Provisional licence holders who have been issued with a notice of disqualification can choose to enter a Safer Driver Agreement instead of serving the 6 month disqualification period [Motor Vehicles Act 1959 (SA) s 81BA]. The agreement will apply for the duration of the provisional licence.
A provisional licence holder will only be eligible to enter into a Safer Driver Agreement if the following conditions are satisfied:
- the disqualification is not related to a serious disqualification offence; and
- they have not entered into any other Safer Driver Agreements in the last 5 years; and
- they have not had a successful Magistrates Court appeal against disqualification in the last 5 years.
Effect of Safer Driver Agreement
- Existing licence is cancelled
- The disqualification is removed and the person is entitled to apply for a licence. Despite the removal of the disqualification, when applying for a licence the person is taken as making an application at the end of the disqualification period.
With the removal of the licence regression scheme, disqualified drivers will return to the licence they were on when they committed the offence, rather than the previous stage. For example, if a driver on a P1 licence commits a breach of conditions resulting in disqualification and enters into a Safer Driver Agreement, he/she will be able to apply for a P1 licence rather than going back to a Learner’s Permit.
If a driver subsequently breaches their licence conditions or accumulates 4 or more demerit points again they will be disqualified for a period of 12 months. The disqualification period must be served as there is no provision for an appeal to the Magistrates Court [Motor Vehicles Act 1959 (SA) s 81BB(2)].
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.