Instant or immediate loss of licence

Instant or immediate loss of licence

Offences attracting immediate loss of licence

Police have the power to impose immediate licence disqualification or suspension for drink driving offences [Road Traffic Act 1961 (SA) s 47IAA]. They require only a reasonable belief that a person has committed an offence in one of the following categories:

category 2 (0.08-0.149) offence
category 3 (0.15 or over) offence
reckless and dangerous driving [s 46]
drug driving [s 47BA(1) or (1a)]
refusal to submit to drug test [s 47EAA(9)]
refusal to submit to drug test when a child aged under 16 years was present in vehicle [s 47EAA(9a)]
refusal to submit to an alcotest or breath analysis [s 47E(3)]
refusal to submit to an alcotest or breath analysis when a child aged under 16 years was present in vehicle [s 47E(3a)]
refusal to comply with a compulsory blood test [s 47I(14)], or
refusal to comply with a compulsory blood test when a child aged under 16 years was present in vehicle [s 47I(7)].

When does the immediate disqualification commence?

Suspension or disqualification for offences in the above categories commences from the time the notice is issued by police (i.e. at the time the offence was committed) unless the police officer forms the view that it would be appropriate to postpone the commencement for 48 hours (or 28 days for section 47BA(1) or (1a) offence) [s 47IAA(12)(a)].

A summons to attend court at a later date would be issued.

When proceedings for the offence are determined by a court, if the Magistrates Court finds a person guilty of the offence (‘a conviction’) the suspension/disqualification continues until the sentenced period has been served. When ordering the disqualification/suspension period the Magistrate is able to backdate the commencement of the suspension/disqualification to the date that the instant loss of licence notice was issued by police [s 47IAA(9)].

An instant loss of licence will have an end date, however this may be extended (or reduced) when the offence is determined by the court [s 47IAA(12)].

Can they be enforced nationwide?

A nationwide agreement exists to enforce these suspensions so they are effective in all states. For example, if a driver with a NSW licence is charged with a category 3 drink driving offence whilst driving in South Australia (e.g. exceed Prescribed Concentration Alcohol - 0.15), their resulting suspension will apply within South Australia and any other state immediately.

Conditions for appeal

A person can apply to have a disqualification or suspension lifted or to have the period of disqualification or suspension reduced [s 47IAB, Uniform Special Statutory Rules 2022 (SA) Chapter 6 Part 3 Division 1]. Applications must be in writing in the form prescribed and are made to the Magistrates Court. Once an application to have the disqualification or suspension lifted or reduced is filed with the Court, the matter will be heard before a Magistrate immediately through a Directions Hearing.

The Magistrates Court may make the following orders under the conditions specified:

where there is a reasonable prospect that the applicant would, in proceedings for the offence, be acquitted of the offence and the evidence before the Court does not suggest that the applicant may be guilty of another offence under section 47IAA or an offence against section 45A— an order that the person is not disqualified or suspended
if the offence to which the notice relates is a category 2 or category 3 offence and it is a first offence and the Court is satisfied, on the basis of evidence given by or on behalf of the applicant, that there is a reasonable prospect that the applicant might, in proceedings for the offence, successfully argue that the offence was trifling — an order that the period of disqualification or suspension be reduced to a period of 1 month
if the offence to which the notice relates is a category 3 offence and the Court is satisfied, on the basis of evidence given by or on behalf of the applicant, that there is a reasonable prospect that the applicant would, in proceedings for the offence, be acquitted of the offence but the evidence before the Court suggests that the applicant may be guilty of a category 2 offence — an order that the period be reduced to 6 months.

See also Extreme speed and Excessive speed.

Instant or immediate loss of licence : Last Revised: Thu Feb 9th 2023
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.

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