Motor Vehicles Regulations 2010 (SA)
South Australia
under the
These regulations may be cited as the
Motor Vehicles Regulations 2010 .
(1) In these regulations, unless the contrary intention appears—
Act means theMotor Vehicles Act 1959 ;
approved hazard perception test has the same meaning as in section 79A of the Act;
approved theoretical examination has the same meaning as in section 79 of the Act;
articulated bus means a bus consisting of more than 1 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 1 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 1 axle group or single axle and a fifth wheel coupling designed to convert a semi‑trailer into a dog trailer;
current registration details certificate , in relation to a motor vehicle, means—
(a) the most recent registration details certificate issued on the Registrar's own initiative in relation to the motor vehicle; or
(b) a registration details certificate issued on application by the owner of the motor vehicle since the registration of the vehicle was last renewed;
dog trailer means a trailer (including a trailer consisting of a semi‑trailer and converter dolly) with—
(a) 1 axle group or single axle at the front that is steered by connection to the towing vehicle by a drawbar; and
(b) 1 axle group or single axle at the rear;
electric personal transporter has the same meaning as in theRoad Traffic (Miscellaneous) Regulations 2014 ;
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) 2 golf courses that are adjacent to one another and are managed by the same club or authority;
government‑registered motor vehicle means a motor vehicle in respect of which the Registrar has issued number plates of the class established by the Registrar under section 47A of the Act asClass 8—Government Vehicle Number Plates ;
high powered vehicle exemption means an exemption from section 81A(13) of the Act granted to the holder of a provisional licence under section 81A(14) of the Act;
low loader means a gooseneck semi‑trailer with a loading deck no more than 1 metre above the ground;
low loader dolly means a mass distributing device that—
(a) is usually coupled between a prime mover and a low loader; and
(b) consists of a gooseneck rigid frame; and
(c) does not carry any load directly on itself; and
(d) is equipped with 1 or more axles, a kingpin and a fifth wheel coupling;
L plate —see regulation 50;
Metropolitan Adelaide has the same meaning as in theDevelopment Act 1993 ;
moped means a 2 or 3 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 bike rider knowledge test means a test approved by the Registrar relating to basic motor bike knowledge;
motor bike specific hazard awareness test means a test approved by the Registrar relating to motor bike specific hazards;
motor trike means a motor vehicle with 3 wheels, but does not include—
(a) a 2 wheeled motor vehicle with a sidecar attached to it and supported by a third wheel; or
(b) a motor vehicle with 3 wheels that has a body type commonly known as, or similar to, a sedan, station wagon, coupe, convertible, roadster, utility, tray top or van;
notifiable vehicle —see Part 7;
power-assisted pedal cycle means a power-assisted pedal cycle within the meaning of vehicle standards determined under theMotor Vehicle Standards Act 1989 of the Commonwealth, but does not include such a pedal cycle if it has an auxiliary propulsion motor comprised (in whole or in part) of an internal combustion engine;
Note—
power-assisted pedal cycle is defined in theVehicle Standard (Australian Design Rule - Definitions and Vehicle Categories) 2005 which are vehicle standards determined under section 7 of theMotor Vehicle Standards Act 1989 of the Commonwealth. The definition includes vehicles referred to as pedalecs.
pre‑learner's permit motor bike training course means the course of that name conducted by the Transport Department (which may consist of multiple components);
pre‑licence motor bike training course means the course of that name conducted by the Transport Department (which may consist of multiple components);
prescribed event means—
(a) the annual Royal Adelaide Show; or
(b) a country field day event; or
(c) a boat or motor show; or
(d) any other exhibition, fair or show;
P plate —see regulation 51;
registered number , in relation to a motor vehicle, means the number allotted to the motor vehicle under section 46 of the Act;
registration details certificate means a certificate issued by the Registrar under regulation 35A;
restricted motor bike learner's permit has the same meaning as in section 75B of the Act;
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 2 trailers (counting as 1 trailer a converter dolly supporting a semi‑trailer);
special purpose vehicle has the same meaning as in theMotor Vehicles (National Heavy Vehicles Registration Fees) Regulations 2008 ;
Transport Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Act;
ultra high powered vehicle means a motor vehicle—
(a) with a GVM not greater than 4.5 tonnes, but not including a bus or a motor bike or motor trike; and
(b) with a power to weight ratio equal to or greater than 276 kilowatts per tonne;
unladen mass has the same meaning as in theRoad Traffic Act 1961 ;
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 authorised 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.
(1a) In these regulations,
recognised secondary education or training ,recognised tertiary education or training andrecognised vocational education and training have the same respective meanings as in Schedule 2 clause 3 of the Act.(2) In these regulations, unless the contrary intention appears,
engine number ,vehicle identification number andvehicle identification plate have the same respective meanings as in Part 3A of theRoad Traffic Act 1961 .(3) For the purposes of these regulations—
(a) the
power to weight ratio —
(i) of a motor bike or motor trike is to be calculated by dividing its engine power (in kilowatts) by the sum of its tare mass (in kilograms) and 90 kilograms, and multiplying the product of that division by 1 000;
(ii) of a motor vehicle other than a motor bike or motor trike is to be calculated by dividing the vehicle's engine power (in kilowatts) by its tare mass (in kilograms), and multiplying the product of that division by 1 000;
(b) the
engine power of a motor vehicle is the engine power stated in the Road Vehicle Descriptor for that vehicle's make and model published by the Commonwealth Department of Infrastructure and Regional Development;(c) the
tare mass of a motor vehicle is—
(i) the tare mass as stated in the Road Vehicle Descriptor for that vehicle's make and model published by the Commonwealth Department of Infrastructure and Regional Development; or
(ii) if the tare mass is not stated in the Road Vehicle Descriptor—the tare mass for that vehicle's make and model as stated in the manufacturer's specifications; or
(iii) if the tare mass is not stated in the Road Vehicle Descriptor or the manufacturer's specifications—the tare mass for that vehicle as determined by the Registrar.
(1) The following classes of motor vehicles are prescribed as high powered vehicles for the purposes of the Act (see the definition of
high powered vehicle in section 5(1) of the Act):
(a) light vehicles that have been manufactured before 1 January 2010 and have been modified to increase engine performance (other than vehicles that have been so modified by the manufacturer in the course of the manufacture of the vehicle);
(b) light vehicles that have been manufactured before 1 January 2010 and have engines with 8 or more cylinders;
(c) light vehicles that have been manufactured before 1 January 2010 and are turbocharged or supercharged (other than such light vehicles that have engines with less than 8 cylinders and are diesel powered);
(d) light vehicles that have been manufactured on or after 1 January 2010 and have been modified to vary engine performance (other than vehicles that have been so modified by the manufacturer in the course of the manufacture of the vehicle);
(e) light vehicles (other than motor bikes and motor trikes) that have been manufactured on or after 1 January 2010 and have a power to weight ratio greater than 130 kilowatts per tonne in tare mass.
(2) In this regulation—
light vehicle means a motor vehicle that is not a heavy vehicle.4 Meaning of interstate non‑provisional licence, interstate provisional licence and unconditional licence
(1) For the purposes of the definition of
interstate non‑provisional licence in section 5(1) of the Act, the following types of licences are prescribed:
(a) a licence to drive a motor vehicle (other than a permit licence or a provisional licence) issued under the
Motor Vehicles Act 1949 of the Northern Territory;(b) a driver licence (other than a learner permit or probationary licence) issued under the
Road Safety Act 1986 of Victoria;(c) a driver's licence (other than a learners' permit or probationary licence) issued under the
Road Traffic Act 1974 of Western Australia;(d) a driver licence (other than a learner licence or a provisional licence) issued under the
Road Transport Act 2013 of New South Wales;(e) a driver licence (other than a learner licence or a provisional licence) issued under the
Road Transport (Driver Licensing) Act 1999 of the Australian Capital Territory;(f) a driver licence (other than a learner licence or a provisional licence) issued under the
Transport Operations (Road Use Management) Act 1995 of Queensland;(g) a driver licence (other than a learner licence or a provisional licence) issued under the
Vehicle and Traffic Act 1999 of Tasmania.(2) For the purposes of the definition of
interstate provisional licence in section 5(1) of the Act, the following types of licences are prescribed:
(a) a provisional licence issued under the
Motor Vehicles Act 1949 of the Northern Territory;(b) a probationary licence issued under the
Road Safety Act 1986 of Victoria;(c) a probationary licence issued under the
Road Traffic Act 1974 of Western Australia;(d) a provisional licence issued under the
Road Transport Act 2013 of New South Wales;(e) a provisional licence issued under the
Road Transport (Driver Licensing) Act 1999 of the Australian Capital Territory;(f) a provisional licence issued under the
Transport Operations (Road Use Management) Act 1995 of Queensland;(g) a provisional licence issued under the
Vehicle and Traffic Act 1999 of Tasmania.(3) For the purposes of paragraph (b) of the definition of
unconditional licence in section 5(1) of the Act, an interstate non‑provisional licence that is not subject to 1 or more conditions the same as or similar to prescribed conditions is prescribed.(4) A reference in this regulation to a
licence orpermit of a particular type issued by a specified State or Territory includes a reference to a licence or permit of a type issued by that State or Territory that is the same in substance as that licence or permit.
