Immediate Loss of Licence Appeal SA: Getting Your Licence Back Early (Section 47IAB)
Immediate loss of licence appeals in South Australia
An immediate loss of licence notice can take you off the road from the moment police hand it over, for up to 12 months, before any court has heard the charge. Section 47IAB of the Road Traffic Act lets you apply to the Magistrates Court to lift the notice or, for some drink driving offences, cut it short. Talon Legal runs these applications in Magistrates Courts across South Australia. Book a same-day free 30-minute consultation or call (08) 7094 2021.
Immediate loss of licence key facts
| Issue | Position in South Australia |
|---|---|
| Governing law | Sections 47IAA and 47IAB of the Road Traffic Act 1961 (SA), current text as at 7 November 2026. |
| What it is | An application to the Magistrates Court to lift a police licence notice or shorten it (section 47IAB(1)), often called an immediate loss of licence appeal. |
| Who can apply | A person given a notice under section 47IAA, or a camera-detected excessive speed notice under section 45B(1)(b) (section 47IAB(1)). |
| Offences | Drink driving at .08 or more, reckless or dangerous driving, drug driving, breath and drug test refusals, and blood test offences after a crash (section 47IAA(1)). |
| Longest period | 3 months for drug driving; 6 months for category 2 drink driving and drug test refusals; 12 months for the other listed offences (section 47IAA(12)(b)(iv)). |
| Grounds | A reasonable prospect of acquittal on the applicant's oral evidence on oath; no charge after a reasonable time; and two drink driving grounds that cut the period (section 47IAB(2)). |
| Hardship | Not a ground. |
| Police at the hearing | The Commissioner of Police is a party who may make submissions but cannot cross-examine the applicant (section 47IAB(4), (4a)). |
| Time limit | None stated, but an order is only useful while the notice is running. |
| Driving during the notice | An offence under section 91(5a) of the Motor Vehicles Act 1959 (SA): up to 12 months imprisonment for a first offence, 3 years for a subsequent offence. |
| If convicted | The court must take the notice period into account (section 47IAA(9)). |
| First step | Same-day free 30-minute consultation. Call (08) 7094 2021. |
Charged with an offence and lost your licence on the spot? What section 47IAB covers
Police can suspend a licence on the spot for drink driving at .08 or more, drug driving, dangerous driving and test refusals, by giving a notice under section 47IAA of the Road Traffic Act 1961 (SA). Section 47IAB gives the driver a way back: an application to the Magistrates Court to lift the notice or shorten it. This guide explains how an immediate loss of licence appeal works in SA: who can apply, the grounds, the hearing, timing, and what happens to the time off the road if there is a conviction later. It states the law current to 7 November 2026.
People call it an appeal, and so do we. In law it is an application under section 47IAB, usually decided on the applicant’s own sworn evidence. It is separate from the licence appeal for learner and provisional drivers on our drivers licence appeal page, and separate from the criminal charge. Notices for excessive and extreme speed work differently, as set out under other notices.
Free Consultation. An order is only worth having while the notice is still running, so the application needs to be prepared quickly. Book a same-day free 30-minute consultation or call (08) 7094 2021.
On this page
- How does an immediate loss of licence appeal work in SA?
- Which offences allow police to suspend a licence on the spot?
- When does the notice start and how long does it last?
- Is the notice valid?
- Can I drive while the notice is in force?
- What are the grounds to lift or reduce the notice?
- Can I get my licence back because I need it for work?
- What happens at the hearing?
- How soon should I apply, and can I apply again?
- Can police withdraw the notice or decide not to charge?
- Does the time off the road count if I am convicted?
- What about excessive speed and extreme speed notices?
- How similar cases tend to play out
- How we defend your licence after an immediate loss of licence notice
- Immediate loss of licence case law
- Frequently asked questions
How does an immediate loss of licence appeal work in SA?
It is an application to the Magistrates Court under section 47IAB of the Road Traffic Act. A person given a notice under section 47IAA, or a camera-detected excessive speed notice under section 45B(1)(b), may apply. So may a person sent particulars of either notice by the Registrar of Motor Vehicles (section 47IAB(1)). The court may order that the person is not disqualified or suspended by the notice, or may reduce the period (section 47IAB(1), (2)).
