Road Rules Advice

Road Rules FAQs

Traffic and parking

I have received a speeding fine but don’t believe I was speeding – how can I challenge it?
 

(a) The first step is to contact The Manager of the Expiation Notice Branch for a review of the notice, providing your side of the story in writing. 

(b) If the review is not successful, the decision has to be made as to whether you pay the fine or elect to be prosecuted. We recommend you seek advice from our Motoring Road Rules Consultant before making that decision.

I have received a speeding fine, but I wasn’t the driver at the time – what can I do?
 

(a) The Infringement Notice alleges that you were the owner of the vehicle detected speeding. This means you can legally pay the fine, however you will also receive any demerit points applicable to the offence.

(b) If you do not want to pay the fine, you will have received a blank Statutory Declaration with your fine and you can use that to nominate who was driving the vehicle at the time.  The driver’s full name and address are required and the Declaration must be signed by a Justice of the Peace. It should be returned to the Expiation Notice Branch prior to the due date on the original notice.

I received a red light infringement, but I was completing a right turn – what should I do?
 

(a) Obtain a copy of the photograph through the South Australia Police website or by calling the Expiation Notice Branch and requesting that they post you a copy. There is no charge attached to requesting a copy of the photo.

(b) Once you have the photo, call our Motoring Road Rules Consultant to discuss the data on the photo and the possibility of challenging the fine.

I parked in a private carpark, didn’t see the signs that indicated time limits applied, so didn’t purchase a ticket. I received a fine – what can I do?
 

What you have received is a Notice of Claim, not a fine. It is alleging that you have breached a contract with the operator of the carpark. The notice will likely have two amounts on it, with the lower amount available if it is paid within a certain time frame (usually 14 days). In most cases, it would be wise to pay the lower amount inside the required time frame. If you have questions about a Notice of Claim, call our Motoring Road Rules Consultant.

I parked on the street but didn’t realise it was a part time bus lane/bike lane/no stopping area – do I have any recourse?
 

(a) It will depend on why you did not realise that you were in a restricted area. If there was appropriate signage in place and you simply did not see the signs, you will probably need to pay the fine.

(b) If you have concerns about why you did not see any signage at the time of parking, you can apply in writing to the issuing Council for a review of the fine. Check the infringement notice carefully before making the application, because some councils charge a fee for an unsuccessful review. If fees are involved, we advise contacting our Motoring Road Rules Consultant to discuss whether your case is strong enough to take the risk.

I parked in a disabled parking zone to drop off a relative/friend who has a disabled parking permit. I forgot to display the permit and got a ticket – any suggestions?
 

The law is quite clear that a driver can only stop/park in a disabled parking zone if a current disabled parking permit is clearly displayed in the correct manner. However, you could apply to the issuing Council for a review of the fine, including a copy of the current parking permit. Check the infringement notice carefully before making the application, because some councils charge a fee for an unsuccessful review. If fees are involved, we advise contacting our Motoring Road Rules Consultant to discuss whether or not your case is strong enough to take the risk.

I overlooked registering my car and was caught on the same camera multiple times – what can I do?
 

(a) The first thing to do is check the dates on the infringement notices. The law clearly states that after the first photo of an unregistered vehicle is taken, any other photos taken within the next 7 days cannot result in any further fines. If you do receive fines within that 7 day period, they will automatically be withdrawn by the Expiation Notice Branch upon request.

(b) If you receive multiple fines beyond the 7 day period, it would be wise to discuss your options with our Motoring Road Rules Consultant.

What is the difference between alleged and detected speed?
 

(a) The words ‘alleged speed’ are usually used on a summons for a court appearance in relation to an offence. ‘Allege’ is something that is declared without proof and the purpose of the court process is to prove the allegation.

(b) The ‘detected speed’ is the speed recorded by an approved speed detection instrument.

Am I required to carry my licence while driving?
 

(a) If you hold a driver’s licence, you do not have to carry your licence while driving. However, a police officer may require you to produce that licence at a nominated police station within 48 hours.

(b) However, if you hold a learner’s permit, a provisional licence or a probationary licence, you must carry your licence at all times while driving. Holders of heavy vehicle licences must also carry their licence with them when driving a heavy vehicle.

(c) Others required to carry their licence with them while driving are visiting motorists, (interstate or overseas), taxi drivers, drivers carrying passengers, and drivers carrying dangerous goods. Remember, this applies to you. If you are driving interstate, you must carry your licence at all times.

Crashes

I have been involved in a crash, what should I do?
 

(a) Drivers are required to stop immediately and provide all possible assistance to anyone who is injured. Drivers should also do whatever they can to avoid any further crashes at the scene. Drivers are required to exchange their full particulars at the scene, including the full particulars of the owner of the vehicle. Full particulars are (i) the driver’s full name and address, (ii) the full name and address of the owner of the vehicle – if the driver is not the owner, (iii) the vehicle’s registration number and (iv) any other information necessary to identify the vehicle. A person’s first name and mobile phone number are not classified as “full particulars” and will make follow up action extremely difficult.