In accordance with section 5(6a) of the Act, the following modifications are prescribed:
(a) section 75 of the Act is modified to provide that subsection (2) does not apply to a licence issued in electronic form;
(b) section 75AAA of the Act is modified to provide (in addition to its present contents)—
(i) that if any licence issued in the form of a physical document or item is subsequently also issued in electronic form, the fact that the licence has been issued in electronic form will not affect the term of the licence; and
(ii) that the reference to the grant of a licence in subsection (2)(a) is a reference to the licence when issued in the form of a physical document or item;
(c) section 75AAA(11)(a) of the Act is modified by inserting after "the licence" the following words:
(including, if the licence has also been issued in electronic form, cancelling that electronic form of the licence)
(d) section 75A of the Act is modified to provide that subsection (9)(a) does not apply in relation to a learner's permit issued in electronic form.
5 Exemption from registration and insurance for certain vehicles used by disabled persons A motor vehicle (other than a motor car) is prescribed for the purposes of section 12A(1) of the Act 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 1 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.
6 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.
7 Exemptions from registration and insurance for certain motor vehicles being towed or on display at prescribed events
(1) The following motor vehicles may be used on roads without registration and insurance:
(a) a motor vehicle (other than a trailer) that is being towed by a towtruck;
(b) subject to subregulation (2)—an agricultural implement, agricultural machine or any other motor vehicle that is on static display at a prescribed event.
(2) The exemption set out in subregulation (1)(b) is subject to the condition that there must be in force a policy of insurance indemnifying the owner of the agricultural implement, agricultural machine or other motor vehicle (as the case may be) in the amount of at least $20 000 000 in relation to death or bodily injury caused by, or arising out of, the static display of the agricultural implement, agricultural machine or other motor vehicle at the prescribed event.
8 Exemption from registration and insurance for golf carts and mopeds A golf cart or moped may be driven on roads without registration or insurance subject to the following conditions:
(a) the vehicle must not be driven on a road that does not form part of a golf course except to travel by the shortest available route from one part of a golf course to another part of the golf course;
(b) the vehicle must not be used, either wholly or partly, for the purpose of hiring it to another person for fee or reward;
(c) the vehicle must not be driven 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 $10 000 000 in relation to death or bodily injury caused by, or arising out of, the use of the vehicle must be in force.
8A Exemption from registration and insurance for electric personal transporters An electric personal transporter may be driven on roads without registration or insurance subject to the following conditions:
(a) the transporter must not be driven except by the owner of the transporter or a person authorised by the owner of the transporter;
(b) a policy of public liability insurance indemnifying the owner and any authorised driver of the transporter in an amount of at least $20 000 000 in relation to death or bodily injury caused by, or arising out of, the use of the transporter must be in force.
9 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 $20 000 000 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: $750.
(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 Exemption from registration and insurance for power‑assisted pedal cycles A power‑assisted pedal cycle may be driven on roads without registration or insurance.
10A Exemption from registration and insurance for motor vehicles returning from extinguishing or controlling a fire
(1) A motor vehicle that has been driven from a location without registration or insurance in accordance with the exemption specified in section 12B(1)(a) of the Act, may be driven on roads without registration or insurance under Part 4 of the Act subject to the following conditions:
(a)
the motor vehicle may only be driven, by the shortest practicable route, back to that location or to another location at which the motor vehicle is to be kept;
(b) a policy of public liability insurance indemnifying the owner and any authorised driver of the motor vehicle in an amount of at least $5 000 000 in relation to death or bodily injury caused by, or arising out of, the use of the motor vehicle on roads must be in force.
(2) A person who drives a motor vehicle on a road without registration or insurance under Part 4 of the Act as authorised by this regulation must, if requested by a police officer to do so, 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: $750.
11 Permit to drive unregistered vehicle in prescribed circumstances A permit under section 16(1)(c)(ii) of the Act may authorise a motor vehicle to be driven on roads without registration in the following prescribed circumstances:
(a) to enable the vehicle to be driven in a street procession, motor club rally or other similar activity;
(b) to enable the vehicle to be moved to another location;
(c) to enable the vehicle to be towed by another motor vehicle (other than a towtruck);
(d) to enable the vehicle to be driven for a limited number of short journeys.
11A Cessation of permit when registration information publicly available For the purposes of section 16(7)(a)(ii) and (b)(ii) of the Act, the prescribed manner in which information becomes publicly available is by publication of the information on a website maintained by the Registrar for the purpose.
12 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.
12A Exemption relating to vehicles registered etc interstate or overseas A person who drives a motor vehicle, or causes a motor vehicle to stand, on a road is exempt from the operation of section 19A(1)(c) of the Act insofar as that paragraph imposes requirements relating to the visibility and legibility of number plates, if the motor vehicle—
(a) is approved by the Minister for Tourism as a motor vehicle that may be driven, or caused to stand, on a road in relation to an event specified in a notice under regulation 25(4); and
(b) is being so driven or caused to stand during the period, and in accordance with the conditions, specified in the notice.
(1) An eligible person who holds a foreign licence that is in force and that is of a kind that is equivalent to—
(a) a licence endorsed with the C classification is exempt from the requirements applying in sections 79 and 79A of the Act and any fee payable for the issue of, or a test or examination relating to, a licence endorsed with the C classification (to the extent that the requirements or fee apply to such a licence); and
(b) a licence endorsed with the R classification is exempt from the requirements applying in sections 79 and 79A of the Act and any fee payable for the issue of, or a test or examination relating to, a licence endorsed with the R classification (to the extent that the requirements or fee apply to such a licence); and
(c) a licence endorsed with the R-DATE classification is exempt from the requirements applying in sections 79 and 79A of the Act and any fee payable for the issue of, or a test or examination relating to, a licence endorsed with the R-DATE classification (to the extent that the requirements or fee apply to such a licence).
(2) An eligible person who holds a licence issued under this Act is exempt from a fee payable for the renewal of the licence, or for the issue of any other licence under this Act.
(3) In this regulation—
consular official means an individual who holds or is acting in any of the following positions or titles:
(a) Consul-General;
(b) Deputy Consul-General;
(c) Consul;
(d) Vice-Consul;
(e) Diplomatic Officer with diplomatic rank;
eligible person means—
(a) a consular official; or
(b) a spouse or domestic partner of a consular official who resides with the official.
13 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 contain the following particulars:
(a) the name of the person who completed the report;
(b) the vehicle identification number of the vehicle;
(c) the month and year of manufacture of the vehicle;
(d) the make of the vehicle;
(e) in the case of a motor vehicle other than a caravan or trailer—the body type and engine number of the vehicle.
14 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 7 of these regulations;
(b) interstate written‑off vehicles, within the meaning of Part 7 of these regulations;
(c) vehicles that are the subject of a recall notice made under section 122 of the
Australian Consumer Law .
(1) In this Division—
ambulance means a motor vehicle driven by—
(a) a person engaged in the provision of emergency ambulance services under section 57(1) of the
Health Care Act 2008 on behalf of SA Ambulance Service Inc or any other person engaged in the provision of emergency ambulance services under section 57(1) of that Act; or(b) a person engaged in the provision of emergency ambulance services under section 57(2)(a) of the
Health Care Act 2008 ;
emergency response vehicle means an ambulance, fire fighting vehicle or rescue vehicle;
fire fighting vehicle means a motor vehicle that is used principally for the purpose of fire fighting and is fitted with rotating flashing emergency lights, a siren or repeater horn and fire fighting equipment;
individually constructed vehicle means a motor vehicle that is not a production vehicle;
production vehicle means a motor vehicle manufactured and marketed in volume for normal road use;
rescue vehicle means a motor vehicle that is used principally for the purpose of taking action in connection with emergencies and is fitted with flashing emergency lights, a siren or repeater horn and rescue equipment;
street rod vehicle means a motor vehicle that has been modified for safe use on roads and—
(a) has a body and frame that were built before 1949; or
(b) is a replica of a vehicle the body and frame of which were built before 1949.
