A Provisional (P2) licence can be applied for if a P1 licence has been held for at least 12 months.
- must not drive a motor vehicle or attempt to put a motor vehicle in motion when there is any concentration of alcohol in their blood or prescribed drug in their blood or oral fluid;
- must not drive a motor vehicle at a speed exceeding 10 km/h or more of any speed limit under the Road Traffic Act or exceed the 100 km/h speed limit prescribed under the Motor Vehicles Act ;
- must not accumulate 4 or more demerit points during the P2 qualifying period;
- must carry licence at all times when driving [s 98AAB].
Drivers under 25:
- must not drive a high powered vehicle [s 81A(13)]. The maximum penalty for this is $1250.
(including accumulation of 4 or more demerit points)
- Disqualification from driving for 6 months, and
- Cancellation of the licence.
Penalty: see penalty summary
Under section 81BA of the Motor Vehicles Act 1959 (SA) a P2 licence holder may enter into a Safer Driver Agreement in lieu of a disqualification but only under certain conditions. See Safer Driver Agreements.
A P2 licence holder who is facing disqualifcation for breach of conditions can appeal the disqualification but only on the grounds that their loss of licence will result in severe and unusual hardship to either themselves or their dependants, and provided they have not successfully appealed in the preceding 5 years. If successful, no further appeals can be made for 5 years.
Where a driver is eligible to enter into a Safer Driver Agreement they cannot lodge an appeal.
The effect of a successful appeal for a P2 licence holder will be:
- the licence is cancelled and the licence holder is entitled to a refund (on application to the Registrar) [s 81BB(7)(a)];
- the disqualification is removed and the person is entitled to apply for the licence afresh [s 81BB(7)(b)];
- the application for the new licence will be as if they were applying at the end of a period of disqualification [s 81BB(7)(c)].
Where a driver has successfully appealed a disqualification for breach of conditions and subsequently breaches a prescribed condition or exceeds a total of 4 demerit points, he/she will be disqualified from holding a licence for a period of 12 months and have their licence cancelled. No further appeals can be made for a period of 5 years from the date of the last successful appeal.
Where a P2 driver chooses not to appeal or is unsuccessful in an appeal against breach of conditions they will be eligible to reapply for a P2 licence on completing their disqualification [s 81B(1)].
To be eligible for an unconditional licence (also referred to as a non-provisional licence), a driver must:
- be aged at least 20 years of age; AND
- have held a P2 provisional licence for a period of at least 2 years; AND
- must not be the holder of a provisional licence that is subject to alcohol interlock scheme conditions.
[See Motor Vehicles Act 1959 (SA) s 81A(5)]
A licence will be issued or renewed for a term which will not exceed 10 years. The registrar may renew a licence so long as an application for its renewal is made within 5 years of the expiry date of the licence.
If the driver has their full licence disqualified, it will be cancelled and they will be issued with a Probationary Licence once they reapply for a re-issue of their licence. They will also have to pay a fee when applying for the re-issue of their licence.
For more information see: http://www.mylicence.sa.gov.au/my-car-licence/p2-provisional-licence
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.