MOTOR VEHICLES ACT 1959 - SECT 5
MOTOR VEHICLES ACT 1959 - SECT 5
(1) In this Act,
unless the context otherwise requires or some other meaning is clearly
intended—
"accident" means a collision or impact (whether caused accidentally or on
purpose) resulting in damage to a motor vehicle;
"accident towing direction", in relation to a motor vehicle damaged in an
accident, means a direction to tow that motor vehicle from the scene of the
accident, being a direction given to a towtruck operator by or on behalf of a
police officer in accordance with the accident towing roster scheme;
"accident towing roster scheme" means the accident towing roster scheme
provided for by the regulations;
"agriculture" includes horticulture, viticulture, dairying, bee keeping,
livestock production and other similar activity;
and "agricultural" has a corresponding meaning;
"agricultural implement" means a vehicle without its own automotive power,
built to perform agricultural tasks;
"agricultural machine" means a machine with its own automotive power, built to
perform agricultural tasks;
"alcohol interlock" means a device or system of a kind approved by the
Minister by notice in the Gazette as an alcohol interlock for the purposes of
this Act;
"alcohol interlock scheme conditions" means—
(a) the
mandatory alcohol interlock scheme conditions; or
(b) the
voluntary alcohol interlock scheme conditions;
"approved alcohol interlock provider" means a person, or a person of a class,
approved by the Minister by notice in the Gazette as a provider of
alcohol interlocks for the purposes of this Act;
"authority to tow", in relation to a damaged motor vehicle, means
authorisation in writing to remove the motor vehicle given for the purposes of
this Act by the owner or person in charge of the vehicle or an
authorised officer or police officer;
"authorised examiner" means—
(a) a
police officer appointed by the Commissioner of Police for the purpose of
conducting practical driving tests; or
(b) a
person appointed by the Registrar for the purpose of conducting
practical driving tests; or
(c) a
person appointed by some public authority, and approved by the Registrar, for
the purpose of conducting practical driving tests;
"authorised officer" means a person appointed as an authorised officer under
section 35 of the Road Traffic Act 1961 or a person of a class of
persons appointed as authorised officers under that section;
"the balance of the prescribed registration fee", in relation to a
motor vehicle registered under this Act at a reduced registration fee, means
an amount calculated by the Registrar on the basis of the difference between
the reduced fee and the prescribed registration fee, in relation to the number
of months of the registration period that remain unexpired; for the purposes
of this definition, a portion of a month will be treated as a whole month;
"caravan" means a trailer that is constructed or adapted so as to provide
sleeping accommodation for one or more persons;
"category 1 offence" means an offence against section 47B(1) of the
Road Traffic Act 1961 involving a concentration of alcohol of less than
.08 grams in 100 millilitres of blood;
"category 2 offence" means an offence against section 47B(1) or (1a) of the
Road Traffic Act 1961 involving a concentration of alcohol of less than
.15 grams, but not less than .08 grams, in 100 millilitres of blood;
"category 3 offence" means an offence against section 47B(1) or (1a) of the
Road Traffic Act 1961 involving a concentration of alcohol of .15 grams
or more in 100 millilitres of blood;
"commercial motor vehicle" means—
(a) a
motor vehicle constructed or adapted solely or mainly for the carriage of
goods (including a motor vehicle of the type commonly called a utility); and
(b) a
prime mover;
"configuration", in relation to a heavy vehicle, has the meaning assigned to
it by the regulations;
"court" means court (whether the Supreme Court or any other court) having
jurisdiction to deal with the matters in relation to which the word is used;
"CPI" means the Consumer Price Index (All Groups) for the City of Adelaide;
"CTP Regulator" or "Regulator" means the CTP Regulator established under the
Compulsory Third Party Insurance Regulation Act 2016 ;
"declared area" means—
(a) the
area of a municipal council; or
(b) a
part of the State declared by regulation to be within the area for the
purposes of this definition;
"drink driving offence" has the same meaning as in the Road Traffic
Act 1961 ;
"drug driving offence" has the same meaning as in the Road Traffic
Act 1961 ;
"foreign licence" means a licence to drive a motor vehicle issued under the
law of another country;
"garage address" of a vehicle means—
(a) in
the case of a vehicle normally kept at a depot when not in use—the
