle group or single axle and a fifth wheel coupling designed to convert a semi-trailer into a dog trailer;

dog trailer means a trailer (including a trailer consisting of a semi-trailer and converter dolly) with—

(a)one axle group or single axle at the front that is steered by connection to the towing vehicle by a drawbar; and

(b)one axle group or single axle at the rear;

engine number has the same meaning as in Part 3A of the Road Traffic Act 1961;

fifth wheel coupling means a device, other than the upper rotating element and the kingpin (which are parts of a semi-trailer), used with a prime-mover, semi-trailer or a converter dolly to permit quick coupling and uncoupling and to provide for articulation;

golf cart means a motor vehicle designed for the purpose of transporting a person or persons who are playing golf around a golf course;

golf course includes—

(a)land (including land used for car parking) used for the purposes of, or in conjunction with, a golf course; and

(b)two golf courses that are adjacent to one another and are managed by the same club or authority;

moped means a two or three wheeled motor vehicle (other than a power-assisted pedal cycle) that—

(a)is propelled by—

(i)an internal combustion engine with a capacity not exceeding 50 millilitres; or

(ii)a motor other than an internal combustion engine; and

(b)is capable of a speed not exceeding 50 kilometres per hour;

motor trike means a motor vehicle with three wheels, but does not include—

(a)a two wheeled motor vehicle with a sidecar attached to it and supported by a third wheel; or

(b)a motor vehicle with three wheels that has a body type commonly known as, or similar to, a sedan, station wagon, coupe, convertible, roadster, utility, tray top or van;

power-assisted pedal cycle means a pedal cycle that has one or more auxiliary propulsion motors with a combined power output not exceeding 200 watts;

rigid means not articulated, other than in respect of an articulated bus;

road train means a combination of vehicles, other than a B-double, consisting of a motor vehicle towing at least two trailers (counting as one trailer a converter dolly supporting a semi-trailer);

special purpose vehicle has the same meaning as in the Motor Vehicles (National Heavy Vehicles Registration Fees) Regulations 2008;

Transport Department means the administrative unit that, under the Minister, is responsible for the administration of the Act;

unladen mass has the same meaning as in the Road Traffic Act 1961;

vehicle identification number has the same meaning as in Part 3A of the Road Traffic Act 1961;

vehicle identification plate has the same meaning as in Part 3A of the Road Traffic Act 1961.

(2)A reference in these regulations to a government-registered motor vehicle is a reference to a motor vehicle—

(a)that is registered under the scheme established for the registration of motor vehicles used for or in connection with Government or Government sponsored services and known as the Continuous Government Registration Scheme; and

(b)in respect of which the Registrar has issued number plates of the class established by the Registrar under section 47A of the Act as Class 8—Government Vehicle Number Plates.

(3)For the purposes of these regulations—

(a)the power to weight ratio of a motor bike or motor trike is to be calculated by dividing its engine power by the sum of its tare weight and 90 kilograms, and multiplying the product of that division by 1000; and

(b)the engine power of a motor bike or motor trike is the engine power stated in the Road Vehicle Descriptor for that vehicle's make and model published by the Commonwealth Department of Transport and Regional Services; and

(c)the tare weight of a motor bike or motor trike is the tare weight as stated in the Road Vehicle Descriptor for that vehicle's make or model.

Part 2—Registration of motor vehicles

Division 1—Exemptions and permits

7—Exemption from registration and insurance for certain vehicles driven by or at direction of police officer etc

(1)A motor vehicle may be driven on roads without registration or insurance if the vehicle is being driven by, or at the direction of, a person of a class prescribed by subregulation (2) acting pursuant to powers conferred on the person, or in the discharge of duties imposed on the person, in relation to the vehicle (whether under the Act or any other Act or law).

(2)For the purposes of subregulation (1), the following classes of persons are prescribed:

(a)police officers;

(b)authorised officers;

(c)persons authorised to examine motor vehicles under section 139 of the Act.

8—Exemption from registration and insurance for certain vehicles used by disabled persons (section 12A(1) of the Act)

A motor vehicle (other than a motor car) may be driven on roads without registration or insurance by a person who, because of some physical infirmity reasonably requires the use of the vehicle, if—

(a)the vehicle is specially designed and constructed (and not merely adapted) for the transport of a person suffering from some physical defect or disability; and

(b)the vehicle has seating for one person only; and

(c)the unladen mass of the vehicle does not exceed 250 kilograms; and

(d)the vehicle is capable only of short low speed journeys.

9—Exemption from registration and insurance for vehicles being towed by towtrucks

A motor vehicle (other than a trailer) may be towed by a towtruck on roads without registration or insurance.

9A—Exemption from registration and insurance for golf carts and mopeds

(1)Subject to the conditions set out in subregulation (4), a prescribed motor vehicle may be driven on a golf course without registration or insurance.

(2)Subject to the conditions set out in subregulation (4), a prescribed motor vehicle may be driven on a road that does not form part of a golf course without registration or insurance in order to travel by the shortest available route from one part of a golf course to another part of the golf course.

(3) Subregulations (1) and (2) only apply if the motor vehicle is being driven by the owner of the vehicle or by a person authorised by the owner of the vehicle.

(4)The conditions referred to in subregulations (1) and (2) are as follows:

(a)the vehicle must not be used, either wholly or partly, for the purpose of hiring it to another person for fee or reward; and

(b)a policy of public liability insurance indemnifying the owner and any authorised driver of the vehicle in an amount of at least ten million dollars in relation to death or bodily injury caused by, or arising out of, the use of the vehicle must be in force.

(5)In this regulation—

prescribed motor vehicle means a golf cart or moped.

9B—Exemption from registration and insurance for power-assisted pedal cycles

A power-assisted pedal cycle may be driven on roads without registration or insurance.

9C—Exemption from registration and insurance for self‑propelled elevating work platforms

(1)A self‑propelled elevating work platform may be driven on roads without registration or insurance subject to the following conditions:

(a)the vehicle must not be driven on roads for a distance exceeding 500 metres;

(b)the vehicle must not be driven on roads except—

(i)to use it for a purpose for which it was manufactured; or

(ii)to do any of the following:

(A)load the vehicle onto another vehicle;

(B)unload the vehicle from another vehicle;

(C)reposition the vehicle at a work site;

(c)the vehicle must not be driven on roads except by the owner of the vehicle or a person authorised by the owner of the vehicle;

(d)a policy of public liability insurance indemnifying the owner and any authorised driver of the vehicle in an amount of at least 20 million dollars in relation to death or bodily injury caused by, or arising out of, the use of the vehicle must be in force.

(2)A person who drives a self‑propelled elevating work platform on a road without registration or insurance as authorised by this regulation must, at the request of a police officer, produce evidence of the person's public liability insurance either—

(a)forthwith to the police officer who made the request; or

(b)within 48 hours after the making of the request, at a police station conveniently located for the driver, specified by the police officer at the time of making the request.

Maximum penalty: $250.

(3)In this regulation—

self-propelled elevating work platform means a self‑propelled motor vehicle that—

(a)is used for construction, maintenance or warehouse operations; and

(b)is designed mainly for use outside roads; and

(c)is not capable of travelling at a speed exceeding 10 kilometres per hour.

10—Permit to drive unregistered vehicle in prescribed circumstances (section 16(1)(c)(ii) of the Act)

A permit under section 16(1)(c)(ii) of the Act may authorise a motor vehicle to be driven on roads without registration—

(a)to enable the vehicle to be driven in a street procession, motor club rally or other similar activity; or

(b)to enable the vehicle to be moved to another location; or

(c)to enable the vehicle to be towed by another motor vehicle (other than a towtruck); or

(d)to enable the vehicle to be driven for a limited number of short journeys.

Division 2—Notification of alterations or additions to vehicles

11—Duty to notify alterations or additions to vehicles

(1)For the purposes of section 44(1) of the Act, the alterations and additions specified in Schedule 4 are prescribed.

(2)A registered owner or registered operator of a motor vehicle who gives written notice to the Registrar under section 44(1) of the Act must include the following particulars in the notice:

(a)a full description of the alteration or addition; and

(b)the date on which the alteration or addition was made; and

(c)—

(i)in the case of the substitution of an engine of identical specifications—the substituted engine number; or

(ii)in the case of the substitution of an engine that does not have identical specifications—the make, the number of pistons, the diameter of the cylinders, the engine number and the type of substituted engine; and

(d)if an alteration has been made to the construction of the vehicle—a weighbridge note; and

(e)if any alteration or addition has been made that may vary the gross combination mass or gross vehicle mass of the vehicle—the size, ply and type of construction of the tyres; and

(f)details of any equipment that has been altered or added to the vehicle.