(b) If anyone is injured or killed in the crash, the driver must present himself or herself to a police officer at the scene or a police station to provide particulars of the crash and submit to testing for alcohol and drugs.

(c) If no injuries occurred in the crash, the matter needs to be reported to the police as soon as is practicable but not later than 24 hours if there is more than $3000 damage, the parties have not exchanged particulars, or any vehicle has had to be towed from the scene.

Medical conditions and disabilities

I have been diagnosed with a serious medical condition/illness. How can I keep my licence?
 

(a) Health professionals are required to notify the Registrar of Motor Vehicles if they have reasonable cause to believe that a person who holds a driver’s licence or learner’s permit is suffering from a physical or mental illness, disability or deficiency that would likely endanger the public if the person drove a motor vehicle.

(b) The Motor Vehicles Act also requires individual licence holders to notify the Registrar in writing if they suffer any illness or injury that may impair their ability to safely drive a motor vehicle.

(c) The Registrar has the power to require any licence holder to undertake any level of testing required to prove their fitness to drive. That can include further medical testing and/or a practical driving test.

(d) The Registrar has the power to place conditions on a person’s driver’s licence including time and distance restrictions or, in the worst case scenario, cancel the person’s licence.

(e) There are legal avenues to challenge a decision made by the Registrar and members should seek advice from our Motoring Road Rules Consultant in relation to the appropriateness of those avenues.

My licence has been cancelled on medical grounds – what are my options?
 

(a) Ascertain in writing the reasons why the Registrar has cancelled the licence.

(b) Speak to our Motoring Road Rules Consultant to determine whether or not you should communicate further with the Registrar about having the licence reinstated.

(c) Consider the provision of an official Review of the Registrar’s decision – again it would be wise to discuss this option with our Motoring Road Rules Consultant.

What can I do if I believe an elderly person is driving in an unsafe manner?
 

(a) If you believe there is a risk of injury to either the person or others, you can report the person to the police.

(b) You can also advise the Registrar of Motor Vehicles about your concerns and the Registrar can, based on your report, require the individual to prove their fitness to drive. The Registrar will only accept written reports of those concerns.

L-plate and P-plate drivers

Do my P-plate restrictions apply if I drive outside of SA?
 

Your provisional licence restrictions apply wherever you drive.

Can I tow a trailer, caravan or boat on my Ls or Ps?
 

(a) Yes. A person with a learner’s permit or provisional licence can tow the same vehicles as a person with a class C licence. The L-plates or P-plates must still be visible from the front and the rear, so it will probably be necessary to attach a plate to the rear of whatever you are towing.

(b) Some states do not allow learners or provisional drivers to tow, so you should check with the relevant authority before towing interstate.

Car purchases

I purchased a car and the dealer got me to waive the cooling off rights, but now I don’t want the car – what can I do?
 

If you believe the dealer had you sign the cooling off waiver deceitfully, you should consult the Office of Consumer and Business Services, because the dealer may have breached the Second Hand Vehicle Dealer’s Act.

I purchased a new car and always had it serviced by the same dealer, but it’s just out of warranty and has developed a major fault – do I have any recourse?
 

(a) The fault with your vehicle should be discussed with the RAA Technical Advisory Service on 8202 4689, initially to seek their advice.

(b) The Office of Consumer and Business Services should also be contacted because there may be a case for consumer action on the basis that the vehicle should last for a longer period of time than the warranty provided. This is often referred to as “not fit for purpose”.

Driving interstate

I was towing a caravan interstate and got picked up for speeding – but I didn’t know the speed limit for towing in WA is different to SA. Do I have any recourse?
 

Western Australia and Tasmania have a 100 km/h speed limit for towing on 110 km/h roads. If you receive an Infringement Notice for speeding while towing in those States, apply in writing for a review of the notice on the basis that you were an interstate visitor and unaware of the speed restriction.

I was driving interstate but didn’t know I was on a toll road and received a fine – what can I do?
 

(a) If you receive a fine for a toll road you should apply for a review setting out the circumstances and seeking a withdrawal of the fine.

(b) In most cases, a fine will not be issued straight away, but an invoice for the toll and an administration fee will be waiting for you when you get home. If that is the case, you should pay the toll fee straight away unless there is any confusion around the location, time etc. If there is confusion, call our Motoring Road Rules Consultant for assistance.

(c) If you have multiple toll fee invoices after returning from an interstate trip, be wary that each may have an administration fee on them and you should attempt to negotiate payment of the relevant tolls but only one administration fee. The issuing authority will only have paid the South Australian Government one fee to find out who you are and where you live, so should not be claiming multiple administration fees.

I was driving interstate and involved in a minor property damage crash – what do I need to do?
 

(a) If you have a minor property damage crash interstate you should report the matter as soon as possible to the police and your own insurance company. Be sure to obtain the full names and addresses of the other drivers involved. A person’s first name and mobile phone number are not classified as “full particulars” and will make follow up action extremely difficult.

(b) No matter what state you are in, we recommend you report the crash to the police as soon as possible. If the police tell you that your crash is not one that needs to be reported, you are at least covered from any future police action regarding failing to report, and can advise your insurance company that you tried to report the crash.