Motor Vehicles Variation Regulations 2005 (SA)
South Australia
Motor Vehicles Variation Regulations 2005
under the Motor Vehicles Act 1959
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of Motor Vehicles Regulations 1996
Revocation of regulation 24A
Variation of regulation 25A—Examination of applicant for licence or learner's permit
Insertion of regulation 25B
25BPrescribed matters for the purposes of section 79A of the Act
Revocation of regulation 27
Insertion of regulations 31A and 31B
31AExemption from requirement to undertake a hazard perception test
31BPrescribed classes of applicants
Insertion of regulation 32A
32AExemption from section 81B(11)(a) of Act
Insertion of regulation 47E
47EPrescribed licences (section 5)
Variation of Schedule 5—Fees
Variation of Schedule 6—Expiation fees
Schedule 1—Transitional provision
Part 1—Preliminary
1—Short title
These regulations may be cited as the Motor Vehicles Variation Regulations 2005.
2—Commencement
These regulations come into operation on the day on which section 1 of the Motor Vehicles (Licences and Learner's Permits) Amendment Act 2005 comes into operation.
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—Revocation of regulation 24A
Regulation 24A—delete the regulation
5—Variation of regulation 25A—Examination of applicant for licence or learner's permit
Regulation 25A(1)—after "79(1)" insert:
and (1a)
6—Insertion of regulation 25B
After regulation 25A insert:
25B—Prescribed matters for the purposes of section 79A of the Act
(1)For the purposes of section 79A(1)(a)(ii)(B), the prescribed requirements are that the applicant has driven a motor vehicle of a class for which the licence is sought for periods totalling not less than 50 hours, at least 10 hours of which must have occurred at night.
(2)For the purposes of section 79A(2)(b), licence classes R-Date and R are prescribed.
Note—
see Schedule 2—Classification of driver's licences.
(3)In this regulation—
night means the period between sunset on one day and sunrise on the next day.
7—Revocation of regulation 27
Regulation 27—delete the regulation
8—Insertion of regulations 31A and 31B
After regulation 31 insert:
31A—Exemption from requirement to undertake a hazard perception test
An applicant for a P2 licence who resides—
(i)more than 100 kilometres from the nearest place at which hazard perception tests are conducted; or
(ii)on Kangaroo Island,
is exempt from the requirement in section 81A(3)(a)(iii) of the Act.
31B—Prescribed classes of applicants
(1)For the purposes of section 81A(3e) of the Act, the following classes of applicants are prescribed:
(a)applicants who have held a non-provisional licence or interstate non-provisional licence but not during the period of 5 years immediately preceding the application;
(b)applicants who hold an interstate non-provisional licence but who are under the age of 19 years;
(c)applicants who hold an interstate provisional licence;
(d)subject to subregulation (2), applicants who have, during the period of 5 years immediately preceding the application, held a provisional licence issued under Part 3 of the Act as in force prior to the commencement of section 12 of the Motor Vehicles (Licences and Learner's Permits) Amendment Act 2005 (provided that the application must be made within 5 years of the commencement of this regulation).
(2)Subregulation (1)(d) does not include an applicant who—
(a)has, during the period of 5 years immediately preceding the application, held a provisional licence of a kind referred to in that paragraph; and
(b)was, during that period, disqualified from holding or obtaining a permit or licence; and
(c)has not held a licence issued under the Act since the end of the period of disqualification.
9—Insertion of regulation 32A
After regulation 32 insert:
32A—Exemption from section 81B(11)(a) of Act
(1)If the Magistrates Court allows an appeal by a person against a disqualification under section 81B of the Act and the person holds a licence immediately before the determination of the appeal, the person is exempt from the operation of section 81B(11)(a) of the Act—
(a)until the expiration of 2 business days after the day on which the appeal is determined; or
(b)until the person applies for a licence in accordance with section 81B(11)(b) of the Act,
whichever occurs first.
(2)In this regulation—
business day means any day except—
(a)a Saturday, Sunday or public holiday; or
(b)a day which falls between 25 December and 1 January in the following year.
10—Insertion of regulation 47E
Before regulation 48 insert:
47E—Prescribed licences (section 5)
(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 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 as in force from time to time;
(b)a driver licence (other than a learner licence or a provisional licence) issued under the Road Transport (Driver Licensing) Act 1998 of New South Wales as in force from time to time;
(c)a licence to drive a motor vehicle (other than a permit licence or a provisional licence) issued under the Motor Vehicles Act of the Northern Territory as in force from time to time;
(d)a driver licence (other than a learner licence or a provisional licence) issued under the Transport Operations (Road Use Management) Act 1995 of Queensland as in force from time to time;
(e)a driver licence (other than a learner licence or a provisional licence) issued under the Vehicle and Traffic Act 1999 of Tasmania as in force from time to time;
(f)a driver licence (other than a learner permit or probationary licence) issued under the Road Safety Act 1986 of Victoria as in force from time to time;
(g)a driver's licence (other than a learners' permit or probationary licence) issued under the Road Traffic Act 1974 of Western Australia as in force from time to time.
(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 Road Transport (Driver Licensing) Act 1999 of the Australian Capital Territory as in force from time to time;
(b)a provisional licence issued under the Road Transport (Driver Licensing) Act 1998 of New South Wales as in force from time to time;
(c)a provisional licence issued under the Motor Vehicles Act of the Northern Territory as in force from time to time;
(d)a provisional licence issued under the Transport Operations (Road Use Management) Act 1995 of Queensland as in force from time to time;
(e)a provisional licence issued under the Vehicle and Traffic Act 1999 of Tasmania as in force from time to time;
(f)a probationary licence issued under the Road Safety Act 1986 of Victoria as in force from time to time;
(g)a probationary licence issued under the Road Traffic Act 1974 of Western Australia as in force from time to time.
(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.
Note—
see section 5(1) of the Act for definition of prescribed conditions.
(4)A reference in this regulation to a licence or permit 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.
11—Variation of Schedule 5—Fees
Schedule 5—After item 25 insert:
25A—Hazard perception tests
For a hazard perception test—
(a) test fee
$10
(b) administration fee (payable in addition to the test fee)
level 2 fee
12—Variation of Schedule 6—Expiation fees
Schedule 6 Part 1, after item relating to section 71B(2) insert:
72A
Acting as qualified supervising driver while having prescribed concentration of alcohol in blood
$144
Schedule 6 Part 1, item relating to section 75A(7)—delete the item
Schedule 6 Part 1, items relating to section 81A(5)—delete the items relating to section 81A(5) and substitute:
81A(5)
Contravening condition of P1 licence referred to in section 81A(1)(ca) of the Act
$144
81A(5)
Contravening condition of P1 licence referred to in section 81A(1)(d) of the Act
$58
81A(5)
Contravening condition of P1 licence referred to in section 81A(1)(e) of the Act
$128
81A(5)
Contravening condition of P2 licence referred to in section 81A(3a)(a) of the Act
$144
81A(5)
Contravening condition of P2 licence referred to in section 81A(3a)(b) of the Act
$58
Schedule 6 Part 1, item relating to section 81A(5a)—delete "provisional" and substitute:
P1
Schedule 6 Part 2, items relating to regulations 27(2) and 27(4)—delete the items
Schedule 1—Transitional provision
The items relating to section 81A in Schedule 6 Part 1 of the Motor Vehicles Regulations 1996 as in force immediately before the commencement of these regulations continue to apply in relation to a provisional licence referred to in clause 5 of Schedule 1 of the Motor Vehicles (Licences and Learner's Permits) Amendment Act 2005.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 13 October 2005
No 215 of 2005
MTRAN20/04CS
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