Division 3—Number plates

12—Carriage of number plates (section 47(1) of the Act)

For the purposes of section 47(1) of the Act, the following provisions apply to the carriage of number plates:

(a)a motor vehicle must have attached to it—

(i)in the case of a motor bike or trailer—one number plate at the rear;

(ii)in the case of a tractor or agricultural machine—one number plate;

(iii)in any other case—one number plate at the front and one number plate at the rear,

such that—

(iv)the bottom edge of the plate is not less than 30 centimetres above the level of the ground and in such a position that every figure and letter of the registered number is upright; and

(v)—

(A)in the case of a plate placed on the front of the vehicle—the whole of the plate is visible from the front; and

(B)in the case of a plate placed on the rear of a vehicle—the whole of the plate is visible from the rear; and

(b)every letter and figure on a number plate must be—

(i)clearly visible in daylight to a person standing on the same plane as the vehicle at any point not less than 3 metres or more than 18 metres from the plate looking at the plate along an imaginary line approximately at right angles to the plate; and

(ii)legible from left to right on a plane level with the ground; and

(iii)clean and legible at all times; and

(c)a number plate must be rectangular.

13—Exemptions from duty to carry number plates

(1)A person who drives a motor vehicle, the front and rear of which is marked with the number allotted to the vehicle under the Act (the registered number), is exempt from the operation of section 47(1) of the Act if—

(a)the registered number was allotted before 1 July 1996; and

(b)the registered number was marked on the vehicle before 1 July 1996; and

(c)number plates bearing the registered number and the slogan "SA • The Festival State" have never been obtained for the vehicle; and

(d)the vehicle is registered in the name of the person who was, immediately prior to 1 July 1996, recorded on the register of motor vehicles as the owner of the vehicle; and

(e)there is no agreement in force under section 47A of the Act between the Registrar and the registered owner of the vehicle in relation to the registered number; and

(f)every letter and figure of the registered number marked on the vehicle is—

(i)clearly visible in daylight to a person standing on the same plane as the vehicle at any point not less than 3 metres or more than 18 metres from the portion of the vehicle on which the number is marked looking at the number along an imaginary line approximately at right angles to the number; and

(ii)legible from left to right on a plane level with the ground; and

(iii)clean and legible at all times.

(2)An officer or employee of the South Australian Police Department or the Transport Department who drives a motor vehicle on a road, or causes a motor vehicle to stand on a road, is exempt from the operation of section 47(1) of the Act if—

(a)the vehicle is being used for the purpose of testing the legibility of number plates; and

(b)the vehicle displays a sign bearing the word "test".

13AA—Return or recovery of number plates—exceptions

(1)The Registrar is not required to give a person a direction under section 47C(2) of the Act requiring the return of number plates issued for a motor vehicle if—

(a)the Registrar is satisfied that—

(i)the vehicle is, or is to be, periodically registered for terms of less than 12 months on each occasion; or

(ii)the number plates are the subject of an agreement between the Registrar and the person under section 47A of the Act under which the person has acquired a right to attach the plates to any motor vehicle registered in the person's name from time to time; or

(iii)the vehicle has been purchased by a motor vehicle dealer or auctioneer; or

(b)the Registrar considers that there are reasonable grounds for not requiring the person to return the plates.

(2)If the Registrar is not required to give a direction under section 47C(2) of the Act requiring the return of number plates, the Registrar, a police officer or an authorised officer is not empowered to seize the plates under section 47C(4) of the Act unless—

(a)the Registrar has given a person such a direction in relation to the plates; and

(b)the person has failed to comply with the direction; and

(c)the person has no reasonable excuse for failing to comply.

13A—Exemptions from section 47D of Act

(1)A police officer who, in the course of official duties, drives on a road, or causes to stand on a road, a government-registered motor bike at the front of which is attached a label or sticker that bears the number allotted to the motor bike under the Act is exempt from section 47D(1)(c) of the Act if —

(a)the label or sticker is made of silver reflective decal material; and

(b)the label or sticker is 220 mm wide and 93 mm high; and

(c)every letter and figure on the label or sticker is printed in blue on a white background and in upper case; and

(d)the label or sticker bears the slogan "SA Government".

(2)An officer or employee of the South Australian Police Department or the Transport Department who drives a motor vehicle on a road, or causes a motor vehicle to stand on a road, is exempt from the operation of section 47D(1)(a), (b) and (c) of the Act if—

(a)the vehicle is being used for the purpose of testing the legibility of number plates; and

(b)the vehicle displays a sign bearing the word "test".

13B—Exemption from section 56(b)(ii) of Act where motor vehicle dealer etc, acting as delegate of Registrar, transfers registration of vehicle sold by dealer

If—

(a)a motor vehicle dealer or auctioneer sells a motor vehicle in the course of his or her business; and

(b)the Registrar has delegated to the dealer or auctioneer the Registrar's function under section 58(1) of the Act; and

(c)the dealer or auctioneer, acting under that delegation, registers the vehicle in the name of the purchaser,

the dealer or auctioneer is exempt from the operation of section 56(b)(ii) of the Act in respect of the transfer of ownership of that vehicle.

Division 4—Trade plates

14—Purposes for which trade plates may be issued and used

For the purposes of sections 62(1) and 66 of the Act, the following purposes are prescribed:

(a)delivery of a motor vehicle from premises of the manufacturer or distributor of the vehicle to business premises of a motor vehicle dealer or auctioneer;

(b)delivery of a motor vehicle from premises of the manufacturer of the vehicle to a place for storage or to business premises of the distributor of the vehicle;

(c)relocation of a motor vehicle—

(i)between different business premises of a motor vehicle dealer or auctioneer; or

(ii)between business premises of different motor vehicle dealers or auctioneers;

(d)demonstration to a prospective purchaser of a motor vehicle of the on-road performance of the vehicle—

(i)being a demonstration in respect of which the vendor of the vehicle does not receive any monetary consideration; and

(ii)in the case of a commercial motor vehicle that is to carry a load during a demonstration, provided that—

(A)the demonstration consists of not more than two separate journeys by the same prospective purchaser and each journey is completed within three days; and

(B)during the demonstration the vehicle is used only within the State;

(e)demonstration to a prospective purchaser of a bus of the on-road performance of the bus, being a demonstration—

(i)in respect of which the vendor of the bus does not receive any monetary consideration; and

(ii)during which no passengers other than the prospective purchaser and any person advising the prospective purchaser in relation to the purchase of the bus are carried in the bus;

(f)on-road testing of a motor vehicle prior to delivery of the vehicle to a purchaser of the vehicle;

(g)delivery of a motor vehicle sold by a motor vehicle dealer or auctioneer to a place nominated by the purchaser of the vehicle (whether within or outside the State);

(h)in the case of a motor vehicle that—

(i)is sold by a motor vehicle dealer who is not authorised by a delegation under section 7 of the Act to register vehicles sold by the dealer; and

(ii)is delivered to the purchaser on a day on which, or at a time of day at which, the office of the Registrar is closed for business,

to enable the vehicle to be driven by the purchaser or a person authorised by the purchaser without registration for any purpose until the time at which the office of the Registrar closes for business on the next day on which it is open for business;

(i)delivery of a motor vehicle to a workshop or other place for repair or servicing of the vehicle or the making of alterations or additions to the vehicle;

(j)return of a motor vehicle from a workshop or other place at which the vehicle has been repaired or serviced or at which alterations or additions have been made to the vehicle;

(k)delivery of a motor vehicle to a place for wrecking or disassembling;

(l)on-road testing of a motor vehicle in the course of repairs or servicing or the making of alterations or additions to the vehicle;

(m)in the case of a motor vehicle on loan by a motor vehicle repairer to the owner of a motor vehicle under repair—to enable the loan vehicle to be driven for any purpose by the owner of the vehicle under repair provided that—

(i)the repairer does not receive any separate monetary consideration in respect of the provision of the loan vehicle; and

(ii)if the loan vehicle is a commercial motor vehicle—the loan vehicle is not used to carry a load during the loan period except within the State; and

(iii)if the loan vehicle is not a special purpose vehicle—

(A)the repairer is licensed as a dealer under the Second-hand Vehicle Dealers Act 1995; and

(B)the loan vehicle is a second-hand vehicle that is being offered or exposed for sale by the repairer; and

(C)a notice that complies with section 16 of the Second-hand Vehicle Dealers Act 1995 is attached to the loan vehicle;

(n)delivery of a motor vehicle to the site of a motor show or other similar event at which the vehicle is to be on display;

(o)return of a motor vehicle from the site of a motor show or other similar event at which the vehicle has been on display;

(p)demonstration of the on-road performance of a motor vehicle while the vehicle is on display at a motor show or other similar event;

(q)delivery of a motor vehicle to a place for inspection or examination under the Act, the Road Traffic Act 1961 or any other Act or law;

(r)return of a motor vehicle from a place to which the vehicle has been taken for inspection or examination under the Act, the Road Traffic Act 1961 or any other Act or law.

15—Trade plate label and certificate of issue of trade plate

(1)At the time of issuing a trade plate, the Registrar must issue to the holder of the trade plate or his or her agent—

(a)a trade plate label; and

(b)a certificate of issue of a trade plate.

(2)A trade plate label will be in a form determined by the Registrar.