The magistrate does not review the officer’s decision. In Police v Conway; Police v Parker [2006] SASC 186, decided on the 2005 wording of section 47IAB, the Full Court described the magistrate’s function as administrative: a fresh decision, on the evidence, whether there was a reasonable prospect of acquittal ([30], [69]).
The application and the charge run on separate tracks. In Cosenza v Magistrates Court of South Australia [2016] SASC 181, the judgment records that a magistrate lifted a breath test refusal notice on the acquittal ground, and that police charged the driver by complaint and summons the same day ([19] to [20]).
Which offences allow police to suspend a licence on the spot?
Only the offences listed in section 47IAA(1). The table also shows how long the notice lasts if nothing ends it sooner (section 47IAA(12)(b)(iv)).
| Offence | Section 47IAA(1) | Longest notice period |
|---|---|---|
| Category 2 drink driving (.08 or more but less than .15) | (a) | 6 months |
| Category 3 drink driving (.15 or more) | (b) | 12 months |
| Reckless or dangerous driving (section 46) | (ba) | 12 months |
| Drug driving (section 47BA(1) or (1a)) | (bb) | 3 months |
| Refusing or failing to comply with an alcotest or breath analysis direction (section 47E(3) or (3a)) | (c) | 12 months |
| Refusing or failing to comply with a drug screening test, oral fluid analysis or blood test direction (section 47EAA(9) or (9a)) | (ca) | 6 months |
| A blood test offence after a crash (section 47I(7)) | (cb) | 12 months |
| A section 47I(14) offence by a driver of a vehicle involved in the accident | (d) | 12 months |
Low range drink driving (a category 1 offence, under .08) and driving under the influence under section 47 are not on the list. Excessive and extreme speed have their own notices, covered under other notices.
The officer must reasonably believe the person committed the offence. For drug driving a reasonable suspicion is enough (section 47IAA(2)). The notice must specify the offence (section 47IAA(3)). If the person is charged with a different listed offence from the same course of conduct instead of the one specified, that offence becomes the offence the notice relates to (section 47IAA(8)).
For a licence holder, the notice suspends the licence. A person without a licence is disqualified from holding or obtaining one (section 47IAA(4)).
When does the notice start and how long does it last?
It usually starts the moment it is handed over. The officer may postpone the start by 48 hours, or by 28 days for drug driving, if satisfied that is appropriate and the notice says so (section 47IAA(12)(a)).
The notice must include the prescribed particulars (section 47IAA(2)). Under regulation 12(a1) of the Road Traffic (Miscellaneous) Regulations 2014, these include when the suspension should start, the period it applies for, and that the person may apply to the court ((k) to (m)). The Registrar of Motor Vehicles also posts the person a notice of the particulars, but a failure to post it does not affect the notice (section 47IAA(6), (7)).
The notice ends when the first of these happens (section 47IAA(12)(b)):
- the court orders under section 47IAB that the person is not disqualified or suspended by it;
- a shorter period set by the court on an application runs out;
- the person is told in writing, by or for the Commissioner of Police, that they will not be charged with any listed offence arising out of the conduct;
- the charge is determined by a court, or withdrawn or otherwise discontinued;
- the longest period for the offence runs out.
Is the notice valid?
Only if it meets the conditions in section 47IAA, including that it specifies the offence (section 47IAA(3)) and includes the prescribed particulars (section 47IAA(2)).
In Conway, the notices described the offence only by a blood alcohol band and a repealed section ([44] to [46]). An officer suspends a licence by an administrative act, without a hearing, so the statutory conditions must be strictly complied with ([25] to [26], [37]). The Full Court held that the failure to specify the offence, which a person needs to know to decide whether to apply, made the notices invalid ([51] to [55], [72]).
That was the 2005 form. Later amendments declared earlier forms and notices valid (section 47IAA(15), (16)), but section 47IAA(3) still requires the offence to be specified. The Commissioner may also withdraw a defective notice and give a fresh one (section 47IAA(19), (22)).
Can I drive while the notice is in force?
