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Motor bike licences

This section covers the issuing of motor bike learner's permits, the conditions attached to them, and progression through the graduated licence scheme applying to motor bike licences.

All references in this section are to the Motor Vehicles Act 1959 (SA) unless stated otherwise.

Motor bike learner's permit

From 22 November 2021, a person must be at least 18 years of age to be issued with a motor bike learner’s permit, unless [Motor Vehicles Act 1959 (SA) s 75A(2a)]:

  • They are at least 16 years of age and live in a prescribed locality, or
  • They are at least 17 years of age and already hold a provisional license.

Prescribed localities are set out in the Motor Vehicles Regulations 2010 (SA) reg 45B. If a motorbike learner’s permit is issued to a person under 18 years of age because they live in a prescribed locality, they will hold a restricted motor bike learner’s permit. These permit holders may only drive a motor bike in prescribed circumstances [s 75B and sch 2].

Previously a person who was 16 years of age could be issued with a learner’s permit.

Those applying for motorbike learner’s permits must complete prescribed motor bike driver training [s 75A(2)(a)(v)(A)].

Conditions of motor bike learner's permits

A motorbike learner’s permit holder must:

  • not drive on a road while any concentration of alcohol is in the their blood, or any prescribed drug in their oral fluid or blood [s 75A(1) and (10)(a)].
  • not exceed the speed limit set under the Road Traffic Act 1961 (SA) by 10 kilometres or more per hour [s 75A(10)(b)].
  • not drive on any road in South Australia at a speed more than 100 kilometres per hour [s 75A(16)].
  • affix a plate bearing the letter “L” to the bike in accordance with the regulations [s 75A(15)]
  • not contravene a condition of the permit. The maximum penalty for this offence is a fine of $1250 [s 75A(14)].

It may also be a condition of a motorbike learner’s permit that the holder only drive a particular kind of bike or limiting the hours or locality within which the bike may be driven [s 75A(10)(d)].

A learner’s permit holder must also:

If a learner's permit holder incurs 4 or more demerit points, their permit will be canceled and they will be disqualified from holding their permit for 6 months [s 81B(1)].

No passengers, no towing and night-time curfew for those under 25 years of age

Further conditions for permit holders that apply from 22 November 2021 include:

  • The learner’s permit holder must not carry any passengers in any way. Maximum penalty: $1250 [s 75A (24)]
  • The learner’s permit holder must not tow any other vehicle. Maximum penalty: $1250 [s 75A(25)]
  • A prescribed learner’s permit holder (that is, someone under 25 years of age holding the permit) must not drive the motor bike on a road between the hours of midnight and 5:00 am. Maximum penalty: $1250 [s 75A(20)]. There are some defences to a charge, relating to attendance at recognised education and training [s 75A(21) and reg 45F]. It may also include driving to attend recognised activities or emergency services work [see schedule 2 of the Act].

Length of motor bike learner's permit

From 22 November 2021, a motor bike learner’s permit must be held for a minimum of 12 months, regardless of your age or if you hold a full driver’s licence for another class of motor vehicle.

Section 75 provides that a person may only be issued with a licence to drive a motor bike if they are at least 19 years of age [s 75(1)(aa)(i)]. Section 79A provides that a person may only be issued with a licence to drive a motor bike if they held a learner’s permit for a continuous period of at least 12 months [s 79A(1)(b)].

If a person has not held a licence to drive a motor bike for 5 years, then the requirement for the learner’s permit being held for 12 months may apply afresh. Similarly, if a person is disqualified from driving the law that applies is more complicated [s 79A(1)(a)].

Motor bike graduated licence scheme

From 22 November 2021, there is a graduated motor bike licensing scheme.

An R-date licence classification must now be held for a minimum of 2 years, before the licence holder can move to a full motor bike licence, known as an R classification [s 72(1) and Motor Vehicles Regulations 2010 (SA) reg 42 and schedule 2]. This means that after holding a motor bike learner’s permit for a minimum of 12 months and an R-date classification for a minimum of 2 years, a person cannot be less than 21 years of age when they obtain a full R classification.

Conditions of R-date motor bike licence classification

From 22 November 2021, the following conditions apply to R-date licences:

  • The licence holder must not drive on a road while there is any concentration of alcohol in their blood, or any prescribed drug in their oral fluid or blood [s 81AC(1) and (2)].
  • The licence holder must not contravene a condition of the licence. The maximum penalty for this offence if a fine of $1250 [s 81AC(3)].

It may now also be a condition of an R-date motor bike licence that the licence holder does not drive a motor bike unless it is fitted with an automatic transmission [s 81(1a)]. This will be the case if the licence holder completed the prescribed motor bike training with automatic transmission. It is an offence to contravene this condition [s 81(4)]. The maximum penalty is a fine of $1250.

Conditions of R motor bike licence classification

An R-date classification motor bike licence will automatically convert to an R classification licence after 2 years [reg 42(2)]. The licence need not be endorsed with the R classification [reg 42(3)].

A condition that the holder of the licence does not drive a motor bike unless it is fitted with an automatic transmission may continue with an R classification licence [s 81(1a)].

More information, including frequently asked questions about transition to the new scheme, is available on the MyLicence website (link opens in new window).

Motor bike licences  :  Last Revised: Fri Dec 3rd 2021
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.