(3)If the Registrar is satisfied by statutory declaration or such other evidence as the Registrar may require that the label or certificate issued in respect of a trade plate has been lost or destroyed, the Registrar may, on application by the holder of the trade plate or his or her agent and payment of the prescribed fee, issue a duplicate label or certificate.

16—Carriage of trade plate and trade plate label

If a motor vehicle is to be driven on a road pursuant to section 66 of the Act—

(a)a trade plate must be securely attached to the rear of the vehicle in such a position that the bottom edge of the plate is not less than 30 centimetres above the level of the ground; and

(b)the label issued by the Registrar in respect of the trade plate must be displayed in a waterproof holder that has a transparent front and is affixed to the plate; and

(c)every figure and letter on the plate and label must be—

(i)legible from left to right on a plane level with the ground; and

(ii)clean and legible at all times; and

(d)every figure and letter on the plate must be clearly visible in daylight to a person standing on the same plane as the vehicle at any point not less than 3 metres or more than 18 metres from the plate, looking at the plate along an imaginary line approximately at right angles to the plate.

17—Offences

(1)A person must not—

(a)drive or leave standing on a road a motor vehicle to which a colourable imitation of a trade plate is attached; or

(b)drive or leave standing on a road a motor vehicle to which is affixed a trade plate that displays a colourable imitation of a trade plate label; or

(c)drive or leave standing on a road a motor vehicle to which is affixed a trade plate that displays a trade plate label issued in respect of another trade plate; or

(d)without lawful excuse, have in his or her possession a trade plate label or an article resembling a trade plate label that is liable to be mistaken for a trade plate label.

(2)A person must not sell or supply trade plates without the approval of the Minister.

18—Replacement of lost trade plate

(1)If—

(a)a person satisfies the Registrar that—

(i)a trade plate has been lost; and

(ii)the loss has been reported to a police officer; and

(iii)the circumstances of the loss justify replacement of the plate; and

(b)an application for replacement of the lost plate is made to the Registrar; and

(c)the fee set out in Schedule 5 for the issue of a replacement trade plate is paid to the Registrar,

the Registrar may issue a new trade plate to that person.

(2)The Registrar may require an applicant for a replacement trade plate to furnish—

(a)a statutory declaration stating the matters referred to in subregulation (1)(a); and

(b)a written undertaking to—

(i)return to the Registrar the lost trade plate if it comes into the applicant's possession; or

(ii)inform the Registrar of and when the location of the lost trade plate becomes known to or suspected by the applicant.

Division 5—Miscellaneous

20—Vehicles for which a registration label is not required to be issued

(1)For the purposes of section 48(1)(b), (2) and (3) of the Act, a government-registered motor vehicle is a motor vehicle of a prescribed class.

21—Carriage of registration labels and permits

(1)A registration label or permit under section 16 or 50 of the Act—

(a)must—

(i)if issued in respect of a motor vehicle that has a windscreen (other than a motor bike)—be firmly affixed in an upright position to the vehicle—

(A)to the inside surface of the front or rear windscreen in a corner on the opposite side of the windscreen to the driver's position; or

(B)in the case of a vehicle that has a pivoted, hinged or fixed side window adjacent to the front or rear windscreen on the opposite side of the windscreen to the driver's position—to the inside surface of that window,

but not so as to obstruct the driver's vision; or

(ii)if issued in respect of a motor vehicle (other than a motor bike or trailer) that does not have a windscreen—be displayed in a waterproof holder that has a transparent front and is affixed to an external surface of the vehicle on the left hand or near side of the vehicle, as near as practicable to the position in which the label or permit would have been affixed in accordance with subparagraph (i), had the vehicle been fitted with a windscreen; or

(iii)if issued in respect of a motor bike—be displayed in a waterproof holder that has a transparent front and is affixed to the handlebar in the centre, left hand or near side of the motor bike; or

(iv)if issued in respect of a trailer—

(A)be displayed in a waterproof holder that has a transparent front and is affixed to an external surface of the trailer on the front left hand or near side of the trailer, at a height not exceeding two metres above ground level; or

(B)in the case of a trailer that has a clear glass window be affixed to the inside of the bottom left hand corner of the window—at a height not exceeding two metres above ground level; and

(b)must be displayed so as to be clearly visible to a person facing the label or permit at a distance of four metres from the label or permit.

(2)For the purposes of section 48(4) of the Act, a motor vehicle registered under the Act may be driven on roads without the registration label being affixed to the vehicle—

(a)if—

(i)the vehicle is, for the purpose of having the label destroyed, being driven to the place where the label is to be destroyed; and

(ii)the driver carries with him or her a receipt, issued by the Registrar or an officer appointed by the Registrar, for a completed application for cancellation of the registration of the vehicle; or

(b)if—

(i)the label has been destroyed; and

(ii)the vehicle is being driven by the nearest practicable route from the place where the label was destroyed to some other place where the vehicle is to be kept or stored or to a port or depot from which the vehicle is to be shipped or railed; and

(iii)the driver carries with him or her a receipt, issued by the Registrar or an officer appointed by the Registrar, for a completed application for cancellation of the registration of the vehicle; or

(c)if—

(i)payment of the fees payable for registration of the vehicle was made by mail, telephone or the internet; and

(ii)the registration label has not been received by the registered owner or the registered operator of the vehicle or his or her agent; and

(iii)not more than 30 days have elapsed from the date the payment was made.

22—Offences

(1)A person must not drive a motor vehicle on a road while—

(a)a device is attached to the vehicle or a number plate or trade plate on the vehicle; or

(b)a substance is painted on or otherwise added to or made part of a number plate or trade plate on the vehicle,

the effect of which is to obscure or distort a letter or figure on a number plate or trade plate on the vehicle when the plate is viewed or photographed from any particular angle or from all angles in daylight or at night.

(2)In subregulation (1), a reference to a number plate extends to that portion of a motor vehicle on which the registered number is marked in accordance with regulation 13.

(3)Subregulation (1)(a) does not apply in relation to a motor vehicle to which a bike rack is attached if a number plate that—

(a)conforms to the specifications and design prescribed for a number plate of a class established under section 47A of the Act for the purposes of this subregulation; and

(b)bears the number allotted to the vehicle under the Act,

is attached to the bike rack and displayed such that—

(c)the whole of the number plate is visible from the rear; and

(d)the bottom edge of the number plate is not less than 30 centimetres above the level of the ground and in such a position that every letter and figure of the registered number is upright; and

(e)every letter and figure on the number plate is—

(i)legible from left to right on a plane level with the ground; and

(ii)clean and legible at all times; and

(iii)clearly visible in daylight to a person standing on the same plane as the vehicle at any point not less than 3 metres or more than 18 metres from the plate looking at the plate along an imaginary line approximately at right angles to the plate.

(4)If a bike rack that displays a number plate is attached to a motor vehicle, a person must not drive the motor vehicle on a road while—

(a)a device is attached to the bike rack or the number plate on the bike rack; or

(b)a substance is painted on or otherwise added to or made part of the number plate on the bike rack,

the effect of which is to obscure or distort a letter or figure on the plate when the plate is viewed or photographed from any particular angle or from all angles in daylight or at night.

23—Cancellation of permit to drive unregistered vehicle

The holder of a permit under section 16 of the Act may at any time apply for cancellation of the permit and if the Registrar is satisfied that—

(a)the permit has been destroyed; or

(b)the motor vehicle in respect of which the permit was issued has been stolen or destroyed,

the Registrar must cancel the permit.

23A—Report required before registration of new vehicles—prescribed particulars

A report required under section 23A of the Act in relation to a new motor vehicle must—

(a)be completed by a police officer, authorised officer or a person authorised by a delegation under section 7 of the Act; and

(b)contain the following particulars:

(i)the name of the person who completed the report; and

(ii)the Vehicle Identification Number (VIN) of the vehicle; and

(iii)the month and year of manufacture of the vehicle; and

(iv)the make of the vehicle; and

(v)in the case of a motor vehicle other than a caravan or trailer—the body type and engine number of the vehicle.

23B—Classes of vehicles Registrar may refuse to register

For the purposes of section 24(3)(ca) of the Act, the following classes of vehicles are prescribed:

(a)written-off vehicles within the meaning of Part 4A of these regulations;

(b)interstate written-off vehicles within the meaning of Part 4A of these regulations.

Part 2A—Heavy vehicles speeding control scheme

23C—Interpretation

In this Part—

road train means a road train that, including its load (if any), is over 19 metres long.

23D—Corresponding laws declared for purposes of the scheme

The following laws, as amended or substituted from time to time, are declared to be corresponding laws for the purposes of Part 2A of the Act:

Motor Vehicles Act of the Northern Territory

Road Safety Act 1986 of Victoria

Road Traffic Act 1974 of Western Australia

Road Transport (Vehicle Registration) Act 1997 of New South Wales

Road Transport (Vehicle Registration) Act 1999 of the Australian Capital Territory

Transport Operations (Road Use Management) Act 1995 of Queensland

Vehicle and Traffic Act 1999 of Tasmania.