No. Driving a motor vehicle on a road while a licence is suspended, or while disqualified, is an offence under section 91(5a) of the Motor Vehicles Act 1959 (SA). The maximum is 12 months imprisonment for a first offence and 3 years for a subsequent offence. It is also a prescribed offence for vehicle clamping and impounding (regulation 5(g) of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2022), so police can clamp or impound the car for 28 days once the driver is reported, charged or arrested (sections 5 and 6 of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 (SA)).
In Police v Carletti [2020] SASC 118, a driver drove six days after a notice and pleaded guilty to driving while disqualified. The electronic licence app had not yet shown the suspension. The Supreme Court accepted his honest belief that he was not disqualified ([44]), but held he behaved unreasonably in not getting prompt legal advice about the police paperwork ([55]). That belief went to penalty: his guilty plea stood, and the Court found good reason not to record a conviction ([64], [66]).
In Seeley v Police [2016] SASC 143, a driver drove twice during a six-month instant loss of licence ([5] to [6]). On appeal, 5 months imprisonment was held manifestly excessive because of untreated mental illness, and 3 months suspended on a supervised bond was substituted ([49] to [54]).
Both cases were decided under the earlier wording of section 91. Section 91(5a) has applied since 13 February 2023.
What are the grounds to lift or reduce the notice?
There are four, all in section 47IAB(2). Two lift the notice. Two cut the period, and apply only to drink driving.
| Ground | What the court must be satisfied of | Result |
|---|---|---|
| Acquittal (section 47IAB(2)(a)(i)) | On the applicant's oral evidence on oath, a reasonable prospect of acquittal of the offence in the notice, with no evidence suggesting guilt of another offence to which section 47IAA applies | Notice lifted |
| No charge (section 47IAB(2)(a)(ii)) | No section 47IAA or section 45A charge has been laid, and the prosecution authorities have had a reasonable time to decide whether to charge | Notice lifted |
| Trifling (section 47IAB(2)(b)(i)) | A first category 2 or category 3 offence, and on the applicant's oral evidence on oath, a reasonable prospect of successfully arguing it was trifling | Cut to 1 month |
| Category 3 to category 2 (section 47IAB(2)(b)(ii)) | A category 3 offence, and on the applicant's oral evidence on oath, a reasonable prospect of acquittal of it, but evidence suggesting guilt of a category 2 offence | Cut to 6 months |
The evidence must not point to another listed offence, so an argument that answers one charge will not help if the same facts suggest a different offence on the list.
The trifling ground covers only a first category 2 or category 3 drink driving offence, and success on it does not decide the charge. In Police v Ludlow [2008] SASC 43, a notice was ended on that ground after five weeks ([7]), and the Supreme Court later held on a police appeal that the offence was not trifling. In Whitrow v Police [2015] SASC 17, a driver who had such an order ([3] to [4]) was found at sentence not to have committed a trifling offence. Only in “rare and exceptional circumstances” will offending of that nature be found trifling ([26]).
The no-charge ground does not require the applicant’s oral evidence. Police must decide within a reasonable time whether to charge (section 47IAA(7a)), and what is reasonable depends on the circumstances. In Mallios v Commissioner of Police (No 2) [2024] SASC 135, the magistrate said it was too early to say police had delayed unreasonably ([14]).
Can I get my licence back because I need it for work?
No. Section 47IAB(2) has no hardship ground, and material that goes only to penalty does not support an order.
In Mallios (No 2), after a drug test refusal notice, the applicant relied on stress, his need to work and to visit his mother, and his good record. The magistrate refused the application because that material went to penalty, not to guilt ([13], [15]), and told him he could apply again if he had other evidence suggesting he was not guilty ([16]). The Supreme Court refused leave to appeal ([84]) and said the appeal would have failed in any event ([94], [112]).
Extreme speed notices have a different test, set out under other notices.
What happens at the hearing?
The applicant gives evidence. The acquittal, trifling and category 2 grounds each require the court to be satisfied “on the basis of oral evidence given on oath by the applicant” (section 47IAB(2)), as Mallios (No 2) confirms ([11], [75]). Conway held that unsworn material could be enough ([67], [71]), but that was on the 2005 wording, which has since been amended (Mallios (No 2) at [76], [78]).
The Commissioner of Police must be served as soon as practicable, is a party, and may appear by a lawyer or a police officer (section 47IAB(4)). The Commissioner’s representative may make submissions but is not entitled to cross-examine the applicant (section 47IAB(4a)).
