I’m on my P plates and I’ve received a drivers licence disqualification – what are my options?

Many people don’t realise that the Registrar of Motor Vehicles must disqualify a probationary or provisional licence holder from holding or obtaining a permit or licence for a period of 6 months upon receiving notice of certain events, pursuant to s81B of the South Australian Motor Vehicles Act 1969 (Act).  Those events include:

1. If the licence holder has contravened a condition of their probationary or provisional licence.
2. If a licence holder has incurred demerit points and: –

• The total number of demerit points recorded against the licence holder equals or exceeds 4 (in respect of offences committed while holding a provisional licence); or
• The total number of demerit points recorded against the licence holder equals or exceeds 2 (in respect of offences committed while holding a probationary licence).

A 6-month licence disqualification can cause devastating consequences for a licence holder and/or their dependents – both personally and professionally.  The Act recognises this and, if a person’s circumstances allow, there are options to reduce those consequences.

If someone receives a s81B licence disqualification due to contravening a condition of their provisional licence, or for demerit points incurred for an offence committed whilst holding a provisional licence which is not a “serious disqualification offence”, that person can enter into a Safer Driver Agreement instead of the disqualification, pursuant to s81BA of the Act.  However, if a person who chooses to enter into a Safer Driver agreement then contravenes a condition of their licence, or again incurs demerit points which equal or exceed 4, that person will be disqualified for 12 months without any further appeal rights.

A “serious disqualification offence” is defined by s81BA(6) of the Act and includes, amongst others, offences against the Criminal Law Consolidation Act and offences which attract 4 or more demerit points.

A Safer Driver Agreement is not always an option. A person’s driving history is taken into account when considering what options might be available.

For example, a person cannot choose to enter into a Safer Driver Agreement if they have entered into a Safer Driver Agreement instead of being disqualified in the five years immediately prior.

There is also the option, in some circumstances, for the holder of a provisional or probationary licence to appeal to the Magistrates Court against a s81B disqualification.  That person cannot appeal against the disqualification if they are, or were, entitled to choose a Safer Driver Agreement instead of disqualification.  Again, not everybody is entitled to appeal to the Magistrates Court against a s81B disqualification.  For example, a person cannot appeal to the Magistrates Court against a s81B disqualification if the same sort of appeal has been allowed in the five years prior.

For those who are entitled to appeal, they must satisfy the Court, by evidence given on oath, that the disqualification would result in severe and unusual hardship to them or a dependent.  The appellant must also include evidence about the forms of transport that would be available if the appeal were not allowed, and why those forms of transport would not be sufficient.

The Court must also be satisfied that any evidence given does not indicate that the appellant presents a substantial risk to themselves or to other members of the public if the appeal is allowed.

Get in touch

If you are a probationary or provisional licence holder who has received a s81B disqualification notice, we encourage you to contact our office to receive expert advice in relation to your circumstances.

Our criminal and traffic law team can assist you with all kinds of driving and traffic offences, including drink driving, drug driving, speeding fines, dangerous driving, driving without care or any other sort of traffic law infringement.

Although this blog specifically related to South Australian legislation, we can advise you on traffic offences whether you are in SA, WA, QLD, the ACT or the NT!

Find out more here – https://tgb.com.au/services/criminal-law/driving-offences/ and get in touch with us today – https://tgb.com.au/enquire/criminal-law-enquiry-form/