23E—Prescribed classes of heavy vehicles

For the purposes of paragraph (c) of the definition of heavy vehicle in section 71C(1) of the Act, a road train is a prescribed class of motor vehicle.

23F—Prescribed speeds for different classes of heavy vehicles

For the purposes of the definition of prescribed speed in section 71C(1) of the Act, the following speeds are prescribed:

(a)in relation to a road train—90 kilometres per hour;

(b)in relation to any other class of heavy vehicle—100 kilometres per hour.

23G—Speeding offences not to be registered under section 71D of the Act

(1)Pursuant to section 71D(3)(b) of the Act—

(a)a relevant speeding offence must not be registered in relation to a heavy vehicle unless it is an offence against a law of this State or another State or a Territory of the Commonwealth involving the driving of the vehicle at a speed 15 kilometres or more over the highest speed-limit over which the vehicle must not be driven on roads under that law; and

(b)a relevant speeding offence must not be registered in relation to a heavy vehicle if—

(i)the offence was committed before 9 July 2001; or

(ii)the offence was committed within 14 days after service on the registered owner of the vehicle of a written notice under section 71E of the Act in relation to the vehicle.

(2)In this regulation—

(a)a reference to an offence committed by a person includes a reference to an offence allegedly committed by a person that the person has expiated;

(b)expiate includes pay the amount payable in connection with an infringement notice or penalty notice issued under a law of another State or Territory of the Commonwealth in respect of an alleged offence.

Part 3—Licences

Division 1—Driver's licences and learner's permits

23H—Exemption from certain requirements for qualified supervising drivers

(1)A person to whom this regulation applies is exempted from the requirement specified in section 72A(1)(b) of the Act that the person must, in order to act as a qualified supervising driver for the holder of a licence or permit, have held a licence referred to in that paragraph during the whole of the immediately preceding 2 year period.

(2)This regulation applies to a person if the person—

(a)has not held the relevant licence during the whole of the immediately preceding 2 year period only because the licence expired during that period; and

(b)renewed the licence within 3 months of that expiry; and

(c)has held the relevant licence for periods totalling at least 2 years (excluding any period between the expiry of the licence and the date of its renewal).

24—Duty of applicant for licence or permit to supply specimen signature etc

(1)If—

(a)a person applies for the issue or renewal of a driver's licence or learner's permit; and

(b)the licence or permit is to include a photograph of the person and a specimen of the person's signature; and

(c)the Registrar requires the person to attend at a specified place for the purpose of having the person's photograph taken,

the person must, before having his or her photograph taken, supply the Registrar with one or more specimens of the person's signature, as specified by the Registrar.

(2)If—

(a)a person applies for the issue or renewal of a driver's licence or learner's permit; and

(b)the licence or permit is to include a photograph of the person and a specimen of the person's signature; and

(c)the Registrar requires the person to supply to the Registrar one or more photographs of the person,

the person must, at the time of supplying the photographs to the Registrar, also supply the Registrar with one or more specimens of the person's signature, as specified by the Registrar.

(3)If a person applies for the issue or renewal of a driver's licence or learner's permit that is not to bear a photograph of the person, the person must sign the licence or permit as soon as practicable after receiving it.

25—Exemptions from duty to hold licence, learner's permit or particular class of licence

(1)A police officer who holds a driver's licence may, in the course of official duties, drive a motor vehicle of a class other than that for which he or she holds a licence in circumstances of emergency.

(2)If a person holds a driver's licence or is, under section 97A of the Act, permitted to drive a motor vehicle on roads in this State pursuant to an interstate licence or foreign licence, the person may drive a moped on roads in this State without holding a licence endorsed with the classification R-DATE.

(5)A person may drive a power-assisted pedal cycle without holding a driver's licence or learner's permit.

(6)A person may drive a self-propelled wheelchair or a motor vehicle of a class prescribed by regulation 8 for the purposes of section 12A(1) of the Act without holding a driver's licence or learner's permit if the person reasonably requires the use of the wheelchair or vehicle because of some physical infirmity.

(7)A person may drive a motor home on roads in this State without holding a driver's licence under the Act if—

(a)the person holds a foreign licence, written in English or accompanied by an English translation, authorising the person to drive a motor vehicle with a GVM not exceeding 3.5 tonnes; or

(b)the person holds—

(i)a foreign licence authorising the person to drive a motor vehicle with a GVM not exceeding 3.5 tonnes; and

(ii)an international driving permit.

(8)However, subregulation (7) does not apply if—

(a)the person is disqualified from holding or obtaining an interstate licence in any State or Territory of the Commonwealth; or

(b)the person is disqualified from holding or obtaining a foreign licence in any country; or

(c)the person has resided in this State for a continuous period of more than 3 months and is a permanent resident or citizen of Australia; or

(d)the person's foreign licence only authorises the person to drive a motor bike, motor trike, moped, motorised wheelchair or other vehicle that is not a motor car; or

(e)a notice under subregulation (9) is in force in relation to the person.

(9)If the Registrar is of the opinion that—

(a)a person to whom subregulation (7) applies is not suitable to drive a motor home in this State; or

(b)the ability of a person to whom subregulation (7) applies to drive a motor home safely is impaired due to a permanent or long term injury or illness,

the Registrar may give the person notice in writing—

(c)prohibiting the person from driving a motor home on roads in this State without holding a driver's licence issued under the Act while the notice is in force; and

(d)stating the reasons for the giving of the notice; and

(e)specifying any action that may be taken by the person to regain the benefit of subregulation (7).

(10)The Registrar may revoke a notice under subregulation (9) by further notice to the person.

(11)A person must, while driving a motor home on roads in this State under subregulation (7)—

(a)carry his or her—

(i)foreign licence (together with any accompanying English translation of the licence); and

(ii)international driving permit (if any); and

(b)produce those documents if requested to do so by a police officer or authorised officer.

Maximum penalty: $1 250.

(12)If a person drives a motor home in this State under subregulation (7), the person's foreign licence will—

(a)for the purposes of section 74 of the Act and any law prescribed for the purposes of section 97A(4)(a) of the Act, be taken to be a licence under the Act; and

(b)for the purposes of a contract or policy of insurance relating to the vehicle, be taken to be a licence under the Act.

(13)In this regulation—

(a)international driving permit, interstate licence and permanent resident have the same respective meanings as in section 97A of the Act;

(b)motor home means a motor vehicle with a GVM not exceeding 4.5 tonnes that is designed and constructed for the primary purpose of providing a temporary dwelling for persons using the vehicle for recreational travel.

25A—Examination of applicant for licence or learner's permit

(1)For the purposes of section 79(1) and (1a) of the Act—

(a)a theoretical examination will consist of questions determined by the Registrar from time to time as to—

(i)the rules required by law to be observed by drivers of motor vehicles; and

(ii)the causes of motor vehicle accidents; and

(iii)safe driving behaviour and safe driving practices; and

(iv)the effects of alcohol and drugs on driving skills and driving behaviour; and

(v)the effects of speeding; and

(vi)the stopping distances of motor vehicles; and

(vii)the effects of road surfaces and weather conditions on the driving of motor vehicles; and

(viii)such other matters as are determined by the Registrar from time to time; and

(b)a theoretical examination will be taken by a person—

(i)in writing in the English language; or

(ii)if the person is, by reason of impairment, unable to take the examination in writing—orally in the English language; or

(iii)if the person's principal language is not English and the person's understanding of English is not adequate to enable the person to take the examination in writing in English—orally in the person's principal language.

(2)For the purposes of section 79(2) of the Act, the number of questions in the examination that a person must answer correctly is a number that equals 80 per cent of the questions asked in the examination.

25B—Prescribed matters for the purposes of section 79A of the Act

(1)For the purposes of section 79A(1)(a)(ii)(B), the prescribed requirements are that the applicant has driven a motor vehicle of a class for which the licence is sought for periods totalling not less than 50 hours, at least 10 hours of which must have occurred at night.

(2)For the purposes of section 79A(2)(b), licence classes R-Date and R are prescribed.

Note—

see Schedule 2—Classification of driver's licences.

(3)In this regulation—

night means the period between sunset on one day and sunrise on the next day.

26—Power to refuse practical driving test where undue danger to any person

If the Commissioner of Police or the Registrar believes on reasonable grounds that the testing of an applicant for a practical driving test would present undue danger to the applicant, the authorised examiner or a member of the public, the Commissioner or the Registrar (as the case may be) may refuse to conduct such a test.

26A—Certain practical driving tests not to be taken again within 13 day period

(1)A person who fails a Vehicle on Road Test taken for the purpose of enabling the person to qualify for the issue of a provisional licence endorsed with the classification C cannot take a subsequent Vehicle on Road Test for that purpose unless 13 days have elapsed since the day on which the person failed the test.

(2)In subregulation (1)—

Vehicle on Road Test means a practical driving test consisting of a single test during which the person taking the test drives a motor vehicle on roads in the company of an examiner who assesses the person's ability to drive safely and according to the rules required by law to be observed by drivers of motor vehicles.

