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.
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)]:
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:
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:
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)].
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:
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).