(2) For the purposes of this Division—
(a) a motor vehicle is a
historic vehicle if 25 years or more have elapsed since 1 January of the year in which the vehicle was manufactured;(b) a motor vehicle is a
left hand drive vehicle if—
(i) 25 years or more have elapsed since 1 January of the year in which the vehicle was manufactured; and
(ii) the vehicle has its steering wheel on the left of the longitudinal axis of the vehicle.
16 Historic, individually constructed, left hand drive and street rod vehicles
(1) For the purposes of section 25(1)(a) of the Act, the following classes of motor vehicles are prescribed:
(a) a historic vehicle that has been built or modified in accordance with requirements or specifications accepted by the Registrar;
(ab) an individually constructed vehicle—
(i) that has been built in accordance with requirements or specifications accepted by the Registrar; and
(ii) in respect of which there is in force an exemption under section 163AA of the
Road Traffic Act 1961 from compliance with specified Australian Design Rules or other vehicle standards prescribed under that Act;(b) a left hand drive vehicle that has been built or modified in accordance with requirements or specifications accepted by the Registrar;
(c) a street rod vehicle—
(i) that has been built or modified in accordance with requirements or specifications accepted by the Registrar; and
(ii) in respect of which there is in force an exemption under section 163AA of the
Road Traffic Act 1961 from compliance with specified Australian Design Rules or other vehicle standards prescribed under that Act.(2) The registration of a historic vehicle, individually constructed vehicle, left hand drive vehicle or street rod vehicle under section 25 of the Act is subject to the following conditions:
(a) a condition that a person must not drive the vehicle, or cause, suffer or permit the vehicle to be driven, on a road unless the owner of the vehicle is a financial member of a motor vehicle club recognised by the Registrar for the purposes of this regulation;
(b) a condition that a person who drives the vehicle on a road must—
(i) while doing so, carry in the vehicle a log book in a form approved by the Registrar; and
(ii) record in the log book, in accordance with the directions contained in the log book, particulars of each journey undertaken by the person in the vehicle; and
(iii) produce the log book for inspection on request made by an authorised officer or police officer;
(c) a condition that a person must not drive the vehicle, or cause, suffer or permit the vehicle to be driven, on a road on more than 90 days in each period of 12 months in the period of registration;
(d) a condition that a person must not drive the vehicle, or cause, suffer or permit the vehicle to be driven on a road, for fee, hire or reward;
(e) a condition that the owner of the vehicle must, at the request of the Registrar or the motor vehicle club to which the owner belongs, make the vehicle available for inspection by the Registrar or the club.
(3) The Registrar may by notice in the Gazette—
(a) recognise a motor vehicle club for the purposes of this regulation;
(b) impose such conditions on the recognition of the motor vehicle club as the Registrar thinks fit;
(c) if satisfied that—
(i) a motor vehicle club has contravened or failed to comply with a condition applying to its recognition by the Registrar; or
(ii) there is other good cause to do so,
withdraw the recognition of a motor vehicle club with effect from a date specified in the notice (being not less than 28 days from the date of publication of the notice).
(1) For the purposes of section 25(1)(a) of the Act, a vehicle (other than a tractor or agricultural machine) that—
(a) is owned by a primary producer; and
(b) is used in connection with the working of 2 or more separate parcels of land that are worked in conjunction with each other by that primary producer,
is a prescribed class of vehicle.
(2) The registration of such a vehicle under section 25 of the Act is subject to the condition that a person must not, during the period for which the vehicle is registered under that section, drive the vehicle, or cause, suffer or permit the vehicle to be driven, on a road except to enable the vehicle to be driven between the parcels of land referred to in subregulation (1).
(1) For the purposes of section 25(1)(a) of the Act, a vehicle that—
(a) is owned by the holder of a fishery authority under the
Fisheries Management Act 2007 ; and(b) is used solely for the purpose of towing a registered boat within the meaning of that Act,
is a prescribed class of vehicle.
(2) The registration of such a vehicle under section 25 of the Act is subject to the condition that a person must not, during the period for which the vehicle is registered under that section, drive the vehicle, or cause, suffer or permit the vehicle to be driven, on a road except for the purpose of—
(a) towing a boat referred to in subregulation (1)(b) to a place at which it is to be launched; or
(b) retrieving such a boat from a place at which it has been landed.
For the purposes of section 25(1)(a) of the Act, the following classes of vehicles are prescribed:
(a) an emergency response vehicle;
(b) a special purpose vehicle;
(c) a vehicle that is to be driven on a road for a limited number of short journeys;
(d) a road train;
(e) a B‑double;
(f) a vehicle in relation to which there is in force—
(i) an exemption granted by the Minister under section 163AA of the
Road Traffic Act 1961 exempting the vehicle from compliance with a requirement of Part 4 of that Act subject to conditions limiting the use of the vehicle (other than a restriction limiting the use of the vehicle to a particular road or roads or class of roads); or(ii) an exemption granted by the Minister under regulation 71 of the
Road Traffic (Miscellaneous) Regulations 2014 exempting the vehicle from compliance with a requirement of the regulations subject to conditions limiting the use of the vehicle (other than a restriction limiting the use of the vehicle to a particular road or roads or class of roads); or(iii) a mass or dimension exemption or vehicle standards exemption granted under the
Heavy Vehicle National Law (South Australia) .
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 regulation 19(f)) is declared to be exempt from stamp duty.
Note— See the
Stamp Duties Act 1923 (Schedule 2 clause 2(2) exemption 10A).
The period of registration of a motor vehicle registered under section 25 of the Act is—
(a) in the case of the registration of a historic vehicle, individually constructed vehicle, left hand drive vehicle or street rod vehicle—1, 2 or 3 years, at the option of the applicant; or
(b) in any other case—any number of quarters, not exceeding 12 quarters, at the option of the applicant.
The registration of a motor vehicle under section 25 of the Act may be transferred if—
(a) the vehicle is a road train or B‑double; or
(b) the vehicle is a special purpose vehicle and the transferee undertakes that the conditions of registration of the vehicle under that section will be complied with.
Division 4 Duty to notify alterations or additions to vehicles 23 Duty to notify alterations or additions to vehicles
(1) For the purposes of section 44(1) of the Act, the following alterations and additions are prescribed:
(a) an alteration of, or addition to, a motor vehicle by which the vehicle's mass is increased;
(b) an alteration of, or addition to, the specifications or tyres of a motor vehicle by which the GCM or GVM of the vehicle is varied;
(c) an alteration of the configuration of a heavy vehicle by which the configuration becomes an unregistered configuration within the meaning of section 43A of the Act;
(d) an alteration of, or addition to, the engine by which a motor vehicle is driven so as to enable the engine to drive the vehicle by a fuel that would not, but for the alteration or addition, drive the vehicle;
(e) the removal of the engine by which a motor vehicle is driven and the substitution of another engine;
(f) the removal of a pneumatic tyre from a motor vehicle having only pneumatic tyres, and the substitution of a tyre other than a pneumatic tyre;
(g) the removal of a tyre from a vehicle having no metal tyres, and the substitution of a metal tyre;
(h) the attachment of a sidecar to a motor bike not having a sidecar;
(i) an alteration or addition by which a motor vehicle that is not a commercial motor vehicle is converted into a commercial motor vehicle;
(j) an alteration or addition by which a commercial motor vehicle ceases to be a commercial motor vehicle;
(k) the wrecking or disassembling of a motor vehicle (other than a notifiable vehicle) where the engine, a part of the engine bearing the engine number or a part of the body bearing a vehicle identification number or vehicle identification plate is removed and not put back into place as part of the vehicle;
(l) the removal, alteration, defacement or obliteration of—
(i) a vehicle identification plate or vehicle identification number (other than a plate or number of a notifiable vehicle); or
(ii) an engine number,
except where, in relation to the removal of a vehicle identification plate (or a plate bearing a vehicle identification number or engine number), the plate is put back into place on the vehicle;
(m) the changing of the colour of a motor vehicle such that the vehicle ceases to be of the primary colour recorded as its colour in the register of motor vehicles.
(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;
(b) the date on which the alteration or addition was made;
(c) if the engine by which the vehicle is driven has been removed and substituted by another engine—
(i) 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;
(d) if an alteration has been made to the construction of the vehicle—a weighbridge note;
(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;
(f) details of any equipment that has been altered or added to the vehicle.