28—Learner's permits—display of "L" plates

(1)For the purposes of section 75A(3)(c) and (5aaa) of the Act—

(a)—

(i)in the case of a motor vehicle other than a motor bike—plates bearing the letter "L" ("L" plate) must be displayed on the vehicle so as to be clearly visible from the front and rear of the vehicle; or

(ii)in the case of a motor bike—an "L" plate must be displayed at, and be clearly visible from, the rear of the motor bike; and

(b)an "L" plate must conform to the following requirements:

(i)the plate must measure not less than 14.5 centimetres by 14.5 centimetres; and

(ii)the letter "L" must be displayed in black on a yellow background and be clearly legible; and

(iii)the letter "L" must be not less than 10.5 centimetres in height and 8 centimetres in width; and

(iv)the width of every line of the letter "L" must be not less than 2 centimetres.

(2)A person other than the holder of a learner's permit must not drive a motor vehicle on a road while there is affixed to the vehicle an "L" plate in accordance with this regulation.

(3)Subregulation (2) does not apply to—

(a)a person driving a motor vehicle for the purpose of instructing the holder of a learner's permit in the safe and efficient driving of a motor vehicle; or

(b)the holder of a motor driving instructor's licence driving a motor vehicle that is clearly identified as one being used in the business of driving instruction and proceeding from or to a place where instruction has been or is to be given.

29—Display of "P" plates

(1)For the purposes of sections 81A(1)(e), 81A(5a) and 81AB(3a)(a) of the Act—

(a)—

(i)in the case of a motor vehicle other than a motor bike—plates bearing the letter "P" ("P" plate) must be displayed on the vehicle so as to be clearly visible from the front and rear of the vehicle; or

(ii)in the case of a motor bike—a "P" plate must be displayed at, and be clearly visible from, the rear of the motor bike; and

(b)a "P" plate must conform to the following requirements:

(i)the plate must measure not less than 14.5 centimetres by 14.5 centimetres; and

(ii)the letter "P" must be displayed in red on a white background and be clearly legible; and

(iii)the letter "P" must be not less than 10.5 centimetres in height and 8 centimetres in width; and

(iv)the width of every line of the letter "P" must be not less than 2 centimetres.

(2)A person other than the holder of a provisional licence or a probationary licence issued subject to the alcohol interlock scheme conditions must not drive a motor vehicle on a road while there is affixed to the vehicle a "P" plate in accordance with this regulation.

29A—Exemption from section 81A of Act

A person who holds a licence that was issued subject to provisional licence conditions before 15 December 2003 is exempt from the operation of section 81A of the Act in relation to that licence if the period for which those conditions would have been effective under that section as in force immediately before that date has elapsed unless—

(a)during that period, the person incurred one or more demerit points in respect of offences committed or allegedly committed on or after 15 December 2003; and

(b)at the time that the demerit points were incurred the person was under the age of 19 years.

30—Exemption from duty to display "P" plates for police officers and police cadets

A police officer or police cadet who holds a provisional licence is, while engaged in official duties or training, exempt from the operation of section 81A(1)(e) and (5a) of the Act.

31—Exemption from provisional licence speed-limit for police officers and police cadets

A police officer or police cadet who holds a provisional licence is, while engaged in official duties or training, exempt from the operation of section 81A(1)(d) and (5b) of the Act.

31A—Exemption from requirement to undertake a hazard perception test

An applicant for a P2 licence who resides—

(a)more than 100 kilometres from the nearest place at which hazard perception tests are conducted; or

(b)on Kangaroo Island,

is exempt from the requirement in section 81A(3)(a)(iii) of the Act.

31B—Prescribed classes of applicants

(1)For the purposes of section 81A(3e) of the Act, the following classes of applicants are prescribed:

(a)applicants who have held a non-provisional licence or interstate non-provisional licence but not during the period of 5 years immediately preceding the application;

(b)applicants who hold an interstate non-provisional licence but who are under the age of 19 years;

(c)applicants who hold an interstate provisional licence;

(d)subject to subregulation (2), applicants who have, during the period of 5 years immediately preceding the application, held a provisional licence issued under Part 3 of the Act as in force prior to the commencement of section 12 of the Motor Vehicles (Licences and Learner's Permits) Amendment Act 2005 (provided that the application must be made within 5 years of the commencement of this regulation).

(2)Subregulation (1)(d) does not include an applicant who—

(a)has, during the period of 5 years immediately preceding the application, held a provisional licence of a kind referred to in that paragraph; and

(b)was, during that period, disqualified from holding or obtaining a permit or licence; and

(c)has not held a licence issued under the Act since the end of the period of disqualification.

32—Attendance at lectures by holder of learner's permit etc who contravenes probationary conditions or incurs four or more demerit points

(1)For the purposes of section 81B(3) of the Act, lectures must be conducted as to motor vehicle accidents and their causes and consequences in a manner determined by the Registrar.

(2)A person who is convicted or found guilty of an offence against section 75A(5), section 81A(5) or section 81AB(5) of the Act is exempt from the operation of section 81B(3) and (3a) of the Act if the person resides outside Metropolitan Adelaide within the meaning of the Development Act 1993.

32A—Exemption from section 81B(11)(a) of Act

(1)If the Magistrates Court allows an appeal by a person against a disqualification under section 81B of the Act and the person holds a licence immediately before the determination of the appeal, the person is exempt from the operation of section 81B(11)(a) of the Act—

(a)until the expiration of 2 business days after the day on which the appeal is determined; or

(b)until the person applies for a licence in accordance with section 81B(11)(b) of the Act,

whichever occurs first.

(2)In this regulation—

business day means any day except—

(a)a Saturday, Sunday or public holiday; or

(b)a day which falls between 25 December and 1 January in the following year.

33—Exemption from duty to carry and produce probationary licence or provisional licence for police officers and police cadets

A police officer or police cadet who holds a probationary licence or provisional licence is, while engaged in official duties or training, exempt from the operation of section 98AAB of the Act.

34—Cancellation of licence on surrender

(1)If—

(a)the holder of a licence gives the Registrar notice in writing of the holder's wish to surrender the licence; and

(b)the Registrar is satisfied that the licence or any duplicate of that licence has been returned or has been lost or destroyed,

the Registrar may cancel the licence.

(2)In this regulation—

licence includes a motor driving instructor's licence.

Division 1A—Alcohol interlock schemes

34AA—Circumstances in which licence not subject to mandatory alcohol interlock scheme conditions

For the purposes of section 81E(4) of the Act, the prescribed circumstances are that—

(a)the applicant for a licence is unable to operate an alcohol interlock by reason of some physical or medical condition of the applicant; and

(b)it is not reasonably practicable for an alcohol interlock to be modified so as to enable the applicant to operate the device.

34A—Testing of alcohol interlocks

For the purposes of section 81H(5) and Schedule 6 clause 7(7) of the Act, an alcohol interlock fitted to a vehicle must have been tested not more than 60 days before, and not more than 60 days after, the time of the vehicle's operation specified in the relevant certificate.

34B—Counselling requirements applicable to holders of licence subject to voluntary alcohol interlock scheme conditions

(1)For the purposes of Schedule 6 clause 5(1)(h) of the Act, the holder of a licence subject to the voluntary alcohol interlock scheme conditions must attend the following counselling sessions with DASSA at times and in places determined by DASSA and notified to the holder in writing:

(a)an initial counselling session, to be held not more than 2 weeks before, and no later than 4 weeks after, the commencement of the required period for which the person's licence is subject to the voluntary alcohol interlock scheme conditions;

(b)at least 1 session of any further counselling that DASSA may recommend that the person undertake;

(c)a final counselling session, to be held before the end of the required period for which the person's licence is subject to the voluntary alcohol interlock scheme conditions.

(2)In this regulation—

DASSA means Drug and Alcohol Services South Australia.

34C—Fees payable by holders of licence subject to alcohol interlock scheme conditions

(1)The holder of a licence subject to the voluntary alcohol interlock scheme conditions must pay the following fees to the Registrar prior to attending a counselling session referred to in regulation 34B:

(a)for the initial counselling session—$55;

(b)for the final counselling session—$55.

(2)The holder of a licence subject to the mandatory alcohol interlock scheme conditions or the voluntary alcohol interlock scheme conditions must pay to the Registrar an administration fee of $15 for each month (a part of a month being treated as a whole month) in the prescribed period.

(3)The administration fee must be paid—

(a)on the issue of the licence; or

(b)in accordance with an agreement between the Registrar and the holder of the licence.

(4)In this regulation—

prescribed period means the period commencing on the day on which a licence is issued subject to the mandatory alcohol interlock scheme conditions or the voluntary alcohol interlock scheme conditions and ending on the expiration of the period for which the licence is subject to those conditions.

Division 2—Motor driving instructors' licences

35—Applicant for licence to supply photographs to Registrar

An applicant for a motor driving instructor's licence must supply to the Registrar two unmounted copies of a recent photograph of the applicant that—

(a)depict only the head and shoulders of the applicant taken "full face" without any head covering and against a plain background; and

(b)are not less than 3 centimetres but not more than 3.5 centimetres in width and in height.

