MOTOR VEHICLES ACT 1959 - SECT 16
MOTOR VEHICLES ACT 1959 - SECT 16
16—Permits to drive vehicles without registration
(a)
the Registrar is unable to determine an application for registration of a
motor vehicle without delay; or
(b)
the Registrar determines that an application for registration of a
motor vehicle should be granted but is unable to effect registration without
delay; or
(c) the
owner of a motor vehicle—
(i)
applies for a permit after the Registrar declines an
application for registration of the vehicle; or
(ii)
applies for a permit authorising the vehicle to be driven
on roads without registration in prescribed circumstances or in circumstances
in which it is, in the opinion of the Registrar, unreasonable or inexpedient
to require the vehicle to be registered,
and pays the prescribed fee and the appropriate insurance premium,
the Registrar may issue to the owner of the vehicle a permit, subject to such
terms and conditions as the Registrar thinks fit to impose, authorising the
vehicle to be driven on roads without registration during the period specified
in the permit.
(2) If the owner of a
motor vehicle not previously registered in the owner's name, or a person
acting on the owner's behalf, satisfies a police officer stationed at a police
station situated outside a radius of 40 kilometres from the former
General Post Office at Adelaide that—
(a) an
application for the registration of the vehicle, to commence as from a day not
later than the issue of a permit under this subsection, has been made; and
(b) the
prescribed fee payable in respect of the registration of the vehicle has been
paid; and
(c) the
appropriate insurance premium has been paid; and
(d) the
stamp duty (if any) payable on the application has been paid,
the police officer may issue without fee to the owner of the vehicle a permit
authorising the vehicle to be driven on roads without registration during
the prescribed period.
(3) A permit under
this section will be in a form determined by the Minister.
(4) Where a permit has
been issued under this section, the motor vehicle to which the permit relates
will, while the permit remains in force, be taken to be duly registered under
this Act.
(5) A
policy of insurance under Part 4 is, subject to this Act, in force in respect
of a motor vehicle for which a permit has been issued under this section from
the time of the granting of the permit until—
(a)
where an application for registration of the vehicle made before the issue of
the permit is subsequently granted—the expiration of the period for
which the registration was applied for, and a further period of grace in
accordance with that Part; or
(b) in
any other case—the expiration of the period for which the permit remains
in force.
(6) Where an
application for registration made before the issue of the permit is
subsequently granted, the registration will be taken to have commenced from
the time of issue of the permit.
(7) A permit issued
under this section will cease to have any force or effect—
(a) in
the case of a permit issued under subsection (1)—
(i)
when information becomes publicly available (in a manner
prescribed by regulation) that the motor vehicle has been registered; or
(ii)
when the period specified in the permit expires,
whichever occurs first;
(b) in
the case of a permit issued under subsection (2)—
(i)
when information becomes publicly available (in a manner
prescribed by regulation) that the motor vehicle has been registered; or
(ii)
on the expiration of the prescribed period,
whichever occurs first.
(8) A permit under
this section must, throughout the period for which it remains in force, be
carried, in accordance with the regulations, in the vehicle to which it
relates.
(9) A person must not
drive on a road a motor vehicle in respect of which a permit under this
section is in force unless the permit is carried in the vehicle in accordance
with the regulations.
Maximum penalty: $750.
(10) If a condition of
a permit under subsection (1) is contravened the Registrar may, by notice
given to the holder of the permit in a manner and form determined by the
Minister, revoke the permit.
(11) A person who
contravenes a condition of a permit under subsection (1) is guilty of an
offence.
Maximum penalty: $750.
(12) If the Registrar
is satisfied that a permit under subsection (1) has been lost or
destroyed, the Registrar may, on payment of the prescribed fee, issue a
duplicate permit.
(13) If a police
officer stationed at a police station situated outside a radius of 40
kilometres from the former General Post Office at Adelaide is satisfied that a
permit under subsection (2) has been lost or destroyed, the police
officer may, on payment of the prescribed fee, issue a duplicate permit.
(14) Where
the Registrar or a police officer has, pending the determination of an
application for registration of a motor vehicle, issued a permit under this
section and the Registrar is subsequently unable to grant registration to the
applicant, the Registrar may, by notice given to the applicant in a manner and
form determined by the Minister, refuse the application for registration and
refund such part of any fee and insurance premium paid as the Registrar thinks
appropriate.
(15) In this
section—
"the prescribed period" means a period determined by the Registrar after
consulting the Commissioner of Police.