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, motor trike or trailer—1 number plate at the rear;
(ii) in the case of a tractor or agricultural machine—1 number plate;
(iii) in any other case—1 number plate at the front and 1 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;
(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;
(c) a number plate must be rectangular.
(1) A person who drives a motor vehicle, the front and rear of which is marked with its 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".
(3) A person who drives a motor vehicle, or causes a motor vehicle to stand, on a road is exempt from the operation of section 47(1) of the Act insofar as that section imposes requirements relating to the visibility and legibility of number plates, if the motor vehicle—
(a) is approved by the Minister for Tourism as a motor vehicle that may be driven, or caused to stand, on a road in relation to an event specified in a notice under subregulation (4); and
(b) is being so driven or caused to stand during the period, and in accordance with the conditions, specified in the notice.
(4) The Minister for Tourism may, with the concurrence of the Minister responsible for the administration of the Act, publish a notice in the Gazette—
(a) specifying an event; and
(b) specifying a period during which motor vehicles approved by the Minister for Tourism may be driven, or caused to stand, on a road in relation to the event; and
(c) specifying the conditions applicable to driving such a motor vehicle, or causing such a motor vehicle to stand, on a road in relation to the event.
(5) In any proceedings, a document purporting to be a certificate signed by the Minister for Tourism and certifying that, on a specified day, a specified motor vehicle was or was not approved as a motor vehicle that may be driven, or caused to stand, on a road in relation to an event specified in a notice under subregulation (4), is proof of the matter so certified in the absence of proof to the contrary.
For the purposes of section 47C(4) of the Act, the Registrar, a police officer or an authorised officer may only seize a number plate if—
(a) the Registrar has given a direction under section 47C(2) of the Act requiring a person to surrender the number plates; and
(b) the person has failed to comply with the direction; and
(c) the person has no reasonable excuse for failing to comply.
(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 the operation of 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 millimetres wide and 93 millimetres 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".
(3) A person who drives a motor vehicle, or causes a motor vehicle to stand, on a road in circumstances referred to in regulation 25(3) is exempt from the operation of section 47D(1)(c) of the Act.
Division 6 Suspension, cancellation and transfer of registration 28 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.
29 Purposes for which trade plates may be issued and used
(1) 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 2 separate journeys by the same prospective purchaser and each journey is completed within 3 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.(2) For the purposes of sections 62(1) and 66 of the Act, the following purposes are prescribed in relation to a commercial motor vehicle or trailer:
(a) delivery to the site of a prescribed event of—
(i) an agricultural implement, agricultural machine or any other motor vehicle that is to be on display at that site during the prescribed event; and
(ii) any equipment to be used for the purposes of, or in conjunction with, the display of the agricultural implement, agricultural machine or other motor vehicle during the prescribed event; and
(iii) any equipment, accessories or consumables for or associated with the agricultural implement, agricultural machine or other motor vehicle;
(b) return from the site of a prescribed event of—
(i) an agricultural implement, agricultural machine or any other motor vehicle that has been on display at that site during the prescribed event; and
(ii) any equipment used for the purposes of, or in conjunction with, the display of the agricultural implement, agricultural machine or other motor vehicle during the prescribed event; and
(iii) any equipment, accessories or consumables for or associated with the agricultural implement, agricultural machine or other motor vehicle.
(3) For the purposes of sections 62(1) and 66 of the Act, the following purposes are prescribed in relation to a trailer designed to carry a boat:
(a) delivery of a boat from the premises of the manufacturer of the boat to a place for storage or to business premises of a dealer or distributor of boats;
(b) delivery of a boat from business premises of a distributor of boats to business premises of a dealer of boats;
(c) delivery of a boat to or from waters for demonstration to a prospective purchaser of the boat of the performance of the boat on waters;
(d) delivery of a boat sold by a dealer of boats to a place nominated by the purchaser of the boat (whether within or outside the State);
(e) delivery of a boat to a workshop, boat yard or other place for repair or servicing of the boat or the making of alterations or additions to the boat;
(f) return of a boat from a workshop, boat yard or other place at which the boat has been repaired or serviced or at which alterations or additions have been made to the boat;
(g) delivery of a boat to the site of a prescribed event at which the boat is to be on display;
(h) return of a boat from the site of a prescribed event at which the boat has been on display.
30 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.
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.
(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.
Maximum penalty: $1 250.
(2) A person must not sell or supply trade plates without the approval of the Minister.
Maximum penalty: $1 250.
(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 1 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.
The Registrar may—
(a) on his or her own initiative; or
(b) on application by the owner of a registered motor vehicle and payment of the prescribed fee,
issue to the owner a certificate setting out the registered particulars of the motor vehicle and such other matters as the Registrar thinks fit.
(1) For the purposes of sections 56, 57(2) and 58(1) of the Act, a registration details certificate issued to the transferor is a prescribed document.
(2) For the purposes of sections 71A and 71B(1) of the Act, a registration details certificate is a prescribed document.
35C Carriage of permits issued under section 16 of Act A permit under section 16 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 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; 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 2 metres above ground level; and
(b) must be displayed so as to be clearly visible to a person facing the permit at a distance of 4 metres from the permit.
(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.
Maximum penalty: $2 500.
(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 25.(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.
Maximum penalty: $2 500.
(1) For the purposes of section 72(1) of the Act, the classifications appearing in column 1 of the table in Schedule 2 are prescribed.
(2) For the purposes of section 72(6) of the Act, a person who has held a driver's licence that is assigned the R‑DATE classification for at least 2 years will be taken to hold a licence that is assigned the R classification.
(3) For the purposes of section 72(7) of the Act, a licence that is assigned the R classification in accordance with subregulation (2) is not required to be endorsed with that classification if it is already endorsed with the R‑DATE classification.
Division 2 Driver's licences and learner's permits 43 Exemptions 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—
(a) the person—
(i) 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
(ii) renewed the licence within 3 months of that expiry; and
(iii) 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); or
(b) the person holds the relevant licence and is ordinarily resident in a remote area (as defined in section 98AAG of the Act).
44 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 1 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 1 or more photographs of the person,
the person must, at the time of supplying the photographs to the Registrar, also supply the Registrar with 1 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.
44A Use of photographs by Registrar under section 77BA(2)(e) of Act
(1) Photographs to which section 77BA of the Act applies may be used by the Registrar to conduct comparisons using a facial recognition system—
(a) to assist in determining whether the quality of the photographs is adequate for the photographs to be included in the register of licences; or
(b) to assist in determining whether a person’s photograph has been taken and recorded using more than 1 identity; or
(c) to assist in determining whether a person who is applying for, or has applied for, the issue or renewal of a licence or learner's permit already holds a licence or learner's permit; or
(d) to assist in determining whether a person who is applying for, or has applied for, the issue of a duplicate licence or learner's permit has already been issued a duplicate licence or learner's permit; or
(e) for any other purpose connected with the administration or enforcement of the Act.
(1a) Photographs to which section 77BA of the Act applies may be used by the Registrar—
(a) for inclusion on a motor driving instructor's licence; or
(b) to assist in determining the identity of a person applying for—
(i) the issue of a motor driving instructor's licence; or
(ii) the issue of a duplicate motor driving instructor's licence.
(2) In this regulation—
facial recognition system means a computer software application that uses biometric technology to identify a person or verify a person's identity by comparison of digital images of human faces using various facial features (such as a person's eyes, nose and mouth) as points of comparison;
register of licences means the register of licences under section 73 of the Act.45 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.
(1a) If a person who holds a designated licence—
(a) is employed at a motor vehicle related workplace; and
(b) is required to drive an ultra high powered vehicle on a road in the course of their employment,
the person may drive an ultra high powered vehicle as so required.
(1b) A person who holds a designated licence may, for the purpose of test driving an ultra high powered vehicle from a motor vehicle dealer, drive the ultra high powered vehicle on a road if, for the duration of the test drive—
(a) the person is accompanied by an employee of the dealer who holds a licence that is assigned the U classification; and
(b) the employee occupies a seat in the vehicle next to the person; and
(c) the person does not drive the vehicle at a speed exceeding 100 kilometres an hour.
(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.
(3) A person may drive a power‑assisted pedal cycle without holding a driver's licence or learner's permit.
(3a) A person may drive an electric personal transporter without holding a driver's licence or learner's permit.
(4) A person may drive a self‑propelled wheelchair or a motor vehicle of a class prescribed by regulation 5 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.
