Motor Vehicles Act 1959 (SA)

South Australia Motor Vehicles Act 1959 An Act to make provision for the registration of motor vehicles, drivers licences and third party motor insurance; and for other purposes.

Contents Part 1—Preliminary 1 Short title 2 Crown is bound 5 Interpretation 6 Power of Minister to include or exclude areas from application of Act 6A Delegation by Minister Part 2—Registration of motor vehicles Division 1—Registration 7 Registrar and officers 8 The register 9 Duty to register Division 2—Exemptions and permits 10 Exemption of vehicles with trade plates 10A Exemption of vehicles being loaded or unloaded from transporter 12 Exemption for certain trailers, agricultural implements and agricultural machines 12A Exemption of self-propelled wheelchairs from requirements of registration and insurance 12B Exemption of certain vehicles from requirements of registration and insurance 16 Permits to drive vehicles without registration 19A Vehicles registered etc interstate or overseas Division 3—Registration procedure 20 Application for registration 21 Power of Registrar to decline application 22 Registrar may require applicant to supply information 23 Refusal to register unfit vehicles 23A Information required before registration of new vehicles 24 Duty to grant registration Division 3A—Periodic payments 24A Registrar may accept periodic renewal payments Division 4—Conditional registration 25 Conditional registration Division 5—Duration of registration 26 Duration of registration Division 6—Registration fees 27 Regulation of registration fees 28 Payments into National Heavy Vehicle Regulator Fund 31 Registration without fee 34 Registration fees for primary producers' commercial vehicles 37 Registration fees for vehicles in outer areas 37A Application of sections 38 to 38B 38 Registration fees for incapacitated ex-service personnel 38A Reduced fees for pensioner entitlement card holders 38AB Registration fees for trailers owned by pensioner entitlement card holders 38B Registration fees for certain incapacitated persons or carers 40 Balance of registration fee 40A Refund of part of registration fee on eligibility for reduced fee 41 Misuse of vehicles registered at reduced fees or without fees 42 Registration not transferable in certain cases where vehicle registered at reduced fee or for no fee 43 Short payment etc 43A Temporary configuration certificate for heavy vehicle Division 7—Duty to notify alterations or additions to vehicles 44 Duty to notify alterations or additions to vehicles 45 Refund where vehicle altered Division 8—Numbers and number plates 46 Allotment of number on registration 47 Duty to carry number plates 47A Classes of number plates and agreements for allotment of numbers 47B Issue of number plates 47C Return, recovery etc of number plates 47D Offences in connection with number plates Division 10—Suspension, cancellation and transfer of registration 54 Cancellation of registration and refund on application 55A Suspension and cancellation of registration by Registrar 55B Notice to be given to Registrar 55C Action following disqualification or suspension outside State 56 Duty of transferor on transfer of vehicle 57 Duty of transferee on transfer of vehicle 57A Power of Registrar to record change of ownership of motor vehicle 58 Transfer of registration 59 Non-transferable registrations 60 Cancellation of registration where failure to transfer after change of ownership 60A Lodgement of applications, notices etc 61 Hire-purchase transactions 61A Removal of number plates by Chief Recovery Officer Division 11—Trade plates 62 Issue of trade plates 64 Specifications of plates 65 Duration 66 Use of vehicle to which trade plates are affixed 70 Return of trade plates and refunds 71 Transfer of trade plates Division 12—Property in and replacement of plates and documents 71A Property in plates and documents 71B Replacement of plates and documents Division 13—Miscellaneous 71C Powers of Registrar in relation to offensive material displayed on motor vehicles Part 3—Drivers' licences 72 Classification of licences 72A Qualified supervising drivers 73 Register of licences 74 Duty to hold licence or learner's permit 75 Issue and renewal of licences 75AAA Term of licence and surrender 75AA Only 1 licence to be held at any time 75A Learner's permit 75B Special provisions applying to certain motor bike learner's permits 77A Licences and learner's permits to include photographs 77B Powers of Registrar in relation to applicant for licence or permit 77BA Use of photographs by Registrar 77C Temporary