36—Applicant for licence to pay fees before proficiency tests

An applicant for a motor driving instructor's licence is not entitled to undergo the proficiency tests required by the Registrar under section 98A(5) of the Act unless the applicant has paid the appropriate fees set out in Schedule 5 to the Registrar.

37—Exemption from duty to hold motor driving instructor's licence for approved motor bike training courses

A person is exempt from section 98A of the Act for the purposes of conducting a motor bike training course approved by the Registrar.

Part 4—Fees

38—Fees

(1)For the purposes of the Act and these regulations, the fees set out in Schedule 5 (other than clause 41) are prescribed.

(1aa)For the purposes of section 81BA(3) of the Act, the fee payable for the issue of a P2 licence under that section is an amount equal to the fee that would be payable for the issue of a licence under section 75 of the Act.

(1a)For the purposes of the Interstate Road Transport Act 1985 of the Commonwealth, the fees set out in clause 41 of Schedule 5 are prescribed.1

(2)Except as otherwise specified in Schedule 5, the fees set out in that Schedule must be paid to the Registrar.

(3)The Registrar may, by written notice given to a person who is liable to pay the fee prescribed by clause 19(3) of Schedule 5, require the person to pay the fee within the time specified in the notice (being a period of not less than 14 days from the day on which the notice is given).

(4)If a fee is not paid as required by a notice given under subregulation (3), the Registrar may recover the fee in a court of competent jurisdiction as debt due to the Registrar.

Note—

1For fees not prescribed by clause 41 of Schedule 5 see regulation 48A of the Interstate Road Transport Regulations 1986 of the Commonwealth.

38A—Conditional registration—exemption from stamp duty

An application to register a motor vehicle under section 25 of the Act (other than an application to register a road train, B double or vehicle of a class referred to in clause 6(g) of Schedule 1) is declared to be exempt from stamp duty.

Note—

See the Stamp Duties Act 1923 (Schedule 2 clause 2(2) exemption 10A).

38B—Concession card holders

For the purposes of sections 38A(1)(a)(i) and 38AB(1)(a)(i) of the Act, a State Concession Card issued by the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Family and Community Services Act 1972 is a State concession card of a prescribed class.

39—Reduced registration fees—prescribed amounts

(1)For the purposes of sections 34(1) and 37(2) of the Act, the prescribed amount is—

(a)in the case of a heavy vehicle other than a special purpose vehicle, truck (type 1) or truck (type 2)—40 per cent of the prescribed registration fee;

(b)in the case of a motor vehicle that is not a heavy vehicle—50 per cent of the prescribed registration fee.

(2)For the purposes of section 38(1) of the Act, the prescribed amount is 66.667 per cent of the prescribed registration fee.

(3)For the purposes of sections 38A(1), 38AB(1) and 38B(1) of the Act, the prescribed amount is 50 per cent of the prescribed registration fee.

(4)In this regulation—

truck (type 1) and truck (type 2) have the same respective meanings as in the Motor Vehicles (National Heavy Vehicles Registration Fees) Regulations 2008.

39A—Exemption from section 41(2) of the Act

(1)A person who uses a motor vehicle of restricted registration contrary to the terms of an undertaking in relation to the vehicle under section 34(1)(b) of the Act is exempt from section 41(2) of the Act if—

(a)the purpose for which the vehicle is used is solely the carrying of primary produce to assist a charitable organisation or a sporting organisation in fundraising activities; and

(b)neither the owner of the vehicle nor a person using the vehicle (if not the owner) receives a monetary or other material benefit (including out of pocket expenses relating to the use of the vehicle) in relation to that use of the vehicle; and

(c)the use of the vehicle is within an area having a radius of 75 kilometres from the garage address of the vehicle.

(2)In this regulation—

charitable organisation means a body (whether corporate or unincorporate) established on a non-profit basis for charitable, religious, educational or benevolent purposes and includes a trustee who holds property on behalf of such a body;

sporting organisation means a body (whether corporate or unincorporate) established on a non-profit basis principally for the purpose of facilitating and co-ordinating the sporting activities of its members.

40—Additional amount payable where certain vehicles are altered or added to

(1)If a motor vehicle is altered or added to during the period for which it is registered and the alteration or addition is such that, if it had been made before the registration, the registration fee would have been more than the amount paid, the additional amount payable under section 44(3) is an amount that bears to the difference the same proportion as the number of days in the unexpired period of registration bears to the number of days in the period of registration.

(2)Subregulation (1) does not apply in relation to a heavy vehicle, motor bike, trailer or motor vehicle that is not propelled by an internal combustion engine.

41—Refund on cancellation of registration

(1)For the purposes of sections 54 and 60 of the Act, the amount to be refunded on cancellation of the registration of a motor vehicle under those sections is an amount equal to the product obtained by multiplying one three hundred and sixty-fifth of the prescribed annual registration fee by the number of days in the unexpired period of registration.

(2)If—

(a)the registration of a motor vehicle is renewed before the expiry of the previous registration; and

(b)before that expiry the registered owner or the registered operator of the vehicle applies for cancellation of the renewal of registration,

the Registrar must also refund any surcharge paid in respect of the renewal of registration.

41A—Refund on surrender of trade plate

For the purposes of section 70(5) of the Act, the amount to be refunded on the surrender of a trade plate is an amount equal to the product obtained by multiplying one three hundred and sixty-fifth of the annual fee paid for the issue of the plate by the number of days in the unexpired portion of the period for which the plate was issued.

42—Refund on surrender of licence

For the purposes of sections 75AAA(11) and 98A(4) of the Act, the amount to be refunded on the surrender of a driver's licence or motor driving instructor's licence is an amount equal to the product obtained by multiplying one-quarter of the annual licence fee paid for the issue of the licence by the number of complete 3 month periods in the unexpired portion of the period for which the licence was issued.

43—Refund of part of licence fee on eligibility for reduced fee

If—

(a)a driver's licence has been issued or renewed on payment of the licence fee prescribed in clause 19(1)(c) of Schedule 5; and

(b)the holder of the licence becomes, at any time during the currency of the licence, entitled to a reduction of the licence fee,

the Registrar may refund to the holder of the licence such part of the licence fee as the Registrar thinks just in the circumstances.

44—No refund of administration fees

Administration fees are not refundable.

44A—Registrar not required to make certain refunds or recover certain unpaid fees

The Registrar is not required—

(a)to refund a fee paid under the Act if the amount of the refund payable does not exceed $3 (indexed); or

(b)to recover a fee payable under the Act if the amount unpaid does not exceed $3 (indexed).

45—Calculation of fees and refunds to nearest 10 cents or whole dollar

(1)Subject to subregulation (2), in calculating a fee or refund payable under the Act a fraction of 10 cents not exceeding five cents must be excluded and a fraction of 10 cents exceeding five cents is to count as 10 cents.

(2)In calculating the fees payable for—

(a)the registration of a motor vehicle; or

(b)the issue of a trade plate; or

(c)the issue of a replacement trade plate; or

(d)the issue of a probationary licence or provisional licence,

a fraction of one dollar is to count as one dollar.

(3)In applying this regulation, the calculation to the nearest 10 cents or to the whole next dollar is to be applied only to the final amount payable.

46—Exemption from practical driving test fees

An applicant for the issue or renewal of a learner's permit or driver's licence, or the holder of a learner's permit or driver's licence, who is required to be tested otherwise than pursuant to section 72(10) or 79A of the Act, is exempt from the requirement that he or she pay the prescribed test fee.

47—Remission and reduction of fees

(1)The Registrar may, for reasonable cause, remit or reduce any of the following fees:

(a)an administration fee payable under the Act or these regulations; or

(b)a fee payable for registration of a motor vehicle following cancellation of a current authority issued under the law of another State or a Territory by virtue of which the vehicle may be driven on roads within that State or Territory; or

(c)a fee payable for the issue of a driver's licence following the surrender of a current interstate licence; or

(d)a fee payable for the issue or renewal of a learner's permit; or

(e)a fee payable for an examination of a motor vehicle for the purposes of section 139(1)(ab)(iii) of the Act or regulation 23A.

(2)The Registrar may, for reasonable cause, reduce a fee payable under section 139BD of the Act for personal service of a notice of disqualification.