(4a) A person may drive a motor bike without holding a driver's licence or learner's permit authorising the driving of a motor bike if—
(a) the person is driving the motor bike in the course of undertaking a pre‑learner's permit motor bike training course; and
(b) a plate bearing the letter "L" (an
L plate ) that complies with the requirements set out in regulation 50(1)(b) is displayed at, and is clearly visible from, the rear of the motor bike; and(c) the person, in the course of driving the motor bike, complies with any other requirements of the Registrar.
(5) 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.
(6) However, subregulation (5) 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 (7) is in force in relation to the person.
(7) If the Registrar is of the opinion that—
(a) a person to whom subregulation (5) applies is not suitable to drive a motor home in this State; or
(b) the ability of a person to whom subregulation (5) 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 (5).
(8) The Registrar may revoke a notice under subregulation (7) by further notice to the person.
(9) A person must, while driving a motor home on roads in this State under subregulation (5)—
(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.
(10) If a person drives a motor home in this State under subregulation (5), 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.
(10a) For the purposes of subregulation (1a), a reference to a person being
employed at a motor vehicle related workplace will be taken to include a reference to a person who—
(a) is self‑employed; or
(b) carries out work under a contract for services,
in respect of the workplace, and
employment has a corresponding meaning.
(11) In this regulation—
designated licence means a licence other than—
(a) a learner's permit; or
(b) a provisional licence; or
(c) a driver's licence that is assigned the U classification; or
(d) a driver's licence that is assigned only the R‑DATE or R classification;
international driving permit ,interstate licence andpermanent resident have the same respective meanings as in section 97A of the Act;
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;
motor vehicle related workplace means a place at which the primary business relates to the repair, sale, trade, inspection or transport of motor vehicles, or the renting or leasing out of motor vehicles.45A Section 75(1)(aa)(i) of Act – exemption for certain applicants If—
(a) a person applies for a licence authorising the driving of a motor bike; and
(b) the person is entitled to apply for such a licence by virtue of section 81BA(3)(b) or 81BB(7)(b) of the Act; and
(c) the person is at least 17 years of age,
the person is exempt from the operation of section 75(1)(aa)(i) of the Act in respect of the application for the licence.
For the purposes of the definition of
prescribed locality in section 75A(1) of the Act, the following areas of the State are defined:
(a) those areas within postcode 5118 constituted by Concordia, Kangaroo Flat, Kingsford and Ward Belt;
(b) those areas within postcode 5120 constituted by Buckland Park;
(c) those areas within the following postcodes:
(i) 5153;
(ii) 5154;
(iii) 5157;
(d) those areas within postcode 5172 constituted by Hope Forest, Kuitpo Colony, Kyeema, Pages Flat, Willunga Hill, Willunga South, Yundi, The Range, Dingabledinga and Montarra;
(e) those areas within postcode 5174 constituted by Sellicks Hill;
(f) those areas within the postcodes between 5201 and 5495 (inclusive), other than an area within the following postcodes:
(i) 5231;
(ii) 5232;
(iii) 5240;
(iv) 5242;
(v) 5245;
(vi) 5250;
(vii) 5251;
(g) those areas within postcode 5501 constituted by Long Plains, Calomba, Avon, Middle Beach, Port Gawler, Lower Light, Dublin, Thompson Beach, Webb Beach, Parham, Windsor and Wild Horse Plains;
(h) those areas within the postcodes between 5502 and 5734 (inclusive).
45C Section 75A(2)(a)(v)(A) of Act – prescribed training, requirements and exemptions
(1) For the purposes of section 75A(2)(a)(v)(A) of the Act, the following requirements are prescribed:
(a) the applicant has passed the motor bike rider knowledge test;
(b) the applicant has passed the motor bike specific hazard awareness test.
(2) To avoid doubt, the tests referred to in subregulation (1)—
(a) must be undertaken by each applicant for a learner's permit authorising the driving of a motor bike (whether or not the applicant is exempt from undertaking the pre‑learner's permit motor bike training course); and
(b) must, in the case of an applicant for a learner's permit authorising the driving of a motor bike who is not exempt from the requirement to undertake the pre‑learner's permit motor bike training course, be undertaken prior to undertaking that course.
(3) For the purposes of section 75A(2)(a)(v)(A) of the Act, the pre‑learner's permit motor bike training course (comprising parts A and B) is prescribed.
(4) An applicant for a learner's permit authorising the driving of a motor bike who resides more than 100 kilometres from the nearest place at which training referred to in subregulation (3) is conducted is exempt from the requirement in section 75A(2)(a)(v)(A) of the Act prescribed by subregulation (3).
(5) The Registrar may, on application by an applicant for a learner's permit authorising the driving of a motor bike and payment of the fee (if any) determined by the Registrar, grant the applicant an exemption from the requirement in section 75A(2)(a)(v)(A) of the Act prescribed by—
(a) subregulation (1); or
(b) subregulation (3),
subject to such conditions as the Registrar thinks fit.
45D Section 75A(10)(c) of Act – exemption while driving motor trike The holder of a learner's permit is, while driving a motor trike on a road pursuant to the permit, exempt from the operation of section 75A(10)(c) of the Act.
45E Offence against section 75A(20) of Act – prescribed circumstances (section 75A(21)(b) of Act) For the purposes of section 75A(21)(b) of the Act—
(a) in the case of an offence committed while the person was the holder of a restricted motor bike learner's permit—driving a motor bike in the course of undertaking—
(i) recognised tertiary education or training; or
(ii) recognised vocational education and training,
is driving the motor bike in prescribed circumstances; or
(b) in any other case—driving a motor bike in the course of undertaking—
(i) recognised secondary education or training; or
(ii) recognised tertiary education or training; or
(iii) recognised vocational education and training,
is driving the motor bike in prescribed circumstances.
45F Section 75A(20) of Act – exemption for certain restricted motor bike learner's permit holders The holder of a restricted motor bike learner's permit is exempt from section 75A(20) if—
(a) —
(i) the holder of the permit is 18 years of age or older; or
(ii) the holder of the permit—
(A) is 17 years of age or older; and
(B) is the holder of a provisional driver's licence; and
(b) the holder of the permit drives a motor bike on a road—
(i) in circumstances prescribed by Schedule 2 of the Act for the purposes of section 75A(21); or
(ii) in the course of undertaking—
(A) recognised secondary education or training; or
(B) recognised tertiary education or training; or
(C) recognised vocational education and training.
45G Section 75B(1) of Act – exemption for certain restricted motor bike learner's permit holders The holder of a restricted motor bike learner's permit is exempt from the operation of section 75B(1) of the Act—
(a) on and after the day on which they attain the age of 18 years; or
(b) if the holder of the permit—
(i) is 17 years of age or older; and
(ii) is the holder of a provisional driver’s licence.
45H Offence against section 75B(1) of Act – prescribed circumstances (section 75B(1)(d) of Act) For the purposes of section 75B(1)(d) of the Act, driving a motor bike in the course of undertaking—
(a) recognised tertiary education or training; or
(b) recognised vocational education and training,
is driving the motor bike in prescribed circumstances.
46 Examination of applicant for licence or learner's permit
(1) For the purposes of section 79(1) of the Act—
(a) an approved 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) an approved 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—
(A) orally in the English language; or
(B) in such other manner as may be approved by the Registrar; 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—
(A) orally or in writing (as required by the Registrar) in the person's principal language; or
(B) in such other manner as may be approved by the Registrar.
(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) in the case of an examination taken in person by the applicant at premises or a class of premises determined by the Registrar—a number that equals 80% of the questions asked in the examination; or
(b) in any other case—a number that equals 90% of the questions asked in the examination.
46A Section 79A of Act – exemptions from certain requirements
(1) The Registrar may, on application by an applicant for a provisional licence and payment of the fee (if any) determined by the Registrar, grant the applicant an exemption from the requirements in section 79A(3)(b)(i) and 79A(7)(d)(i) of the Act, subject to such conditions as the Registrar thinks fit.
(2) An applicant for a licence authorising the driving of a motor bike who resides more than 100 kilometres from the nearest place at which training referred to in regulation 47(1a) is conducted is exempt from the requirement in section 79A(3)(c) of the Act.
(3) The Registrar may, on application by an applicant for a licence authorising the driving of a motor bike and payment of the fee (if any) determined by the Registrar, grant the applicant an exemption from the requirement in section 79A(3)(c) of the Act, subject to such conditions as the Registrar thinks fit.
47 Section 79A of Act – prescribed requirements and prescribed training
(1) For the purposes of section 79A(3)(a)(i)(B) of the Act, 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 75 hours, at least 15 hours of which must have occurred at night.
(1a) For the purposes of section 79A(3)(c) of the Act, the pre‑licence motor bike training course is prescribed.
