I’ve received a speeding fine but don’t think I was speeding. Can I challenge it?
You definitely have the right to appeal a speeding fine.
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. If the review isn’t succesful, you’ll need to decide whether you pay the fine or elect to be prosecuted. You can speak to our Motoring Road Rules Consultant before making a decision for advice.
I’ve received a speeding fine but wasn’t the driver at the time. What can I do?
As your name is listed as the owner of the vehicle that was detected speeding, you could legally pay the fine, but you would incur any associated demerit points. If you don’t want to pay the fine, you’ll have to fill in a Statutory Declaration outlining who was driving the vehicle at the time. You’ll need to include the driver’s full name and address and a Justice of the Peace needs to sign the document. Make sure you return it to the Expiation Notice Branch before the due date on the original notice.
I received a red light infringement but I was completing a right turn. What should I do?This is a tough one and you’ll probably need further advice on whether you can challenge the fine. The first step is to obtain a free copy of the photograph, which you can do through the SAPOL website or by calling the Expiation Notice Branch. Once you’ve done this, get in touch with our Motoring Road Rules Consultant to discuss further.
I didn’t see the signs and parked in a bus lane/bike lane/no stopping area and got a fine. What are my options?
This really depends on why you didn’t realise you were parked in a restricted area. If there were signs up and you just happened to miss them, then you’ll probably just have to pay the fine. If you think the signage wasn’t adequate, you can apply in writing to the issuing Council for a review of the fine. Before you lodge an application, make sure you read your fine or check with the Council, as some will charge for an unsuccessful review. You can chat to our Motoring Road Rules Consultant about whether it’s worth the risk before pursuing it.
I parked in a disabled parking spot but forgot to display the permit and got a fine – any suggestions?
The law is quite clear that you can only stop or park in a disabled parking zone if a current disabled parking permit is clearly displayed. However, you could apply to the issuing Council for a review of the fine and include a copy of the existing permit. Some councils will charge for an unsuccessful review so contact our Motoring Road Rules Consultant if you want more advice before proceeding.
I’ve been caught on the same camera multiple times for an unregistered car – what can I do?
The first thing you should do is check the dates on the infringement notices. By law, you can only be charged once within a seven day period after the first photo of your unregistered vehicle is taken. If the dates happen to be within seven days of each other, they’ll automatically be withdrawn by the Expiation Notice Branch upon your request. Otherwise, your options may be limited, but our Motoring Road Rules Consultant can help.
Do I have to have my licence on me when driving?
If you have a full driver’s licence, you don’t have to have it on you when driving. However, if you’re pulled over, a police officer may require you to produce it at a nominated police station within 48 hours.
Learners, P-platers and those with a probationary licence must have their licence on them at all times while driving. The same applies for heavy vehicle licences, visiting drivers (from interstate or overseas), taxi drivers, and drivers carrying dangerous goods.
When do I need to slow down around emergency vehicles?
Whenever you pass a stationary emergency vehicle that has its lights flashing, you must slow down to 25km/h, even if the speed limit is usually 100km/h. If you’re travelling on the opposite side of the road and there’s no median strip separating you, you’ll also need to slow down. If an emergency vehicle is passing you with its lights flashing, you don’t need to slow down, but you do need to move out of the way.
Can I use the GPS on my phone while driving?
In SA, you can use the GPS on your phone while driving as long as the mobile is mounted in a fixed cradle. However, you can’t touch your phone while you’re driving to make updates – even if you’re stopped at the lights. Instead, you’ll need to either pull over and park the car, or make any changes before you head off.
These rules do not apply to learner drivers and P1 licence holders because they can’t use a mobile for any purpose – even if it’s mounted.
Are there any medical tests for drivers over 70?
Back in 2014, the State Government scrapped the mandatory annual assessment for drivers aged over 70 who don’t have a medical condition and hold a car (C Class) licence. If you have a medical condition recorded against your licence however, you’ll need to visit a doctor and submit the annual Certificate of Fitness form that will be sent to you. The same will apply for other licences – like for trucks and motorbikes. Your doctor may request you also take a Practical Driving Assessment to determine your driving ability, and if you’re over 85 and hold a licence for something other than a vehicle, you’ll also need to sit this test.
Remember, it’s your responsibility to report any medical conditions you have that could impact your ability to drive. If you disagree with an assessment made by a doctor on this front, you do have the right to appeal.
If you wear glasses or contact lenses while driving, it will be recorded as a condition on your licence but you won’t need a medical assessment.
What medical conditions could affect driving ability?
Every person is different, and certain conditions affect individuals differently. If you have a medical condition or develop one, speak to your doctor about what it means for you. Some common conditions that might need closer consideration include:
- Alcohol and/or drug dependency
- Arthritis or other joint conditions
- Dementia, Alzheimer’s disease, depression or other mental health conditions like schizophrenia, bipolar or psychosis
- Eye conditions such as glaucoma, cataracts or macular degeneration
- Heart disease
- High or low blood pressure
- Injuries or physical impairments including limb amputation or paralysis
- Parkinson’s Disease and other neurological disorders
- Sleep apnoea, narcolepsy or other sleep disorders
I’ve just been diagnosed with a serious medical condition – what happens to my licence?
Health professionals are required to notify the Registrar of Motor Vehicles if they have reasonable cause to believe someone with any sort of driving licence is suffering from a condition, disability, illness or deficiency that could endanger themselves or others if they got behind the wheel. Under the Motor Vehicles Act, individuals also need to notify the registrar in writing of such a condition.
The Registrar has the power to make you undertake tests to prove your fitness to drive, which could include a practical test and/or further medical tests. They also have the power to cancel a licence, or add conditions on a licence, including time and distance restrictions. You can of course challenge any decision, and our Motoring Road Rules Consultant can provide some more advice on this.
My licence has been cancelled on medical grounds – do I have any recourse?
Firstly, you’ll need to get – in writing – the reasons the Registrar of Motor Vehicles has cancelled your licence. You can then consider whether you instigate a review of the registrar’s decision. You’re welcome to contact our Motoring Road Rules Consultant to discuss this option.
What can I do if I think an elderly person is driving in an unsafe manner?
If you think there’s a risk of injury to either the person or others, you can report the individual to the police. You can also advise the Registrar of Motor Vehicles about your concerns and they can, based on your report, request the individual to prove their fitness to drive. If you choose the latter course of action, you’ll need to submit your report in writing.
Do my P-plate restrictions apply if I drive outside of SA?
Absolutely. The conditions of your licence apply no matter where you’re driving.
Can I tow a trailer, caravan or boat on my Ls or Ps?
Yes, you can tow the same vehicles as any full licence holder; however, your L and P plates must be visible while doing so. Some states have different rules though, so if you’re planning on towing interstate, you’ll need to check their road rules.
I was towing something interstate and got picked up for speeding. I didn’t realise the speed limits were different, so what can I do?
WA and Tasmania have a 100km/h speed limit if you’re towing, even on 110km/h roads. If you receive a fine for speeding while in those states, apply in writing for a review of the notice on the basis that you were visiting from interstate and were unaware of the restrictions.
I’ve received an interstate fine for driving on a toll road, but I didn’t realise I was driving on one. What can I do?
In this instance, you can apply for a review, outlining the circumstances and seeking a withdrawal of the fine. In most cases, you’ll get an invoice to pay the toll and an admin fee before getting a fine. Our advice is to pay it straight away unless there’s confusion around the time and place.
If you’ve come home to find multiple invoices – each with their own admin fee – waiting for you, you can try and negotiate a payment of the relevant tolls with just one admin 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.
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