The application must be in writing and set out the grounds and particulars of the evidence to be relied on (section 47IAB(3)). Under rule 261.3 of the Uniform Special Statutory Rules 2022, it must be in the prescribed form with a supporting affidavit, which exhibits any information and facts of charge already received. The Commissioner must be joined as the respondent, and service may be by email to the address SAPOL’s criminal justice section keeps for that purpose.
Informal accounts of the process can mislead. In Dudley v Police [2022] SASC 155, the magistrate found that an officer had inadvertently given the misleading impression that the licence could be reinstated on request at court the next morning ([31]).
How soon should I apply, and can I apply again?
As soon as the evidence is ready. Section 47IAB sets no time limit, but an order is only useful while the notice is running. In Mallios (No 2), the Court noted at least a question about the practical utility of an appeal once the suspension had elapsed ([84]), and left open whether a notice could be quashed after its period had expired ([103]).
A refused application can be brought again. The Supreme Court said an unsuccessful applicant could, subject only to abuse of process principles, bring a second application, so a refusal is interlocutory and an appeal needs leave ([81] to [82]). The Court of Appeal refused permission to appeal from that decision (Mallios v Commissioner of Police [2025] SASCA 66).
Can police withdraw the notice or decide not to charge?
Yes. The Act gives the Commissioner of Police both powers.
The Commissioner must see that a decision on charging is made within a reasonable time, and that written notice is given if the decision is not to charge (section 47IAA(7a)). That written notification ends the notice (section 47IAA(12)(b)(iia)). A failure to decide does not stop later charges, and affects the notice only through a court order on the no-charge ground (section 47IAA(7b), (7c)).
The Commissioner may also authorise the withdrawal of a notice given to a person in error, a defective notice, or one that should not have been given for other proper cause. The withdrawal notice must state the reason, and a fresh notice may then be given if there are proper grounds (section 47IAA(19) to (22)).
If the charge is determined by a court, or withdrawn or otherwise discontinued, the notice ends (section 47IAA(12)(b)(iii)). No compensation is payable by the Crown or a police officer for the use of the power, except where an officer did not act in good faith (section 47IAA(10), (11)).
Does the time off the road count if I am convicted?
Yes. Where a notice period has applied and the court convicts of the notice offence, or another offence from the same course of conduct, that carries a mandatory minimum disqualification, the court must take the notice period into account (section 47IAA(9)). It may (section 47IAA(9)(e)):
- if the notice is still running, order that its disqualification be taken to have started when the notice started, provided the period is not less than the mandatory minimum; or
- if the notice has ended, impose less than the minimum, but not less than the minimum less the time that applied under the notice.
| First offence | Longest notice period | Court minimum disqualification |
|---|---|---|
| Category 2 drink driving | 6 months | 6 months (section 47B(3)(a)(i)(A)) |
| Category 3 drink driving | 12 months | 12 months (section 47B(3)(a)(i)(B)) |
| Drug driving (section 47BA) | 3 months | 6 months (section 47BA(4)) |
| Alcotest or breath analysis refusal (section 47E(3) or (3a)) | 12 months | 12 months (section 47E(6)) |
| Drug test refusal (section 47EAA(9) or (9a)) | 6 months | 12 months (section 47EAA(16)) |
| Reckless or dangerous driving (section 46) | 12 months | 12 months (section 46(3)) |
So a driver convicted of a first drug driving offence after a full 3-month notice has ended faces a 6-month minimum, which the court may reduce, but not below 3 months.
The cases on the credit were decided on the wording before the 2020 amendment. In Police v Clayton-Smith [2010] SASC 127, the provision was said to permit a court “to do what the Act would otherwise forbid” ([31]). In Padjan v Police [2010] SASC 334, a disqualification that ignored the notice period was set aside ([29] to [30]), and in Ludlow the time served under the notice was deducted ([33] to [34]).
The minimum is only a minimum. In Farrell v Police [2008] SASC 183, a further 9 months after a full 12-month notice, 21 months in all, was not arguably excessive ([19] to [24]).
What about excessive speed and extreme speed notices?