principal depot of the vehicle; or
(b) in
any other case—the address of the place of business or residence at
which the vehicle is normally kept when not in use;
"gross combination mass" or "GCM" of a motor vehicle means the greatest
possible sum of the maximum loaded mass of the motor vehicle and of any
vehicles that may lawfully be towed by it at any one time—
(a) as
specified by the motor vehicle's manufacturer; or
(b) as
specified by the Registrar if—
(i)
the manufacturer has not specified the sum of the maximum
loaded mass; or
(ii)
the manufacturer cannot be identified; or
(iii)
the vehicle has been modified to the extent that the
manufacturer's specification is no longer appropriate;
"gross vehicle mass" or "GVM" of a vehicle means the maximum loaded mass of
the vehicle—
(a) as
specified by the vehicle's manufacturer; or
(b) as
specified by the Registrar if—
(i)
the manufacturer has not specified a maximum loaded mass;
or
(ii)
the manufacturer cannot be identified; or
(iii)
the vehicle has been modified to the extent that the
manufacturer's specification is no longer appropriate;
"health professional" means a legally qualified medical practitioner, a
registered optometrist or a registered physiotherapist;
"heavy vehicle" means a motor vehicle that is a heavy vehicle for the purposes
of the Heavy Vehicle National Law (South Australia) ;
"Heavy Vehicle National Law (South Australia)" has the same meaning as in the
Heavy Vehicle National Law (South Australia) Act 2013 ;
"Heavy Vehicle National Regulations (South Australia)" has the same meaning as
in the Heavy Vehicle National Law (South Australia) Act 2013 ;
"high powered vehicle" means a motor vehicle—
(a)
belonging to a class of vehicles prescribed by the regulations as high
powered vehicles for the purposes of this Act; or
(b) of a
kind included in this definition by the Registrar by notice in the Gazette,
but does not include a motor vehicle of a kind excluded from this definition
by the Registrar by notice in the Gazette;
"insurance premium" or "premium", in relation to a motor vehicle, means the
premium appropriate to the motor vehicle for a policy of insurance under Part
4, as determined by the CTP Regulator from time to time, and includes any
money that the Registrar is required to retain under section 99A(14);
"interstate learner's permit" means a licence or permit issued under the law
of another State or Territory of the Commonwealth that corresponds to a
learner's permit issued under this Act;
"interstate licence" means a licence or permit issued under the law of another
State or Territory of the Commonwealth that corresponds to a driver's licence
issued under this Act;
"interstate non-provisional licence" means a licence of a type prescribed by
regulation for the purposes of this definition issued under the law of another
State or Territory of the Commonwealth;
"interstate provisional licence" means a licence of a type prescribed by
regulation for the purposes of this definition issued under the law of another
State or Territory of the Commonwealth;
"learner's permit" means a learner's permit issued under this Act;
"learner's permit conditions" means the conditions referred to in
section 75A(10);
"licence" means a driver's licence issued under this Act;
"LSS Fund levy" means the LSS Fund levy under Part 7 of the
Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 ;
"mandatory alcohol interlock scheme conditions" means the conditions referred
to in section 81F;
"motor bike" means a motor vehicle (not being a trailer) with two wheels, and
includes a two wheeled motor vehicle with a sidecar attached to it that is
supported by a third wheel;
"motor vehicle" means a vehicle that is built to be propelled by a motor that
forms part of the vehicle;
"nominated vehicle" for a person means a motor vehicle nominated by the person
to the Registrar in accordance with section 81F;
"non-provisional licence" means a licence issued under this Act other than a
provisional licence;
"number" means—
(a) a
figure or a combination of figures; or
(b) a
combination of letters of the alphabet; or
(c) a
combination of figures and letters of the alphabet;
"operator", in relation to a motor vehicle, means the person principally
responsible for the operation or use of the vehicle;
"oral fluid" has the same meaning as in the Road Traffic Act 1961 ;
"owner" includes a person who takes a motor vehicle on hire;
"P1 licence" means a provisional licence that is taken to be a P1 licence
in accordance with section 81A(2);
"P2 licence" means a provisional licence other than a P1 licence;
"photograph" includes an image produced from an electronic record made by a
digital or other electronic camera, and
"photographic" has a corresponding meaning;