Part 4A—Written-off vehicles

47A—Interpretation

(1)In this Part, unless the contrary intention appears—

corresponding law—means a law of another State or a Territory of the Commonwealth that corresponds to the provisions of this Part;

interstate written-off vehicle means a motor vehicle that, for the purposes of a corresponding law, is recorded in a register maintained by the vehicle registration authority of another State or a Territory of the Commonwealth as a written-off vehicle, statutory write-off, repairable write-off or wrecked vehicle (as defined in that corresponding law);

notifiable vehicle means—

(a)a written-off vehicle that is less than 15 years of age (determined from its date of manufacture) and is—

(i)a motor vehicle (other than a motor bike or trailer) with a GVM not greater than 4.5 tonnes; or

(ii)a motor bike; or

(iii)a caravan; or

(iv)a trailer with a GVM greater than 4.5 tonnes; or

(b)an interstate written-off vehicle; or

(c)where a vehicle referred to in paragraph (a) or (b) is wrecked or wholly or partly disassembled, any part of the vehicle that bears a vehicle identification plate or vehicle identification number;

repairable write-off means a motor vehicle that is written off and is not a statutory write-off;

sell means sell whether by treaty or auction and whether on one's own behalf or on behalf of others;

statutory write-off means a motor vehicle that is written off and is—

(a)a motor vehicle (other than a motor bike or a trailer) that has been—

(i)immersed in salt water above the door sill level for any period; or

(ii)immersed in fresh water up to the dashboard or steering wheel for more than 48 hours; or

(b)a motor bike that has been—

(i)fully immersed in salt water for any period; or

(ii)fully immersed in fresh water for more than 48 hours; or

(c)a motor vehicle that is burnt to such an extent that it is fit only for wrecking or scrap; or

(d)a motor vehicle that is stripped of all, or a combination of most, interior and exterior body parts, panels and components (such as, for example, the engine, wheels, bonnet, guards, doors, boot lid); or

(e)a motor vehicle (other than a motor bike or a trailer) that is damaged by at least 3 of the following impact damage indicators:

(i)damage to an area of the roof equal to or exceeding 300mm by 300mm in size;

(ii)damage to an area of the cabin floor pan equal to or exceeding 300mm by 300mm in size;

(iii)damage to an area of the firewall equal to or exceeding 300mm by 300mm in size;

(iv)any damage to the suspension;

(v)damage to a major mechanical component such as the engine block or transmission casings (for example, where the component is cracked or broken); or

(f)a motor bike that has impact damage (excluding scratching) to the suspension and at least 2 areas of structural frame damage;

total loss means a motor vehicle damaged by accident, collision, demolition, dismantling, fire, flood, trespass or other event to the extent that its fair salvage value, when added to the cost of repairing it for use on a road or road related area, would be more than its fair market value immediately before the event that caused the damage;

Transitional etc provisions associated with regulations or variations

Regulations Variation (Common Expiation Scheme) Regulations 1996 (No 259 of 1996)

4—Transitional provision

A regulation varied or revoked by these regulations will continue to apply (as in force immediately prior to the variation or revocation coming into operation) to an expiation notice issued under the varied or revoked regulations.

No 101 of 1997

4—Transitional provision

(1)The fees prescribed in respect of the issue or renewal of registration of a motor vehicle by Schedule 5 of the principal regulations, as varied by these regulations, apply where the issue or renewal is to take effect on or after 1 July 1997.

(2)All other fees prescribed by Schedule 5 of the principal regulations, as varied by these regulations, apply from 1 July 1997.

(3)Despite regulation 3—

(a)the fees prescribed in relation to the issue or renewal of registration of a motor vehicle by Schedule 5 of the principal regulations, as in force immediately before the commencement of these regulations, continue to apply where the issue or renewal is to take effect before 1 July 1997; and

(b)all other fees prescribed by Schedule 5 of the principal regulations, as in force immediately before the commencement of these regulations, continue to apply until 1 July 1997.

No 92 of 1998

5—Transitional provision

(1)The fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the principal regulations, as varied by these regulations, apply where the issue or renewal is to take effect on or after 1 July 1998.

(2)All other fees prescribed by Schedule 5 of the principal regulations, as varied by these regulations, apply from 1 July 1998.

(3)Despite regulation 3—

(a)the fees prescribed in relation to the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the principal regulations, as in force immediately before the commencement of these regulations, continue to apply where the issue or renewal is to take effect before 1 July 1998; and

(b)all other fees prescribed by Schedule 5 of the principal regulations, as in force immediately before the commencement of these regulations, continue to apply until 1 July 1998.

No 94 of 1999

5—Transitional provision

(1)The fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the principal regulations, as varied by these regulations, apply where the issue or renewal is to take effect on or after 1 July 1999.

(2)All other fees prescribed by Schedule 5 of the principal regulations, as varied by these regulations, apply from 1 July 1999.

(3)Despite regulation 4—

(a)the fees prescribed in relation to the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the principal regulations, as in force immediately before the commencement of these regulations, continue to apply where the issue or renewal is to take effect before 1 July 1999; and

(b)all other fees prescribed by Schedule 5 of the principal regulations, as in force immediately before the commencement of these regulations, continue to apply until 1 July 1999.

No 100 of 2000

4—Transitional provision

(1)The fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the principal regulations, as varied by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2000.

(2)All other fees prescribed by Schedule 5 of the principal regulations, as varied by these regulations, apply from 1 July 2000.

(3)Despite regulation 3—

(a)the fees prescribed in relation to the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the principal regulations, as in force immediately before the commencement of these regulations, continue to apply where the issue or renewal is to take effect before 1 July 2000; and

(b)all other fees prescribed by Schedule 5 of the principal regulations, as in force immediately before the commencement of these regulations, continue to apply until 1 July 2000.

No 123 of 2000

6—Transitional provision

(1)The fees prescribed in respect of the issue or renewal of the registration of a motor vehicle by the principal regulations, as varied by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2000.

(2)Despite these regulations, the fees prescribed in relation to the issue or renewal of the registration of a motor vehicle by the principal regulations, as in force immediately before the commencement of these regulations, continue to apply where the issue or renewal is to take effect before 1 July 2000.

No 72 of 2001

4—Transitional provision

(1)The fees prescribed in respect of the issue or renewal of registration of a motor vehicle by Schedule 5 of the principal regulations, as varied by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2001.

(2)All other fees prescribed by Schedule 5 of the principal regulations, as varied by these regulations, apply from 1 July 2001.

(3)Despite regulation 3—

(a)the fees prescribed in relation to the issue or renewal of registration of a motor vehicle by Schedule 5 of the principal regulations, as in force immediately before the commencement of these regulations, continue to apply where the issue or renewal is to take effect before 1 July 2001; and

(b)all other fees prescribed by Schedule 5 of the principal regulations, as in force immediately before the commencement of these regulations, continue to apply until 1 July 2001.

No 43 of 2002

4—Transitional provision

(1)The fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the principal regulations, as varied by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2002.

(2)All other fees prescribed by Schedule 5 of the principal regulations, as varied by these regulations, apply from 1 July 2002.

(3)Despite regulation 3—

(a)the fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the principal regulations, as in force immediately before the commencement of these regulations, continue to apply where the issue or renewal is to take effect before 1 July 2002; and

(b)all other fees prescribed by Schedule 5 of the principal regulations, as in force immediately before the commencement of these regulations, continue to apply until 1 July 2002.

Motor Vehicles Variation Regulations 2003 (No 125 of 2003)

5—Transitional provision

(1)The fees prescribed in respect of the issue or renewal of registration of a motor vehicle by Schedule 5 of the principal regulations, as varied by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2003.

(2)All other fees prescribed by Schedule 5 of the principal regulations, as varied by these regulations, apply from 1 July 2003.

(3)Despite regulation 4—

(a)the fees prescribed in respect of the issue or renewal of registration of a motor vehicle by Schedule 5 of the principal regulations, as in force immediately before the commencement of these regulations, continue to apply where the issue or renewal is to take effect before 1 July 2003; and

(b)all other fees prescribed by Schedule 5 of the principal regulations, as in force immediately before the commencement of these regulations, continue to apply until 1 July 2003.

(4)In this regulation—

principal regulations means the regulations referred to in the heading to Part 2.

Motor Vehicles Variation Regulations 2004 (No 86 of 2004)

5—Transitional provision

(1)The fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the Motor Vehicles Regulations 1996, as substituted by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2004.

(2)All other fees prescribed by Schedule 5 of the Motor Vehicles Regulations 1996, as substituted by these regulations, apply from 1 July 2004.

(3)Despite regulation 4—

(a)the fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the Motor Vehicles Regulations 1996, as in force immediately before the commencement of these regulations, continue to apply where the issue or renewal is to take effect before 1 July 2004; and

(b)all other fees prescribed by Schedule 5 of the Motor Vehicles Regulations 1996, as in force immediately before the commencement of these regulations, continue to apply until 1 July 2004.

Motor Vehicles Variation Regulations 2004 (No 190 of 2004)

9—Transitional provision

(1)The fees prescribed in respect of the issue or renewal of a driver's licence by Schedule 5 of the Motor Vehicles Regulations 1996, as varied by these regulations, apply where the issue or renewal is to take effect on or after 1 October 2004.

(2)The fees prescribed in respect of an appointment as an authorised examiner by Schedule 5 of the Motor Vehicles Regulations 1996, as varied by these regulations, apply, in the case of an authorised examiner first appointed as such prior to 1 October 2004, from the first anniversary of the date of that appointment that falls after 1 October 2004.

(3)All other fees prescribed by Schedule 5 of the Motor Vehicles Regulations 1996, as varied by these regulations, apply from 1 October 2004.

