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Probationary licence

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.
Time Held

A period of 12 months or, if the court orders, for a longer period [Motor Vehicles Act 1959 (SA) s 81AB(3)].

In determining the period for which conditions have been imposed pursuant to section 81AB, any periods of suspension are not to be taken into account provided that the suspension was made under South Australian law and commenced prior to 1 September 2022 [Motor Vehicles Act 1959 s 81AB(8)].

Conditions
  • driver must carry licence at all times while driving a motor vehicle [s 81AB(1)(c)];
  • 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)(d)].

* Prescribed concentration of alcohol in this context means any concentration of alcohol in the blood.

Exceeding Prescribed Number of Demerit Points

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).

Breaches of Probationary Licence Conditions

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 Expiable Offences, Codes and Fees (PD320A) on the SAPOL website (link opens new window) (as at 1 July 2022)

Appeals - Breach of Conditions

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.

Breach of Conditions following a successful Appeal

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.

Probationary licence  :  Last Revised: Wed Nov 1st 2017
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.