licences and learner's permits 79 Examination of applicant for licence or learner's permit 79A Driving experience required for issue of licence 79B Alcohol and drug dependency assessments and issue of licences 80 Ability or fitness to be granted or hold licence or permit 81 Restricted licences and learner's permits 81A Provisional licences 81AB Probationary licences 81AC Special provisions applying to certain motor bike licences 81B Consequences of holder of learner's permit, provisional licence or probationary licence contravening conditions 81BA Safer Driver Agreements 81BB Appeals to Magistrates Court 81BC Disqualification for certain offences relating to section 45C of the Road Traffic Act 1961 81C Disqualification for certain drink driving offences 81D Disqualification for certain drug driving offences 81E Circumstances in which licence will be subject to mandatory alcohol interlock scheme conditions 81F Mandatory alcohol interlock scheme conditions 81G Cessation of licence subject to mandatory alcohol interlock scheme conditions 81H Contravention of mandatory alcohol interlock scheme conditions 82 Vehicle offences and unsuitability to be granted or hold licence or permit 83 Consequences of certain orders or administrative actions outside State 84 Cancellation of licence or permit where issued in error 85 Procedures for suspension, cancellation or variation of licence or permit 91 Effect of suspension and disqualification 93 Notice to be given to Registrar 94 Administrative errors and notices of disqualification 96 Duty to produce licence or permit 97 Duty to produce licence or permit at court 97A Visiting motorists 98AAA Duty to carry licence when driving heavy vehicle 98AA Duty to carry licence when teaching holder of learner's permit to drive 98AAB Duty to carry probationary licence, provisional licence or learner's permit 98AAC Issue of duplicate licence or learner's permit 98AAD Licence or learner's permit falsely obtained is void 98AAE Licence or learner's permit unlawfully altered or damaged is void 98AAF Duty on holder of licence or learner's permit to notify illness etc 98AAG Exemptions for Aboriginal persons in remote areas Part 3A—Motor driving instructors' licences 98A Instructors' licences Part 3B—Demerit points scheme 98AB Interpretation 98B Demerit points for offences in this State 98BB Demerit points for offences interstate 98BC Liability to disqualification 98BD Notices to be sent by Registrar 98BE Disqualification and discounting of demerit points 98BF Effect of appeal or rehearing on disqualification and discounting 98BH Court not to take into account demerit points 98BI Notification of demerit points to interstate licensing authorities Part 3C—Towtrucks 98D Certain towtruck drivers required to hold certificates 98E Applications for towtruck certificates 98F Entitlement to be granted towtruck certificates 98G Renewal of towtruck certificates 98H Conditions of towtruck certificates 98I Surrender of towtruck certificate 98J Suspension of towtruck certificate 98K Temporary towtruck certificates 98L Form of certificates 98M Duplicate certificates 98MA Return of certificates when cancelled or suspended 98MB Register of certificates 98MC Towtruck operators to notify Registrar of towtruck drivers in their employ 98MD Only persons directed by police to proceed to or be present at scene of accident for purposes related to removal, wrecking or repair 98ME Towing of vehicle at or from scene of accident 98MF Storage of vehicles by towtruck operators 98MG Removal of vehicle from place to which it was removed from the scene of an accident 98MH Contracts relating to the repair of certain motor vehicles 98MI Duty to surrender vehicle 98MJ Accident spotting 98MK Off the hook transactions 98ML Towtruck driver to carry and produce certificate 98N Trade plates not to be used for the purpose of a towtruck in certain circumstances 98O Persons who may ride in towtruck 98P Investigation powers 98PA Power to require production or attendance for investigations 98PC Cause for disciplinary action 98PD Complaints 98PE Hearing by Tribunal 98PF Appointment, selection etc of assessors 98PG Disciplinary action Part 3D—Disabled persons' parking permits 98R Application for permit 98S Duration and renewal of permits 98T Permit contents, conditions and entitlements 98U Misuse of permit 98V Cancellation of permit 98WA Interstate permit holders have reciprocal entitlements 98X Interpretation Part 3E—Rights of review and appeal 98Z Review by Registrar 98ZA Review by Tribunal Part 4—Third party insurance 99 Interpretation 99A