They have their own notice powers, and only a camera-detected excessive speed notice can go to the Magistrates Court under section 47IAB.
| Excessive speed (section 45B, Road Traffic Act) | Extreme speed (section 19AF, Criminal Law Consolidation Act) | |
|---|---|---|
| When police can give it | The officer reasonably believes a section 45A offence (45 km/h or more over the limit) was committed (section 45B(1)(a)), or the owner was given a camera expiation notice for one (section 45B(1)(b)) | The officer reasonably believes a section 19ADA(1) offence was committed, or a section 19A, 19AB or 19ABA offence where a motor vehicle was used (section 19AF(1)) |
| Starts | When given, or 48 hours later if postponed; a camera notice 28 days after it is given (section 45B(10)(a)) | When given (section 19AF(17)(a)) |
| Longest period | 6 months, ending sooner when the case is determined, withdrawn or discontinued (section 45B(10)(b)) | 12 months for extreme speed, ending sooner on a court order, a decision not to charge, or the end of the case (section 19AF(17)(b)(ii)) |
| Court route | Section 47IAB, for a camera notice under section 45B(1)(b) only | Section 19AF(6) |
| Withdrawal | Section 45B(13) | Section 19AF(13a) to (13d) |
| Credit if convicted | Section 45B(7) | Section 19AF(13) |
A police-detected notice under section 45B(1)(a) is not listed in section 47IAB(1). For that notice the Act provides withdrawal by the Commissioner for error, defect or other proper cause (section 45B(13)), and credit on conviction (section 45B(7)). For a camera notice, the acquittal ground requires that the evidence not suggest guilt of any offence to which section 47IAA applies (section 47IAB(2)(a)(i)(B)).
Section 19AF(6) of the Criminal Law Consolidation Act 1935 (SA) sets its own test. On evidence on oath by or on behalf of the person, the court must be satisfied that exceptional circumstances exist in relation to the person or the alleged offence such that an order is appropriate, and that the person does not pose a substantial risk to other members of the public. The Crown may be heard, and may put before the court the alleged offence and the person’s previous offences relating to the use of a motor vehicle, including expiated ones (section 19AF(7), (8)). The excessive speed and extreme speed guides have more detail.
How similar cases tend to play out
Three illustrations of how sections 47IAA and 47IAB apply on ordinary facts. They are not predictions. The result depends on the evidence, the person’s history and the court.
Lower range. A driver with no prior offences is breath tested at .085 and given a notice on the spot. It is a category 2 offence, so the notice runs for up to 6 months (section 47IAA(12)(b)(iv)(A)). If her sworn evidence shows a reasonable prospect that she might successfully argue the offence was trifling, the court must cut the notice to 1 month (section 47IAB(2)(b)(i)). Trifling findings for drink driving are rare (Whitrow), and the charge goes on.
Middle range. A driver is given a notice for refusing a breath analysis. He says the officer never clearly directed him to provide a sample, and his passenger backs him. The notice runs for up to 12 months (section 47IAA(12)(b)(iv)(B)). If his sworn evidence shows a reasonable prospect of acquittal, and the evidence does not suggest another listed offence, the court may order that he is not suspended by the notice (section 47IAB(2)(a)(i)). Police can still prosecute (Cosenza).
Upper range. A driver records .16, has no argument on guilt and needs a licence for work. The notice runs for up to 12 months, and hardship is not a ground (section 47IAB(2); Mallios (No 2)). Driving during it would be a further offence (Motor Vehicles Act section 91(5a)). On conviction for a first category 3 offence the minimum disqualification is 12 months (section 47B(3)(a)(i)(B)), and the court may backdate its order to the start of a notice that is still running (section 47IAA(9)(e)(i)).
How we defend your licence after an immediate loss of licence notice
Most applications turn on two questions: whether there is a real argument on guilt, and whether it can be put in sworn evidence before the notice runs out. We start with both.
| Stage | What happens | What we do |
|---|---|---|
| Notice given | The licence is suspended, usually at once. Charge documents may come later. | Check the offence the notice specifies, its start and its period, and advise you not to drive. |
| Evidence | Test results, police records, video and witness accounts. | Gather what bears on guilt, such as blood test results, medical evidence and witnesses, with any charge documents. |
| Application | A written application and affidavit, served on the Commissioner of Police. | Choose the right ground, draft the papers and prepare you to give evidence on oath. |
| Hearing | The magistrate hears the applicant. Police may make submissions but cannot cross-examine. | Present the evidence and answer the Commissioner's submissions. |
| Charge and sentence | The prosecution can continue whatever the result of the application. | Defend the charge, and on any conviction press for the full credit under section 47IAA(9). |
We cannot promise a particular result, and no lawyer can. We can make sure the application rests on a ground the section allows, and is heard while the notice still has time to run.