(2) For the purposes of section 79A(6) of the Act, licence classes R‑DATE and R are prescribed.
(3) In this regulation—
night means the period between sunset on one day and sunrise on the next day.
An applicant for the issue of a licence is exempt from section 79B of the Act if the applicant would, if granted a licence, be required, in accordance with section 81E of the Act, to be issued with a licence that is subject to the mandatory alcohol interlock scheme conditions.
48 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.
49 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.
Pt 4 | ||
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| r 42 redesignated as r 42(1) by 32/2020 r 5 | 6.4.2020 |
| inserted by 32/2020 r 5 | 6.4.2020 |
varied by 147/2021 r 5 | 22.11.2021 | |
| inserted by 32/2020 r 5 | 6.4.2020 |
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| substituted by 14/2014 r 4 | 16.1.2014 |
| inserted 216/2012 r 4 | 11.10.2012 |
| inserted by 198/2013 r 4 | 1.8.2013 |
| ||
| inserted by 109/2022 r 4(1) | 1.12.2022 |
amended by 40/2024 r 3(1), (2) | 30.5.2024 | |
| inserted by 40/2024 r 3(3) | 30.5.2024 |
| inserted by 286/2016 r 6 | 15.12.2016 |
| inserted by 73/2024 r 4 | 9.12.2024 |
| inserted by 40/2024 r 3(4) | 30.5.2024 |
| substituted by 109/2022 r 4(2) | 1.12.2022 |
| inserted by 40/2024 r 3(5) | 30.5.2024 |
| inserted by 147/2021 r 6 | 22.11.2021 |
| inserted by 147/2021 r 6 | 22.11.2021 |
substituted by 73/2024 r 5 | 9.12.2024 | |
| inserted by 147/2021 r 6 | 22.11.2021 |
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| varied by 267/2012 r 4 | 20.12.2012 |
varied by 15/2014 r 5 | 28.7.2014 | |
varied by 147/2021 r 7(1) | 7.10.2021 | |
| varied by 147/2021 r 7(2) | 7.10.2021 |
| inserted by 15/2014 r 6 | 28.7.2014 |
varied by 147/2021 r 8(1), (2) | 22.11.2021 | |
| r 46A redesignated as r 46A(1) by 147/2021 r 8(3) | 22.11.2021 |
substituted by 73/2024 r 6 | 9.12.2024 | |
| inserted by 147/2021 r 8(3) | 22.11.2021 |
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| varied by 159/2010 r 7 | 4.9.2010 |
varied by 147/2021 r 9(1) | 22.11.2021 | |
| inserted by 147/2021 r 9(2) | 22.11.2021 |
substituted by 73/2024 r 7 | 9.12.2024 | |
| varied by 147/2021 r 9(3) | 22.11.2021 |
| inserted by 254/2010 r 4 | 9.12.2010 |
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| varied by 159/2010 r 8 | 4.9.2010 |
| amended by 73/2024 r 8 | 9.12.2024 |
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| varied by 159/2010 r 9 | 4.9.2010 |
| substituted by 159/2010 r 10 | 4.9.2010 |
substituted by 15/2014 r 7 | 28.7.2014 | |
| deleted by 159/2010 r 10 | 4.9.2010 |
inserted by 15/2014 r 7 | 28.7.2014 | |
| varied by 159/2010 r 11 | 4.9.2010 |
substituted by 15/2014 r 7 | 28.7.2014 | |
substituted by 147/2021 r 10 | 22.11.2021 | |
| ||
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| deleted by 15/2014 r 7 | 28.7.2014 |
inserted by 147/2021 r 11 | 22.11.2021 | |
| inserted by 159/2010 r 13 | 4.9.2010 |
| inserted by 254/2010 r 5 | 9.12.2010 |
| inserted by 159/2010 r 13 | 4.9.2010 |
| inserted by 254/2010 r 6 | 9.12.2010 |
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| varied by 159/2010 r 14(1) | 4.9.2010 |
| substituted by 159/2010 r 14(2) | 4.9.2010 |
varied by 174/2015 r 5 | 25.6.2015 | |
| inserted by 159/2010 r 15 | 4.9.2010 |
substituted by 186/2011 r 4 | 14.7.2011 | |
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| varied by 159/2010 r 16(1), (2) | 4.9.2010 |
| varied by 159/2010 r 17 | 4.9.2010 |
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Pt 5 | ||
| substituted by 198/2013 r 5 | 1.8.2013 |
| amended by 73/2024 Sch 2 | 9.12.2024 |
Pt 6 | ||
| varied by 306/2013 r 6 | 10.2.2014 |
| substituted by 186/2011 r 5 | 14.7.2011 |
Pt 7 | ||
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| substituted by 28/2023 r 3 | 1.6.2023 |
| substituted by 182/2012 r 5 | 1.9.2012 |
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| amended by 28/2023 r 4 | 1.6.2023 |
| varied by 92/2010 r 5 | 1.7.2010 |
varied by 24/2012 r 6 | 12.4.2012 | |
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| varied by 92/2010 r 6 | 1.7.2010 |
varied by 24/2012 r 7 | 12.4.2012 | |
| inserted by 28/2023 r 5 | 1.6.2023 |
Pt 8 | ||
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| substituted by 52/2019 r 4 | 23.5.2019 |
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| substituted by 57/2019 r 4 | 30.5.2019 |
| amended by 21/2022 r 3(1) | 1.7.2022 |
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| inserted by 151/2010 r 4 | 1.7.2010 |
| varied by 159/2010 r 19 | 4.9.2010 |
| varied by 55/2015 r 5 | 28.5.2015 |
amended by 73/2024 Sch 2 | 9.12.2024 | |
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| varied by 263/2013 r 4(1) | 21.11.2013 |
varied by 216/2017 r 5(1) | 8.8.2017 | |
| inserted by 263/2013 r 4(2) | 21.11.2013 |
| inserted by 216/2017 r 5(2) | 8.8.2017 |
| varied by 55/2015 r 6 | 28.5.2015 |
amended by 73/2024 Sch 2 | 9.12.2024 | |
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| varied by 241/2019 r 4 | 21.11.2019 |
amended by 73/2024 r 9 | 9.12.2024 | |
| inserted by 153/2012 r 4 | 31.5.2012 |
| inserted by 84/2022 r 3 | 29.9.2022 |
| inserted by 14/2014 r 5 | 16.1.2014 |
varied by 147/2021 r 12 | 7.10.2021 | |
| inserted by 14/2014 r 5 | 16.1.2014 |
| inserted by 84/2022 r 4 | 29.9.2022 |
Pt 9 | ||
| inserted by 31/2011 r 10 | 1.7.2011 |
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| amended by 73/2024 Sch 2 | 9.12.2024 |
| inserted by 230/2010 r 4 | 25.11.2010 |
| amended by 73/2024 Sch 2 | 9.12.2024 |
| inserted by 31/2011 r 11 | 1.7.2011 |
| inserted by 265/2020 r 4 | 10.9.2020 |
| varied by 14/2014 r 6 | 16.1.2014 |
varied by 338/2017 r 6 | 19.12.2017 | |
| inserted by 24/2019 r 4 | 1.5.2019 |
| inserted by 163/2015 r 6 | 1.7.2015 |
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| varied by 10/2011 r 5(1), (2) | 27.1.2011 |
varied by 50/2014 r 6 | 1.3.2014 | |
varied by 91/2017 r 7 | 1.11.2017 | |
varied by 216/2017 r 6 | 8.8.2017 | |
amended by 109/2022 r 5 | 1.12.2022 | |
| varied by 277/2011 r 4(2) | 30.1.2012 |
| inserted by 174/2015 r 6(1) | 25.6.2015 |
| inserted by 10/2011 r 5(3) | 27.1.2011 |
| inserted by 174/2015 r 6(2) | 25.6.2015 |
| varied by 24/2019 r 5 | 1.5.2019 |
| varied by 306/2013 r 7(1) | 10.2.2014 |
(f) deleted by 306/2013 r 7(2) | 10.2.2014 | |
| inserted by 31/2011 r 12 | 1.7.2011 |
varied by 210/2014 r 5 | 1.9.2014 | |
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| r 99B inserted by 15/2014 r 10 | 28.7.2014 |
r 99B varied and redesignated as r 99B(1) by 3/2016 r 4(1), (2) | 14.1.2016 | |
varied by 180/2019 r 5 | 1.7.2019 | |
amended by 107/2024 r 4 | 28.11.2024 | |
| inserted by 3/2016 r 4(2) | 14.1.2016 |
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| varied by 92/2010 r 7 | 1.7.2010 |
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Sch 1 | substituted by 53/2020 r 4 | 7.5.2020 |
substituted by 47/2021 r 4 | 6.5.2021 | |
varied by 147/2021 r 13(2) | 7.10.2021 | |
varied by 147/2021 r 13(1), (3), (4) | 22.11.2021 | |
substituted by 21/2022 r 4 | 12.5.2022 | |
substituted by 40/2023 r 3 | 18.5.2023 | |
substituted by 38/2024 r 3 | 23.5.2024 | |
amended by 40/2024 r 4 | 30.5.2024 | |
amended by 73/2024 r 10 | 9.12.2024 | |
Sch 2 | ||
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| inserted by 32/2020 r 6 | 6.4.2020 |
| amended by 109/2022 r 6(1) | 1.12.2022 |
| varied by 10/2014 r 5 | 16.1.2014 |
| inserted by 108/2024 r 3 | 20.2.2025—not incorporated |
| inserted by 63/2022 r 3 | 1.9.2022 |
| varied by 306/2013 r 8(1)—(3) | 10.2.2014 |
varied by 247/2018 r 5(1)—(4) | 13.12.2018 | |
varied by 147/2021 r 14(1), (2) | 22.11.2021 | |
amended by 109/2022 r 6(2)—(4) | 1.12.2022 | |
amended by 40/2024 r 5 | 30.5.2024 | |
Sch 3 | ||
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| varied by 147/2021 r 15 | 22.11.2021 |
Sch 4 | ||
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| varied by 18/2012 r 4 | 22.3.2012 |
varied by 155/2012 r 4(1)—(3) | 1.9.2012 | |
varied by 306/2013 r 9(1), (2) | 10.2.2014 | |
| varied by 5/2011 r 4(1)—(5) | 27.5.2011 |
varied by 155/2012 r 4(4) | 1.9.2012 | |
varied by 54/2014 r 4(1), (2) | 2.3.2014 | |