Insurance premium to be paid on applications for registration 101 Approved insurers 102 Duty to insure against third party risks 104 Requirements if policy is to comply with this Part 105 Policies to conform to amending Acts 107 Rights of persons named in policies 109 Liability of insurers where premium not paid 110 Liability of insurer to pay for emergency treatment 111 Liability of insurer to pay for hospital treatment 111A Liability of insurer in respect of burial at public expense 112 Liability of insurer when judgment obtained against insured 113 Liability of insurer where the insured is dead or cannot be found 113A Insurer not liable for aggravated damages or exemplary or punitive damages 114 Certain defences ineffective in actions against insurers 115 Claims against nominal defendant where vehicle not identified 116 Claim against nominal defendant where vehicle uninsured 116A Appointment of nominal defendant 117 Interpretation of expression in sections 113 and 115 118A Appointment of nominal defendant when approved insurer is wound up etc 118B Interpretation of certain provisions where claim made or action brought against nominal defendant 119 Scheme under which approved insurers indemnify liabilities incurred by nominal defendant 120 Satisfaction of judgment against nominal defendant where no scheme in force 121 Policy to bind all insured persons 122 Cancellation of policy 123 Right of insurer against unauthorised driver of vehicle 124 Duty to cooperate with insurer 124AA Limitation of liability in respect of foreign awards 124A Recovery by insurer 124AB Recovery of an excess in certain cases 124AC Credit for payment of expenses by insurer 125 Power of insurer to deal with claims against insured 125A Joinder of insurer as defendant to an action 125B Acquisition of vehicle by insurer 126 Duty of insured not to litigate or negotiate claim 126A Claim for compensation 127 Medical examination of claimants 127A Control of medical services and charges for medical services to injured persons 127B Liability of insurer to pay treatment, care and support costs 127C Control of legal costs 128 Duty of insurers to furnish information 129A Commissions and other financial benefits and inducements prohibited without Minister's approval 131 Insurance by visiting motorists 132 Power to disqualify on application of insurer 133 Contracting out of liability 134 Persons entitled to act in connection with claims Part 4A—Trials of automotive technologies 134B Interpretation 134C Minister may publish or adopt guidelines 134D Minister may authorise trials of automotive technologies 134E Exemptions from this and other Acts 134F Revocation and suspension of exemption 134G Offence to contravene etc condition of exemption 134H Requirement for insurance 134I Offence to hinder authorised trial or interfere with equipment 134J Immunity relating to official powers or functions 134K Commencement of prosecutions 134L Confidentiality 134M Report to Parliament Part 5—Supplementary provisions 135 False statements 135A Bribes 135B Applications made by agent 135C Proof of identity 136 Duty to notify change of name, address etc 137 Duty to answer certain questions 137A Obligation to provide evidence of design etc of motor vehicle 138 Obligation to provide information 138A Commissioner of Police to give certain information to Registrar 138B Effect of dishonoured cheques etc on transactions under the Act 139 Inspection of motor vehicles 139AA Where vehicle suspected of being stolen 139A Suspension of disqualification on appeal 139BA Power to require production of licence etc 139BB Issue of new licence or permit where licence etc cannot be endorsed 139BC Manner of endorsing licence etc 139BD Service and commencement of notices of disqualification 139C Service of other notices and documents 139D Confidentiality 139E Protection from liability 139G Offences by authorised officers 140 Evidence of registers 141 Evidence by certificate etc 142 Facilitation of proof 142A Evidence of ownership of motor vehicle 143 Causing or permitting offences 143B General defences 145 Regulations and fee notices 147 Financial provision 148 Duty of health professionals Schedule 1—Evidence obtained by photographic detection device 1 Interpretation 2 Certain offences subsumed 3 Notice about photographic evidence 4 Evidentiary Schedule 2—Prescribed circumstances (sections 75A, 75B and 81A) 1 Driving with immediate family members 2 Emergency workers 3 Driving to attend education or training 4 Driving to participate in activities 5 Driving for work purposes Legislative history