Every hour matters. Book a same-day free 30-minute consultation, or call (08) 7094 2021 now.
Immediate loss of licence case law
These are the decisions this guide relies on. The case notes state what each court decided.
| Case | Court | Principle | Pinpoint |
|---|---|---|---|
| Police v Conway; Police v Parker [2006] SASC 186 | Full Court | The notice must specify the offence; strict compliance; on the 2005 wording, the magistrate decided afresh | [25] to [26], [30], [51] to [55], [72] |
| Mallios v Commissioner of Police (No 2) [2024] SASC 135 | Supreme Court | Sworn oral evidence; no hardship ground; second application; leave to appeal | [11], [13], [15] to [16], [75], [81] to [82] |
| Cosenza v Magistrates Court of South Australia [2016] SASC 181 | Supreme Court | Notice lifted on the acquittal ground; charge laid the same day | [19] to [20] |
| Whitrow v Police [2015] SASC 17 | Supreme Court | An order on the trifling ground did not decide trifling at sentence | [3] to [4], [22] to [26] |
| Police v Ludlow [2008] SASC 43 | Supreme Court | Notice ended on the trifling ground; time under it taken into account | [7], [33] to [34] |
| Dudley v Police [2022] SASC 155 | Supreme Court | Magistrate's finding that an officer's account of the process misled | [31] |
| Police v Clayton-Smith [2010] SASC 127 | Supreme Court | Credit may take the court below the minimum (earlier wording) | [31] to [32] |
| Padjan v Police [2010] SASC 334 | Supreme Court | Disqualification that ignored the notice set aside (earlier wording) | [29] to [30] |
| Farrell v Police [2008] SASC 183 | Supreme Court | The minimum is only a minimum | [19] to [24] |
| Police v Carletti [2020] SASC 118 | Supreme Court | Driving during a notice; honest belief went to penalty | [44], [55], [64], [66] |
| Seeley v Police [2016] SASC 143 | Supreme Court | Driving during a notice; prison term reduced and suspended | [5] to [6], [49] to [54] |
Case notes
Police v Conway; Police v Parker [2006] SASC 186
Because an officer suspends a licence by an administrative act without a hearing, the statutory conditions must be strictly complied with ([25] to [26], [37]). Notices in the 2005 form that described the offence only by a blood alcohol band and a repealed section were invalid ([44] to [46], [51] to [55], [72]). On the 2005 wording of section 47IAB, the magistrate’s function on an application was a fresh administrative decision ([30], [69]).
Mallios v Commissioner of Police (No 2) [2024] SASC 135
The magistrate refused an application based on work, family and good character because that material went to penalty, not guilt ([13], [15]), and said a fresh application could be made on other evidence ([16]). B Doyle J said the section requires the applicant’s oral evidence on oath ([11], [75]), and that because a second application can be brought, leave to appeal is needed ([81] to [82]). Leave was refused ([84]), and the Court of Appeal refused permission to appeal ([2025] SASCA 66).
Cosenza v Magistrates Court of South Australia [2016] SASC 181
A judicial review about a later arrest warrant. The judgment records that a breath test refusal notice was lifted on the acquittal ground, and that the driver was charged by complaint and summons the same day ([19] to [20]).
Whitrow v Police [2015] SASC 17
A driver at .175 who had obtained an order on the trifling ground ([3] to [4]) was held at sentence not to have committed a trifling offence. Only in rare and exceptional circumstances will offending of that nature be found trifling ([22] to [26]).
Police v Ludlow [2008] SASC 43
A notice was ended after five weeks on the trifling ground ([7]). On the police appeal the offence was held not to be trifling, and the Court took account of the time already served when fixing the 6-month minimum, leaving 20 weeks ([33] to [34]).
