A Provisional (P2) licence can be applied for if a P1 licence has been held for at least 12 months.
A P2 licence must be held for 2 years [Motor Vehicles Act 1959 (SA) s 81A(5)].
In determining the period for which a person has held a licence, or whether the qualifying period has been completed, any periods of suspension are not to be taken into account provided that the suspension was made under South Australian law and commenced prior to 1 September 2022 [Motor Vehicles Act 1959 s 81A(22)].
Persons on their P2 licence:
Drivers on a P2 licence under the age of 25 must not drive a high powered vehicle (unless they have applied for and been granted an exemption by the Registrar of Motor Vehicles) [Motor Vehicles Act 1959 (SA) s 81A(13), (14)]. The maximum penalty is a fine of $1,250.
Where a driver breaches their P2 conditions (including where the driver has accumulated 4 or more demerit points), certain consequences will follow:
For the current penalties, see Expiable Offences and Fees (PD320A) on the SAPOL website
Under section 81BA of the Motor Vehicles Act 1959 (SA) a P2 licence holder may enter into a Safer Driver Agreement in lieu of a disqualification but only under certain conditions. See Safer Driver Agreements.
A P2 licence holder who is facing disqualifcation for breach of conditions can appeal the disqualification but only on the grounds that their loss of licence will result in severe and unusual hardship to either themselves or their dependants, and provided they have not successfully appealed in the preceding 5 years. If successful, no further appeals can be made for 5 years.
Where a driver is eligible to enter into a Safer Driver Agreement they cannot lodge an appeal.
The effect of a successful appeal for a P2 licence holder will be:
See also Appealing disqualification for breach of conditions.
Where a driver has successfully appealed a disqualification for breach of conditions and subsequently breaches a prescribed condition or exceeds a total of 4 demerit points, they will be disqualified from holding a licence for a period of 12 months and have their licence cancelled.
No further appeals can be made for a period of 5 years from the date of the last successful appeal.
Where a P2 driver chooses not to appeal or is unsuccessful in an appeal against breach of conditions they will be eligible to reapply for a P2 licence on completing their disqualification [Motor Vehicles Act 1959 (SA) s 81B(1)].
To be eligible for an unconditional licence (also referred to as a non-provisional licence), a driver must:
[See Motor Vehicles Act 1959 (SA) s 81A(5)]
A licence will be issued or renewed for a term which will not exceed 10 years. The registrar may renew a licence so long as an application for its renewal is made within 5 years of the expiry date of the licence.
If the driver has their full licence disqualified, it will be cancelled and they will be issued with a Probationary Licence once they reapply for a re-issue of their licence. They will also have to pay a fee when applying for the re-issue of their licence.
For more information see the My Licence SA - P2 Provisional Licence website.
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