These offences (and the defences available) reinforce that it is the owner's responsibility to ensure vehicles are registered and insured.

Unregistered vehicles

Under s 9 of the Motor Vehicles Act 1959 (SA), it is an offence to:

Due to the broad definition of a road, which includes any place the public has access to that has been developed for driving motor vehicles [s 5], many people unknowingly commit an offence. For example, riding an unregistered off-road motorcycle on a reserve may be an offence.

The maximum penalty for breaching s 9 is a fine of $7,500.

Several defences are available, such as where the driver is not the registered owner and did not know and could not reasonably be expected to have known that the vehicle was unregistered [s 9(1c)]. It is also a defence if the owner did not drive or leave the vehicle standing on the road and took reasonable steps to ensure that any person lawfully entitled to use the vehicle would have been aware that it was unregistered [see s 9(4a)].

Uninsured vehicles

Under s 102 of the Motor Vehicles Act 1959 (SA), it is an offence to:

An uninsured motor vehicle is a vehicle that is not covered by compulsory third party insurance. This insurance automatically applies with the registration of a vehicle and continues until 30 days after the registration expires [s 99A].

The maximum penalty for breaching s 102 is a fine of $10,000.

Several defences are available, similar to those available in relation to a charge of driving unregistered discussed above [see s 102].

Power-assisted bicycles

Power-assisted pedal cycles under the Road Vehicle Standards (Classes of Vehicles that are not Road Vehicles) Determination 2021 (Cth) are legally considered bicycles in South Australia and can be ridden on roads and paths without registration [see Cycling].

Petrol powered bikes (also referred to as petrol-assisted) cannot be lawfully driven on roads in South Australia. They cannot be registered or insured, which means that driving them on South Australian roads can result in charges of driving an unregistered and uninsured vehicle.

Exemptions

A motor vehicle may be driven without registration or insurance under section 12B of the Motor Vehicles Act 1959 (SA) if being driven for the purpose of extinguishing or controlling a fire that is a risk to persons, animals or property, but only if public liability insurance is held indemnifying the owner and any authorised driver for death or injury caused by the use of the vehicle on roads. The amount of public liability insurance must be at least $5 million.

Detection by speed and traffic cameras

Speed and red light cameras can be used to detect unregistered and uninsured vehicles.

Where an expiation notice is issued as a result of detection by a speed or red light camera, any subsequent offences committed within 7 days of the commission of the offence are not treated as a separate offence [Motor Vehicles Act 1959 (SA) Sch 1 s 2(1)]. This recognises that there will be a lapse of time between the commission of the offence and the driver being notified of it. However, where a driver is charged with an offence of drive unregistered or drive uninsured by expiation notice, any subsequent offences committed after this are counted as separate offences [see Sch 1 s 2(2)].