Dudley v Police [2022] SASC 155
The magistrate found that an officer had inadvertently given the misleading impression that the licence could be reinstated on request at court the next morning ([31]). The appeal, about the admissibility of a breath analysis, was dismissed ([38] to [40]).
Police v Clayton-Smith [2010] SASC 127
On the 2006 to 2020 wording, the credit applied to a conviction for another offence from the same course of conduct, permitted the court “to do what the Act would otherwise forbid”, and left cumulative or concurrent orders to its discretion ([29] to [32]).
Padjan v Police [2010] SASC 334
On the earlier wording, the notice period counted towards the mandatory minimum, and a disqualification that ignored it was set aside ([29] to [30]). The case also applied a rule about notices given to people already disqualified that is not in the current section 47IAA(12)(a) ([27] to [28]).
Farrell v Police [2008] SASC 183
After a full 12-month notice for a category 3 offence, a further 9 months was not arguably excessive, because the minimum is just that, a minimum ([19] to [24]).
Police v Carletti [2020] SASC 118
A driver who drove six days after a notice pleaded guilty to driving while disqualified. His honest belief that he was not disqualified was accepted ([44]), but he had acted unreasonably in not getting prompt legal advice ([55]), and no conviction was recorded ([64], [66]).
Seeley v Police [2016] SASC 143
A driver drove twice during a six-month instant loss of licence ([5] to [6]). Given his untreated mental illness, 5 months imprisonment was manifestly excessive, and 3 months suspended on a supervised bond was substituted ([49] to [54]).
Frequently asked questions
Can I appeal an immediate loss of licence in SA?
Yes, by applying to the Magistrates Court under section 47IAB of the Road Traffic Act. The court can lift the notice or, for some drink driving offences, cut the period, but only on the grounds in section 47IAB(2).
How long is an immediate loss of licence in SA?
Up to 3 months for drug driving, 6 months for category 2 drink driving and drug test refusals, and 12 months for the other listed offences (section 47IAA(12)(b)(iv)). It can end sooner, for example when the case ends.
Can I get my licence back early for work?
Not on that ground. Section 47IAB(2) has no hardship ground, and material about work, family and a good record goes to penalty, not guilt (Mallios (No 2) at [13], [15]).
Do I have to give evidence at the hearing?
Yes, for the acquittal, trifling and category 2 grounds, which depend on the applicant’s oral evidence on oath (section 47IAB(2)). Police may make submissions but cannot cross-examine the applicant (section 47IAB(4a)).
Is there a time limit to apply?
Section 47IAB sets none, but an order is only useful while the notice is running, so the application should be made as soon as the evidence is ready.
If the notice is lifted, is the charge dropped?
No. The application and the prosecution are separate, and lifting a notice does not stop police charging the driver (Cosenza at [19] to [20]).
Can I drive while waiting for the hearing?
No. While the notice is in force, driving on a road while suspended or disqualified is an offence under section 91(5a) of the Motor Vehicles Act, with a maximum of 12 months imprisonment for a first offence.
Does the time already served count if I am convicted?
Yes. The court must take the notice period into account. It may backdate its disqualification to the start of the notice if the notice is still running, or, if it has ended, go below the mandatory minimum by no more than the time served (section 47IAA(9)).
Can I get compensation if I am found not guilty?
No. No compensation is payable by the Crown or a police officer for the use of the power, unless an officer did not act in good faith (section 47IAA(10), (11)).
Can I appeal a licence suspension for excessive speed?
Only a camera-detected notice under section 45B(1)(b) can be taken to the Magistrates Court under section 47IAB. A police-detected notice cannot, though the Commissioner of Police may withdraw a notice given in error, a defective notice, or one that should not have been given for other proper cause (section 45B(13)).
Do I need a lawyer for an immediate loss of licence appeal?
The application is decided on sworn evidence and the right ground, and it is only worth bringing while the notice is running. We can prepare the application and the evidence, and appear for you at the hearing. Call (08) 7094 2021.
South Australian courts we attend for immediate loss of licence applications
We run immediate loss of licence applications in the Adelaide Magistrates Court and the suburban and regional Magistrates Courts listed below.
Courts we attend
Book a same-day free 30-minute consultation or call (08) 7094 2021.
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