What is a Probationary Licence?
Probationary licences are issued by the Registrar of Motor Vehicles in South Australia for a period of 12 months when a person applies for a driver’s licence after a disqualification that was imposed in “prescribed circumstances“.
Prescribed Circumstances
The prescribed circumstances are:
- Where the person was disqualified by a court either in South Australia or interstate;
- Expiating a second or subsequent drug driving or drink driving offence; or
- Driving unlicenced or while not authorised to drive a motor vehicle.
Probationary Licence Conditions
There are two (2) probationary licence conditions:
- To carry a licence card or digital licence at all times while driving a motor vehicle and show it to police when asked; and
- Not to drive with any alcohol or prescribed drugs in blood or saliva.
Probationary licence conditions may also apply where a person:
- Was previously convicted of a DUI or Refusing Breath Test offence; or
- Is required to satisfy the conditions of the mandatory alcohol interlock scheme.
Demerit Point Condition
If the holder of a probationary licence incurs two (2) or more demerit points, they will also face a period of disqualification unless they make a successful drivers licence appeal.
Duration of Probationary Conditions
After a successful drivers licence appeal, a driver will remain on probationary conditions for 18 months instead of 12 months.
Breach of Probationary Licence Condition
The penalty for contravening a condition of a probationary licence is a maximum fine of $1,250.00.
In addition, if the driver breaches a condition of their probationary after a successful hardship licence appeal, or incurs two (2) or more demerit points, they will be disqualified from holding a licence for 12 months.
Can I Get My Licence Back Again?
The Motor Vehicles Act 1959 (SA) does not provide any further right of appeal against a licence cancellation and disqualification under section 81BB(8).
The grant of a licence following a successful appeal against a licence cancellation and disqualification on the grounds of “severe and undue hardship” is a last-chance extension of mercy in circumstances of hardship (Registrar of Motor Vehicles v Magistrates Court of SA [2019] SASC 142).
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