"photographic detection device" has the same meaning as in the
Road Traffic Act 1961 ;
"practical driving test", in relation to a person applying for a licence,
means a test approved by the Registrar as a practical driving test in relation
to a class of licence to which the licence sought by the person belongs;
"premises" includes land and the fences, walls or structures on the boundaries
of land;
"prescribed conditions" means learner's permit conditions,
probationary licence conditions or provisional licence conditions;
"prescribed drink driving offence" means any drink driving offence other than
a category 1 offence;
"prescribed drug" has the same meaning as in the Road Traffic Act 1961 ;
"prescribed registration fee" means the amount of the fee payable in respect
of the registration of a motor vehicle that is fixed by, or determined in
accordance with, the regulations as the registration fee (rather than, for
example, an administration fee);
"primary producer" means a person—
(a) who
carries on as principal an agricultural business; or
(b) who
under a written sharefarming agreement works land as a sharefarmer and not as
an employee; or
(c) who
carries on as principal the business of fishing;
"prime mover" means a motor vehicle designed to tow a semi-trailer;
"probationary licence" means a driver's licence subject to
probationary licence conditions;
"probationary licence conditions" means conditions referred to in
section 81AB;
"provisional licence" means a driver's licence subject to
provisional licence conditions;
"provisional licence conditions" means the conditions referred to in
section 81A(4);
"qualified supervising driver"—see section 72A;
"quarter" means any period of three months;
"quotation for repair" means an assessment or estimate of the actual or
probable cost of repairing damage to a motor vehicle;
"reduced registration fee" means—
(a) the
fee payable for conditional registration of a motor vehicle under
section 25; or
(b) any
other fee payable by a person for registration of a motor vehicle that is less
than the prescribed registration fee in relation to the vehicle;
"registered operator", in relation to a motor vehicle, means a person recorded
on the register of motor vehicles as the operator of the vehicle;
"registered owner", in relation to a motor vehicle, means a person recorded on
the register of motor vehicles as the owner of the vehicle;
"registered premises", in relation to a towtruck operator, means the premises
registered in the name of the towtruck operator pursuant to the
accident towing roster scheme;
"the Registrar" means the Registrar of Motor Vehicles and includes any person
acting on behalf of the Registrar in accordance with this Act;
"registration" of a motor vehicle includes re-registration or
renewal of registration; and "to register" has a corresponding meaning;
"road" means an area that is open to or used by the public and is developed
for, or has as one of its main uses, the driving of motor vehicles;
"road-related area" means any of the following:
(a) an
area that divides a road; or
(b) a
footpath or nature strip adjacent to a road; or
(c) an
area that is not a road and that is open to the public and designated for use
by cyclists or animals; or
(d) an
area that is not a road and that is open to or used by the public for driving
or parking motor vehicles; or
(e) any
other area that is open to or used by the public and that has been declared by
the Minister under section 6 to be a road-related area;
"scene of an accident" means the area within a radius of 200 metres from the
point at which a vehicle involved in an accident has, as an immediate result
of the accident, come or been brought to a stationary position;
"semi-trailer" means a trailer that has—
(a) 1
axle group or a single axle (as those terms are defined in the
Road Traffic Act 1961 ) towards the rear; and
(b) a
means of attachment to a prime mover that results in some of the mass of the
trailer's load being imposed on the prime mover;
"serious drink driving offence"—see section 81E;
"stamp duty" means the duty payable under the Stamp Duties Act 1923 ;
"temporary towtruck certificate" means a temporary towtruck certificate issued
by the Registrar under Part 3C;
"tow", in relation to a motor vehicle, means tow, partially lift and tow, lift
and carry or carry a motor vehicle by means of another motor vehicle;
"towtruck" means a motor vehicle (including a trailer attached to a
motor vehicle) designed, adapted or intended to lift and carry or partially
lift and tow a motor vehicle that cannot, because of damage or malfunction, be
operated properly under its own motive power;
"towtruck certificate" means a towtruck certificate issued by the Registrar