(4)Despite regulation 8—

(a)the fees prescribed in respect of the issue or renewal of a driver's licence by Schedule 5 of the Motor Vehicles Regulations 1996, as in force immediately before the commencement of these regulations, continue to apply where the issue or renewal is to take effect before 1 October 2004; and

(b)all other fees prescribed by Schedule 5 of the Motor Vehicles Regulations 1996, as in force immediately before the commencement of these regulations, continue to apply until 1 October 2004.

Motor Vehicles Variation Regulations 2005 (No 100 of 2005), Sch 1

1—Transitional provision

(1)The fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the Motor Vehicles Regulations 1996, as substituted by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2005.

(2)All other fees prescribed in Schedule 5 of the Motor Vehicles Regulations 1996, as substituted by these regulations, apply from 1 July 2005.

(3)Despite regulation 8—

(a)the fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the Motor Vehicles Regulations 1996, as in force immediately before the commencement of these regulations, continue to apply where the issue or renewal is to take effect before 1 July 2005; and

(b)all other fees prescribed by Schedule 5 of the Motor Vehicles Regulations 1996, as in force immediately before the commencement of these regulations, continue to apply until 1 July 2005.

Motor Vehicles Variation Regulations 2005 (No 215 of 2005), Sch 1—Transitional provision

The items relating to section 81A in Schedule 6 Part 1 of the Motor Vehicles Regulations 1996 as in force immediately before the commencement of these regulations continue to apply in relation to a provisional licence referred to in clause 5 of Schedule 1 of the Motor Vehicles (Licences and Learner's Permits) Amendment Act 2005.

Motor Vehicles Variation Regulations 2005 (No 233 of 2005), Sch 1

1—Transitional provisions

(1)A person who, immediately before the commencement of these regulations, was the holder of a driver's licence endorsed with the classification R-DATE is authorised, while the holder of that licence, to drive—

(a)a motor bike or motor trike that has an engine capacity not exceeding 250 millimetres; or

(b)a motor bike or motor trike that—

(i)has an engine capacity not exceeding 660 millilitres and a power to weight ratio not exceeding 150 kilowatts per tonne; and

(ii)is of a kind approved from time to time by the Registrar by notice in the Gazette.

(2)A person who, immediately before the commencement of these regulations, was the holder of a learner's permit endorsed with the letters "R-DATE" is authorised, while the holder of a driver's licence endorsed with the classification R-DATE, to drive a motor bike or motor trike of a kind referred to in subclause (1).

(3)A person who, immediately before the commencement of these regulations, was the holder of a driver's licence subject to a condition endorsed on the licence with the letter "E", is authorised, while the holder of that licence, to drive a motor bike or motor trike of a kind referred to in subclause (1).

(4)A person who, immediately before the commencement of these regulations, was the holder of a learner's permit endorsed with the letters "R-DATE", is authorised, while the holder of that permit, to drive a motor bike or motor trike of a kind referred to in subclause (1).

Motor Vehicles Variation Regulations 2005 (No 237 of 2005), Sch 1—Transitional provision

If, after the commencement of these regulations, a person is convicted of, or expiates, an offence—

(a)that was committed or allegedly committed before the commencement of these regulations; and

(b)that would, if the person had been convicted of, or expiated, the offence before the commencement of these regulations, have resulted in the person incurring 6 demerit points,

the person will, despite the amendments to Schedule 7 of the Motor Vehicles Regulations 1996 effected by these regulations, incur 6 demerit points.

Motor Vehicles (Fees) Variation Regulations 2006 (No 132 of 2006), Sch 1

1—Transitional provision

(1)The fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the Motor Vehicles Regulations 1996, as substituted by these regulations, apply where the issue or renewal is to take effect on or after 17 July 2006.

(2)All other fees prescribed in Schedule 5 of the Motor Vehicles Regulations 1996, as substituted by these regulations, apply from 1 July 2006.

(3)Despite regulation 5—

(a)the fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the Motor Vehicles Regulations 1996, as in force immediately before the commencement of these regulations, continue to apply where the issue or renewal is to take effect before 17 July 2006; and

(b)all other fees prescribed by Schedule 5 of the Motor Vehicles Regulations 1996, as in force immediately before the commencement of these regulations, continue to apply until 1 July 2006.

Motor Vehicles (Fees) Variation Regulations 2007 (No 73 of 2007), Sch 1

1—Transitional provision

(1)The fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the Motor Vehicles Regulations 1996, as substituted by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2007.

(2)All other fees prescribed in Schedule 5 of the Motor Vehicles Regulations 1996, as substituted by these regulations, apply from 1 July 2007.

(3)Despite regulation 4—

(a)the fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the Motor Vehicles Regulations 1996, as in force immediately before the commencement of these regulations, continue to apply where the issue or renewal is to take effect before 1 July 2007; and

(b)all other fees prescribed by Schedule 5 of the Motor Vehicles Regulations 1996, as in force immediately before the commencement of these regulations, continue to apply until 1 July 2007.

Motor Vehicles (Fees) Variation Regulations 2008 (No 70 of 2008), Sch 1

1—Transitional provision

(1)The fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the Motor Vehicles Regulations 1996, as substituted by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2008.

(2)All other fees prescribed in Schedule 5 of the Motor Vehicles Regulations 1996, as substituted by these regulations, apply from 1 July 2008.

(3)Despite regulation 9—

(a)the fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the Motor Vehicles Regulations 1996, as in force immediately before the commencement of these regulations, continue to apply where the issue or renewal is to take effect before 1 July 2008; and

(b)all other fees prescribed by Schedule 5 of the Motor Vehicles Regulations 1996, as in force immediately before the commencement of these regulations, continue to apply until 1 July 2008.

Motor Vehicles (Fees) Variation Regulations 2009 (No 82 of 2009), Sch 1

1—Transitional provision

(1)The fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the Motor Vehicles Regulations 1996, as substituted by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2009.

(2)All other fees prescribed in Schedule 5 of the Motor Vehicles Regulations 1996, as substituted by these regulations, apply from 1 July 2009.

(3)Despite regulation 5—

(a)the fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 5 of the Motor Vehicles Regulations 1996, as in force immediately before the commencement of these regulations, continue to apply where the issue or renewal is to take effect before 1 July 2009; and

(b)all other fees prescribed by Schedule 5 of the Motor Vehicles Regulations 1996, as in force immediately before the commencement of these regulations, continue to apply until 1 July 2009.

Motor Vehicles (Fees) Variation Regulations 2009 (No 177 of 2009)

5—Transitional provision

The fees prescribed in respect of the issue or renewal of a driver's licence by clause 19(1)(a) and (b) of Schedule 5 of the Motor Vehicles Regulations 1996, as varied by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2009 (see Schedule 1 clause 1(3)(a) of the Motor Vehicles (Fees) Variation Regulations 2009 (No 82 of 2009) made on 4 June 2009 for the fees payable in respect of the issue or renewal of a driver's licence that is to take effect before 1 July 2009).

Historical versions

Reprint No 1—31.10.1996

Reprint No 2—3.2.1997

Reprint No 3—27.2.1997

Reprint No 4—24.4.1997

Reprint No 5—13.5.1997

Reprint No 6—1.7.1997

Reprint No 7—25.9.1997

Reprint No 8—17.11.1997

Reprint No 9—4.12.1997

Reprint No 10—15.1.1998

Reprint No 11—31.5.1998

Reprint No 12—15.6.1998

Reprint No 13—1.7.1998

Reprint No 14—1.9.1998

Reprint No 15—13.11.1998

Reprint No 16—22.4.1999

Reprint No 17—27.5.1999

Reprint No 18—1.7.1999

Reprint No 19—6.9.1999

Reprint No 20—1.12.1999

Reprint No 21—1.5.2000

Reprint No 22—25.5.2000

Reprint No 23—1.6.2000

Reprint No 24—15.8.2000

Reprint No 25—31.8.2000

Reprint No 26—19.10.2000

Reprint No 27—31.5.2001

Reprint No 28—17.6.2001

Reprint No 29—9.7.2001

Reprint No 30—11.10.2001

Reprint No 31—6.6.2002

Reprint No 32—1.7.2002

Reprint No 33—1.3.2003

Reprint No 34—29.5.2003

Reprint No 35—1.7.2003

Reprint No 36—4.12.2003

Reprint No 37—15.12.2003

25.3.2004 (electronic only)

20.5.2004

27.5.2004

1.7.2004

8.7.2004

1.8.2004

2.9.2004

20.9.2004

1.11.2004 (electronic only)

4.11.2004

27.1.2005

26.5.2005

1.7.2005

31.10.2005

14.11.2005

1.12.2005

8.12.2005

16.3.2006

15.6.2006

1.7.2006

30.4.2007

7.6.2007

1.7.2007

31.1.2008

1.3.2008

5.6.2008

23.6.2008 (electronic only)

1.7.2008

29.9.2008

25.1.2009

31.1.2009

1.5.2009

1.6.2009

4.6.2009 (electronic only)

11.6.2009

1.7.2009

2.7.2009

31.8.2009

24.9.2009