WHEN IS A PROBATIONARY LICENCE ISSUED?
Probationary licences are granted whenever a person applies for the issue of a driver’s licence following a period of disqualification which resulted in the cancellation of their licence.
A probationary licence will be issued as a result of the following disqualifications:
- drink driving offences [Motor Vehicles Act 1959 (SA) s 81C]
- by order of a Court (whether in SA or any other State or Territory of the Commonwealth)
- breach of probationary licence conditions.
A period of 12 months or, if the court orders, for a longer period [Motor Vehicles Act 1959 (SA) s 81AB(3)].
- driver must carry licence at all times while driving a motor vehicle [s 81AB(1)(a)];
- must not drive a motor vehicle or attempt to put a motor vehicle in motion on a road while the prescribed concentration of alcohol* is present in his/her blood, or a prescribed (i.e. illicit) drug is present in his/her oral fluid or blood [s 81AB(1)(b)].
* prescribed concentration of alcohol in this context means any concentration of alcohol in the blood.
Where a person breaches the probationary licence conditions they commit an offence [Motor Vehicles Act 1959 (SA) s 81AB(5)] and also face the following penalties:
- Disqualification for a period of 6 months [s 81B(1)(d)]; and
- Cancellation of licence [s 81B(1)(e)].
For the maximum penalty (fine or expiation fees) for a breach of probationary licence conditions see the penalty summary.
Where a person holds a probationary licence and incurs two or more demerit points while holding that licence, they will face the same consequence as if they had breached a condition of their probationary licence:
- disqualification for a period of 6 months; and
- cancellation of the licence.
See section 81B(1)(c)(ii) Motor Vehicles Act 1959 (SA).
Where a driver on a probationary licence breaches conditions and successfully appeals he/she will be on probationary conditions for a period of 18 months rather than 12 months [Motor Vehicles Act 1959 (SA) s 81BB(7)(g)].
The specific steps that apply following a successful appeal for a probationary licence are:
- the existing licence is cancelled and the licence holder is entitled to a refund (on application to the Registrar) as if they were surrendering the licence [s 81BB(7)(a)];
- the disqualification is removed and the person is entitled to apply for the licence afresh [s 81BB(7)(b)];
- the provisions under section 81AB apply when the person is making the application for the licence as if, despite the removal of the disqualification, they had been disqualified as a consequence of the offence or breach and were making an application at the end of the disqualification period [s 81BB(7)(c)];
- when the licence is issued probationary conditions are imposed for a period of 18 months [s 81BB(7)(g)].
See also Appealing disqualification for breach of conditions.
Where a driver has successfully appealed a disqualification for breach of conditions and subsequently breaches a prescribed condition or exceeds a total of 2 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.
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.
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