Motor Vehicles Variation Regulations 2009 (SA)

South Australia

Motor Vehicles Variation Regulations 2009

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

Part 1—Preliminary

1—Short title

These regulations may be cited as the Motor Vehicles Variation Regulations 2009.

2—Commencement

These regulations come into operation on the day on which they are made.

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

Regulation 25—after subregulation (6) insert:

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

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

(b)the person holds—

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

(ii)an international driving permit.

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

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

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

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

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

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

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

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

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

the Registrar may give the person notice in writing—

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

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

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

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

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

(a)carry his or her—

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

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

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

Maximum penalty: $1 250.

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

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

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

(13)In this regulation—

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

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

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 24 September 2009

No 238 of 2009

MRS09/002CS