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MOTOR VEHICLES ACT 1959 - SECT 16

MOTOR VEHICLES ACT 1959 - SECT 16

16—Permits to drive vehicles without registration

        (1)         Where—

            (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.