varied by 233/2019 r 4(1) | 1.12.2019 | |
amended by 116/2023 r 3(1), (2) | 30.3.2024 | |
| substituted by 306/2013 r 9(3) | 10.2.2014 |
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| varied by 185/2011 r 5(1) | 1.8.2011 |
varied by 155/2012 r 4(5)—(7) | 1.9.2012 | |
varied by 306/2013 r 9(4)—(7) | 10.2.2014 | |
varied by 210/2014 r 6(1)—(4) | 1.9.2014 | |
varied by 49/2018 r 4(1)—(5) | 24.4.2018 | |
varied by 24/2019 r 6(1), (2) | 1.5.2019 | |
varied by 233/2019 r 4(2) | 1.12.2019 | |
amended by 40/2024 r 6 | 30.5.2024 | |
| varied by 159/2010 r 21(1) | 1.7.2010 |
varied by 5/2011 r 4(6), (7) | 27.5.2011 | |
varied by 155/2012 r 4(8) | 1.9.2012 | |
varied by 54/2014 r 4(3)—(5) | 2.3.2014 | |
varied by 210/2014 r 6(5)—(7) | 1.9.2014 | |
varied by 233/2019 r 4(3)—(6) | 1.12.2019 | |
amended by 116/2023 r 3(3) | 30.3.2024 | |
| varied by 5/2011 r 4(8) | 27.5.2011 |
varied by 185/2011 r 5(2) | 1.8.2011 | |
varied by 155/2012 r 4(9) | 1.9.2012 | |
substituted by 210/2014 r 6(8) | 1.9.2014 | |
varied by 212/2015 r 4 | 25.10.2015 | |
varied by 20/2017 r 4 | 15.4.2017 | |
varied by 233/2019 r 4(7) | 1.12.2019 | |
amended by 104/2023 r 3 | 1.12.2023 | |
| inserted by 159/2010 r 21(2) | 4.9.2010 |
varied by 15/2014 r 12 | 28.7.2014 | |
varied by 147/2021 r 16(1)—(3) | 22.11.2021 | |
amended by 32/2022 r 3 | 1.7.2022 | |
| inserted by 306/2013 r 9(8) | 10.2.2014 |
substituted by 32/2020 r 7 | 2.4.2020 | |
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Sch 5 | substituted by 32/2022 r 4 | 1.7.2022 |
substituted by 36/2023 r 3 | 1.7.2023 | |
substituted by 34/2024 r 3 | 1.7.2024 | |
Sch 6 | ||
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| inserted by 186/2011 r 6 | 14.7.2011 |
(1) The fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2010.(2) All other fees prescribed in Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply from 1 July 2010.(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 1 of the
Motor Vehicles Regulations 2010 , 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 2010; and(b) all other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as in force immediately before the commencement of these regulations, continue to apply until 1 July 2010.
(1) The fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2011.(2) All other fees prescribed in Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply from 1 July 2011.(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 1 of the
Motor Vehicles Regulations 2010 , 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 2011; and(b) all other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as in force immediately before the commencement of these regulations, continue to apply until 1 July 2011.
Despite regulation 35B(1)(b) of the
Motor Vehicles Regulations 2010 as inserted by these regulations, during the period of 12 months immediately following the commencement of these regulations, the prescribed documents for the purposes of sections 56, 57(2) and 58(1) of the Act for a motor vehicle other than a heavy vehicle are:
(a) a current certificate of registration or current duplicate certificate of registration issued to the transferor; or
(b) a current registration details certificate issued to the transferor.
(1) The fees prescribed in respect of the issue or renewal of a driver's licence or registration of a motor vehicle by Schedule 1 of the
Motor Vehicles Regulations 2010 , as varied by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2012.(2) All other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as varied by these regulations, apply from 1 July 2012.(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 1 of the
Motor Vehicles Regulations 2010 , 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 2012; and(b) all other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as in force immediately before the commencement of these regulations, continue to apply until 1 July 2012.
(1) A notice given to the Registrar under regulation 74 of the principal regulations on or after the commencement of these regulations will be taken to comply with the principal regulations, as varied by these regulations, if—
(a) the motor vehicle to which the notice relates was assessed as a statutory or repairable write‑off before the commencement of these regulations in accordance with the principal regulations as in force immediately before that commencement; and
(b) the notice was given to the Registrar within 7 days after the assessment was made.
(2) In this section—
principal regulations means theMotor Vehicles Regulations 2010 .
(1) The fees prescribed in respect of the issue or renewal of—
(a) the registration of a motor vehicle; or
(b) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , as varied by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2013.
(2) All other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as varied by these regulations, apply from 1 July 2013.(3) Despite regulation 4—
(a) the fees prescribed in respect of the issue of renewal of—
(i) the registration of a motor vehicle; or
(ii) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , 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 2013; and
(b) all other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as in force immediately before the commencement of these regulations, continue to apply until 1 July 2013.
(1) The fees prescribed in respect of the issue or renewal of—
(a) the registration of a motor vehicle; or
(b) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2014.
(2) All other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply from 1 July 2014.(3) Despite regulation 4—
(a) the fees prescribed in respect of the issue of renewal of—
(i) the registration of a motor vehicle; or
(ii) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , 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 2014; and
(b) all other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as in force immediately before the commencement of these regulations, continue to apply until 1 July 2014.
(1) The fees prescribed in respect of the issue or renewal of—
(a) the registration of a motor vehicle; or
(b) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2015.
(2) All other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply from 1 July 2015.(3) Despite regulation 7—
(a) the fees prescribed in respect of the issue of renewal of—
(i) the registration of a motor vehicle; or
(ii) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , 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 2015; and
(b) all other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as in force immediately before the commencement of these regulations, continue to apply until 1 July 2015.
(1) The fees prescribed in respect of the issue or renewal of—
(a) the registration of a motor vehicle; or
(b) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2016.
(2) All other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply from 1 July 2016.(3) Despite regulation 5—
(a) the fees prescribed in respect of the issue of renewal of—
(i) the registration of a motor vehicle; or
(ii) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , 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 2016; and
(b) all other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as in force immediately before the commencement of these regulations, continue to apply until 1 July 2016.
(1) The fees prescribed in respect of the issue or renewal of—
(a) the registration of a motor vehicle; or
(b) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , as varied by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2017.
(2) All other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as varied by these regulations, apply from 1 July 2017.(3) Despite regulation 4—
(a) the fees prescribed in respect of the issue of renewal of—
(i) the registration of a motor vehicle; or
(ii) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , 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 2017; and
(b) all other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as in force immediately before the commencement of these regulations, continue to apply until 1 July 2017.
