Traffic Lawyers

Provisional Licence Disqualifications

If you are disqualified while on your provisional licence you will receive a notice of disqualification from the Department of Planning Transport and Infrastructure.

Safer Driver Agreement

If you are eligible to enter into a safer driver agreement it will say so on your notice.  If you agree to the safer driver agreement you must notify the Registrar of Motor Vehicles within 21 days of the date of the issue of the notice of disqualification at a post office, or within 28 days at a Service SA.  The safer driver agreement allows you to continue driving, however if you become disqualified again the disqualification increases to twelve months with no right of appeal.

Appeal to Court

If you are not eligible for a safer driver agreement you may be eligible to appeal the disqualification pursuant to the Motor Vehicles Act s 81BB.  On your notice of disqualification it will tell you if you are eligible to appeal.

To appeal your disqualification you need to lodge the relevant appeal paperwork and a filing fee with your local Magistrates Court.  You will be given a court date when you appeal will be heard.  Once you lodge your appeal paperwork, your disqualification is put on hold and you can drive until your court date.

The court must be satisfied of two things:

  1. That you or a dependent would suffer from “severe and unusual hardship” if your licence was disqualified.
  2. That there is no evidence the applicant is a substantial risk to the applicant or to other members of the public.

To establish “severe and unusual hardship” you need to give evidence on oath or affirmation.  You need to demonstrate that your loss of licence cannot be managed by other means.  For example; you would lose your job if you lost your licence or there is no public transport available for you to attend work and or study.

The Court also looks at your driving history and any other traffic offences you may have committed in the past to assess whether you are a substantial risk on the roads.

If you are successful in your appeal then you must attend at a Service SA, with the paperwork the Court gives you and pay for you licence to be reissued.  You can drive for a total of 2 business days after a successful appeal before your licence will be cancelled. You are required to apply for your licence to be reissued within 14 days of the appeal. If you fail to do so your disqualification will be reinstated.

Once you have been successful in your appeal, you cannot appeal again or enter into a safer driver agreement, for another five years.

If you receive a notice of disqualification while on your provisional licence contact us to discuss your options.

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