Motor Vehicles Variation Regulations 2005 (SA)

South Australia

Motor Vehicles Variation Regulations 2005

under the Motor Vehicles Act 1959

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Motor Vehicles Regulations 1996

1. Variation of Regulation 4—Interpretation

2. Variation of Schedule 2—Classification of driver's licences

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

Schedule 1—Transitional provisions

1. Transitional provisions

Part 1—Preliminary

1—Short title

These regulations may be cited as the Motor Vehicles Variation Regulations 2005.

2—Commencement

These regulations will come into operation on 14 November 2005.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Motor Vehicles Regulations 1996

4—Variation of Regulation 4—Interpretation

Regulation 4—after subregulation (2) insert:

(3)For the purposes of these regulations—

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

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

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

5—Variation of Schedule 2—Classification of driver's licences

1. Schedule 2, clause 1, table, entry relating to the licence classification R-DATE—delete the entry and substitute:

R-DATE	7	A motor bike or motor trike that—     (a)    has an engine capacity not exceeding 660 millilitres and a power to weight ratio not exceeding 150 kilowatts per tonne; and	Nil.
	(b)    is of a kind approved from time to time by the Registrar by notice in the Gazette.

1. Schedule 2, clause 1, table, note relating to the licence classification R-DATE—delete the note

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

Schedule 3, clause 1, table, entry relating to the licence condition endorsed with the letter "E"—delete the entry and substitute:

The holder of the licence is permitted to drive only a motor bike or motor trike that—

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

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

E

The holder of the permit is permitted to drive only a motor bike or motor trike that—

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

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

R-DATE

Schedule 1—Transitional provisions

1—Transitional provisions

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

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

   (b)a motor bike or motor trike that—

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

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

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

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

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

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 3 November 2005

No 233 of 2005

MTR05/025CS