(1) The fees prescribed in respect of the issue or renewal of—
(a) the registration of a motor vehicle; or
(b) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , as varied by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2018.
(2) All other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as varied by these regulations, apply from 1 July 2018.(3) Despite regulation 4—
(a) the fees prescribed in respect of the issue of renewal of—
(i) the registration of a motor vehicle; or
(ii) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , 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 2018; and
(b) all other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as in force immediately before the commencement of these regulations, continue to apply until 1 July 2018.
(1) The fees prescribed in respect of the issue or renewal of—
(a) the registration of a motor vehicle; or
(b) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2019.
(2) All other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply from 1 July 2019.(3) Despite regulation 5—
(a) the fees prescribed in respect of the issue of renewal of—
(i) the registration of a motor vehicle; or
(ii) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , 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 2019; and
(b) all other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as in force immediately before the commencement of these regulations, continue to apply until 1 July 2019.
Despite regulation 4, regulation 77(1) of the
Motor Vehicles Regulations 2010 , as in force immediately before the commencement of these regulations, continues to apply in relation to the issue or renewal of the registration of a motor vehicle that is to take effect before 1 July 2019.
(1) The fees prescribed in respect of the issue or renewal of—
(a) the registration of a motor vehicle; or
(b) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2020.
(2) All other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply from 1 July 2020.(3) Despite regulation 4—
(a) the fees prescribed in respect of the issue of renewal of—
(i) the registration of a motor vehicle; or
(ii) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , 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 2020; and
(b) all other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as in force immediately before the commencement of these regulations, continue to apply until 1 July 2020.
(1) The fees prescribed in respect of the issue or renewal of—
(a) the registration of a motor vehicle; or
(b) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2021.
(2) All other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply from 1 July 2021.(3) Despite regulation 4 of these regulations—
(a) the fees prescribed in respect of the issue of renewal of—
(i) the registration of a motor vehicle; or
(ii) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , 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 2021; and
(b) all other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as in force immediately before the commencement of these regulations, continue to apply until 1 July 2021.
Regulation 42 and Schedule 2 of the
Motor Vehicles Regulations 2010 as in force immediately before the commencement of section 8 of theMotor Vehicles (Motor Bike Driver Licensing) Amendment Act 2021 continue to apply to and in relation to a person holding a driver's licence that is assigned the R‑DATE classification in force immediately before that commencement.
(1) The fees prescribed in respect of the issue or renewal of—
(a) the registration of a motor vehicle; or
(b) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2022.
(2) All other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply from 1 July 2022.(3) Despite regulation 4 of these regulations—
(a) the fees prescribed in respect of the issue of renewal of—
(i) the registration of a motor vehicle; or
(ii) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , as in force immediately before the commencement of regulation 4 of these regulations, continue to apply where the issue or renewal is to take effect before 1 July 2022; and
(b) all other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as in force immediately before the commencement of regulation 4 of these regulations, continue to apply until 1 July 2022.
1—Temporary exemption in relation to ultra high powered vehicles
(1) If, on the commencement day, the holder of a licence is authorised to drive an ultra high powered vehicle on a road under section 74(3)(b)(ii) of the Act, section 74(4) of the Act does not apply when the holder of the licence drives an ultra high powered vehicle during the relevant period.
(2) In this clause—
commencement day means the day on which these regulations come into operation;
relevant period means the period beginning on the commencement day and ending on the day that is 2 years after the commencement day;
ultra high powered vehicle means an ultra high powered vehicle within the meaning of theMotor Vehicles Regulations 2010 as amended by these regulations.
(1) The fees prescribed in respect of the issue or renewal of—
(a) the registration of a motor vehicle; or
(b) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2023.
(2) All other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply from 1 July 2023.(3) Despite regulation 3 of these regulations—
(a) the fees prescribed in respect of the issue or renewal of—
(i) the registration of a motor vehicle; or
(ii) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , 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 2023; and
(b) all other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as in force immediately before the commencement of these regulations, continue to apply until 1 July 2023.
(1) The fees prescribed in respect of the issue or renewal of—
(a) the registration of a motor vehicle; or
(b) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply where the issue or renewal is to take effect on or after 1 July 2024.
(2) All other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as substituted by these regulations, apply from 1 July 2024.(3) Despite regulation 3 of these regulations—
(a) the fees prescribed in respect of the issue or renewal of—
(i) the registration of a motor vehicle; or
(ii) a learner's permit, driver's licence or motor driving instructor's licence,
by Schedule 1 of the
Motor Vehicles Regulations 2010 , 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 2024; and
(b) all other fees prescribed by Schedule 1 of the
Motor Vehicles Regulations 2010 , as in force immediately before the commencement of these regulations, continue to apply until 1 July 2024.
1—Temporary exemption in relation to ultra high powered vehicles
(1) If, on the commencement day, the holder of a licence is authorised to drive an ultra high powered vehicle on a road under section 74(3)(b)(ii) of the Act, section 74(4) of the Act does not apply when the holder of the licence drives an ultra high powered vehicle during the relevant period.
(2) In this clause—
commencement day means the day on which regulation 5 of these regulations comes into operation;
relevant period means the period beginning on the commencement day and ending on 1 December 2024;
ultra high powered vehicle means an ultra high powered vehicle within the meaning of theMotor Vehicles Regulations 2010 .
1—Continued recognition of completed basic motor bike training course
(1) This clause applies to a person who successfully completed the basic motor bike training course before the commencement of this clause but who has not been issued with a learner's permit authorising the driving of a motor bike.
(2) However, this clause ceases to apply to a person if, on the expiration of 12 months from the day on which the person completed the basic motor bike training course, the person has not applied for a learner's permit authorising the driving of a motor bike (and, to avoid doubt, in such circumstances the
Motor Vehicles Regulations 2010 as amended by these regulations will apply in relation to any subsequent application by the person for a learner's permit or licence authorising the driving of a motor bike).(3) Regulation 45C (as enacted by these regulations) does not apply to a person to whom this clause applies (and regulation 45C as in force immediately before the commencement of this clause will continue to apply in relation to that person).
(4) To avoid doubt, a person to whom this clause applies, and any learner's permit authorising the driving of a motor bike issued to the person in accordance with this clause, will be taken to have satisfied the requirements of the
Motor Vehicles Regulations 2010 as amended by these regulations.(5) In this clause—
basic motor bike training course means the motor bike driver training prescribed by regulation 45C(1) of theMotor Vehicles Regulations 2010 as in force immediately before the commencement of this clause.
10.6.2010 |
1.7.2010 |
1.9.2010 (electronic only) |
4.9.2010 |
25.11.2010 |
9.12.2010 |
27.1.2011 |
27.5.2011 |
9.6.2011 |
1.7.2011 |
14.7.2011 |
1.8.2011 |
1.12.2011 |
30.1.2012 |
22.3.2012 |
12.4.2012 |
31.5.2012 |
1.7.2012 |
1.9.2012 |
11.10.2012 |
20.12.2012 |
6.6.2013 |
1.7.2013 |
1.8.2013 |
21.11.2013 |
16.1.2014 |
10.2.2014 |
1.3.2014 (electronic only) |
2.3.2014 |
5.6.2014 |
1.7.2014 |
28.7.2014 |
1.9.2014 |
20.11.2014 |
28.5.2015 |
25.6.2015 (electronic only) |
1.7.2015 |
27.8.2015 |
25.10.2015 |
14.1.2016 |
26.5.2016 |
1.7.2016 |
15.12.2016 |
15.3.2017 |
15.4.2017 |
9.5.2017 (electronic only) |
16.5.2017 |
1.7.2017 |
8.8.2017 |
1.9.2017 |
1.11.2017 |
19.12.2017 |
20.3.2018 |
24.4.2018 |
24.5.2018 |
1.7.2018 |
13.12.2018 |
1.5.2019 |
23.5.2019 (electronic only) |
30.5.2019 |
1.7.2019 |
21.11.2019 |
1.12.2019 |
2.4.2020 |
6.4.2020 |
7.5.2020 |
1.7.2020 |
10.9.2020 |
6.5.2021 |
1.7.2021 |
7.10.2021 |
22.11.2021 |
12.5.2022 |
1.7.2022 |
1.9.2022 |
29.9.2022 |
1.12.2022 |
18.5.2023 |
1.6.2023 |
1.7.2023 |
16.11.2023 |
1.12.2023 |
10.3.2024 |
30.3.2024 |
23.5.2024 |
30.5.2024 |
1.7.2024 |
28.11.2024 |
9.12.2024 |
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