What it does
The Motor Vehicles Act 1959 (SA) (the Act) establishes a comprehensive regulatory framework for motor vehicles and drivers in South Australia. At its core, it mandates the registration of motor vehicles (Part 2), the licensing of drivers (Part 3), and compulsory third-party insurance against death or bodily injury (Part 4). Registration under s 9 requires vehicles to be entered on the register maintained by the Registrar of Motor Vehicles (s 8), with applications detailing owner, operator, garage address, and configuration for heavy vehicles (s 20). The Registrar must grant registration upon payment of fees and satisfaction of safety and ownership checks (s 24), but may refuse for unfit vehicles (s 23), stolen parts (s 24(3)(c)), or inaccurate information (s 24(3)(a)).
Licensing provisions (Part 3) classify licences (s 72) and impose graduated systems: learner's permits (s 75A) require supervision by a qualified supervising driver (s 72A) and prohibit alcohol or drugs (s 75A(10)(a)). Provisional licences (s 81A) apply to new drivers under 20 or those with recent disqualifications, with P1 and P2 stages (s 81A(2)-(3)) restricting high-powered vehicles (s 81A(13)) and peer passengers (s 81A(18)). Probationary licences follow certain disqualifications (s 81AB), often with alcohol interlock conditions (ss 81E-81H). Demerit points (Part 3B) accumulate for offences, leading to disqualification at 12 points in 3 years (s 98BC).
Insurance (Part 4) requires premiums on registration (s 99A), with policies indemnifying owners, drivers, and passengers for third-party liability (s 104). The CTP Regulator determines premiums (s 99A(2)), and the nominal defendant covers uninsured or unidentified vehicles (ss 115-116). Part 3C regulates tow trucks in declared areas, requiring certificates (s 98D), compliance with accident towing directions (s 98MD), and storage rules (s 98MF). Disability parking permits (Part 3D) provide concessions, with misuse offences (s 98U). Part 4A authorises trials of automotive technologies, with exemptions (s 134E) and insurance mandates (s 134H).