When is a probationary licence issued?
Probationary licences are granted whenever a person applies for the issue of a driver’s licence following a period of disqualification which resulted in the cancellation of their licence.
A probationary licence will be issued as a result of the following disqualifications:
A period of 12 months or, if the court orders, for a longer period [Motor Vehicles Act 1959 (SA) s 81AB(3)].
In determining the period for which conditions have been imposed pursuant to section 81AB, 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 81AB(8)].
* Prescribed concentration of alcohol in this context means any concentration of alcohol in the blood.
Exceeding Prescribed Number of Demerit Points
Where a person holds a probationary licence and incurs two or more demerit points while holding that licence, they will face the same consequence as if they had breached a condition of their probationary licence:
See section 81B(1)(c)(ii) Motor Vehicles Act 1959 (SA).
It is an offence to breach probationary licence conditions [Motor Vehicles Act 1959 (SA) s 81AB(5)], with the following penalties:
For the current penalties for a breach of probationary licence conditions, see Expiable Offences and Fees (PD320A) on the SAPOL website.
Where a driver on a probationary licence breaches conditions and successfully appeals, they will be on probationary conditions for a period of 18 months rather than 12 months [Motor Vehicles Act 1959 (SA) s 81BB(7)(g)].
The specific steps that apply following a successful appeal for a probationary licence are:
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 2 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.
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