under Part 3C;
"towtruck driver" means a person who drives, or operates the equipment of, a
towtruck;
"towtruck operator" means a person who carries on the business of towing
motor vehicles or a business that includes towing motor vehicles;
"trailer" means a vehicle that is built to be towed, or is towed, by a
motor vehicle, but does not include a motor vehicle that is being towed;
"Tribunal" means the South Australian Civil and Administrative Tribunal
established under the South Australian Civil and Administrative Tribunal
Act 2013 ;
"unconditional licence" means—
(a) a
licence issued under this Act not subject to alcohol interlock
scheme conditions or prescribed conditions; or
(b) a
licence of a type prescribed by regulation for the purposes of this definition
issued under the law of another State or Territory of the Commonwealth;
"vehicle" does not include a vehicle operated on a railway or tramway or a
mobile machine controlled and guided by a person walking;
"wharf" includes—
(a) any
wharf, quay, jetty, pier, landing place, stage, platform, slip, basin, siding,
dock, or other place at which goods can be landed, loaded or unloaded, whether
situated on or near the shore of the sea or of any of its arms or inlets, or
on or near the shore of any inland river or other inland water; and
(b) all
railways and tramways on the wharf and the approaches to them; and
(c) a
wharf only partly constructed as well as a completed wharf.
(1a) In this Act, a
reference to a Commonwealth Act includes a reference to—
(a) that
Commonwealth Act as amended and in force for the time being; and
(b) an
Act enacted in substitution for that Act.
(2) For the purposes
of this Act, a person who is driving a motor vehicle that tows another
motor vehicle will be taken to be driving both motor vehicles.
(2a) A reference in
this Act to drivers or the driving of vehicles includes a reference to riders
or the riding of vehicles unless it is otherwise expressly stated.
(2b) A reference in
this Act to a road includes a reference to a road-related area unless it is
otherwise expressly stated.
(3) A reference in
this Act to a motor vehicle includes a reference to a trailer unless it is
otherwise expressly stated.
(3a) The Governor may,
by proclamation—
(a)
declare that a motor vehicle of a certain design or with certain
characteristics is to be regarded for the purposes of this Act as a motor
vehicle of a specified class; and
(b)
revoke or vary any proclamation under this subsection.
(3b) The Minister may,
by notice in the Gazette, approve or revoke the approval of—
(a) a
device or system as an alcohol interlock for the purposes of this Act; or
(b) a
person, or a person of a class, as a provider of alcohol interlocks for the
purposes of this Act.
(4) Subject to section
22A of the Acts Interpretation Act 1915 , this Act applies in relation
to motor vehicles engaged in trade, commerce and intercourse between the
States.
(5) Subject to
subsection (6), a licence, permit, exemption or other authorisation or
document issued under this Act may be issued—
(a) in
the form of a physical document or item; or
(b) in
electronic form; or
(c) in
both the form of a physical document or item and in electronic form.
(6) Part 3 of the
Electronic Communications Act 2000 applies in relation to the issue of a
licence, permit, exemption or other authorisation or document under this Act
in electronic form (and a licence, permit, exemption or other authorisation or
document under this Act will only be issued in electronic form if the
requirements of section 18 of that Act are satisfied).
(6a) The regulations
may provide that specified provisions of this Act apply with modifications
prescribed by the regulations to a licence, permit, exemption or other
authorisation or document issued under this Act—
(a) in
electronic form; or
(b) in
the form of a physical document or item where the licence, permit, exemption
or other authorisation or document has also been issued in electronic form.
(7) In this Act, if a
monetary amount is followed by the word "(indexed)", the amount is to be
adjusted on 1 January of each year, beginning in 2006, by multiplying the
stated amount by a multiplier obtained by dividing the CPI for the quarter
ending 30 June in the previous year by the CPI for the quarter ending 30 June
2004.
(8) For the purposes
of this Act (other than section 81A), in determining the period for which
a person has held a licence, learner's permit, foreign licence,
interstate licence or interstate learner's permit, any period during which the
person's licence or permit has been suspended under this Act or another law of
this State is not to be taken into account (unless the suspension came into
operation before the commencement of this subsection).