Why am I receiving a notice of disqualification for an offence that happened a long time ago?
The notice of disqualification is a result of an expiation notice (fine) you received up to two years ago. Some time after July 2009, you applied to the Magistrates Court for relief and entered into a payment arrangement to pay the fine.
In June 2009, the Courts Administration Authority undertook a major software upgrade and due to a system error, the system ceased automatically supplying some demerit point and offence information to the Registrar of Motor Vehicles.
The error has been corrected and the offence information and associated demerit points have in August been sent to the Registrar and are being correctly applied.
The Motor Vehicles Act requires that where the offence results in a breach of a conditional licence or the demerits point scheme, the Registrar must disqualify the person from driving. The Registrar does not have any discretion to remove or vary any disqualification required by the Act.
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I didn't apply to the Magistrates Court for relief or enter into a payment arrangement to pay the fine
Phone the Courts Administrative Authority at the EasyPay fines contact centre on 1800 659 538 or if calling from a mobile 8207 6288.
The Demerits Points Scheme is based on the concept of 'any three year period' - eg an offence in 2009 can count towards whether a person has accumulated 12 demerit points in any three year period. You don't have to be in that period now - eg you could have accumulated 12 points between 2007 and 2010 and can be disqualified now.
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I didn't know that I had gained demerit points so I'm surprised to get the notice of disqualification
The original expiation notice that was issued to you contained a warning that demerit points may apply.
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Am I still required to serve the disqualification? Can I appeal?
Not everyone's circumstances are the same however all of the options that would have been available to you had you received the notice of disqualification earlier are still available.
If you are eligible to enter into a good behaviour option, a safer driver greement or appeal the disqualification to the Magistrates Court, you still have the same options. The options available to you are written on the notice.
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When I got the fine I knew I would be disqualified so I did not drive for the period of the disqualification
As stated on the notice, the disqualification period does not start until you have personally attended a Service SA centre or an Australia Post electronic point of sale outlet and acknowledged receipt of the notice and paid the fee.
Any period where you have chosen not to drive cannot be recognised in the period of disqualification associated with your current notice.
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The licence holder is overseas – what do I tell them about this notice?
The notice can only be acknowledged by the person who is disqualified (by attending a Service SA centre or Australia Post and signing to acknowledge). This cannot be done by any other party, including a Power of Attorney. The licence holder will need to deal with this when they return to Australia.
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I will lose my job if I lose my licence
Being disqualified often has a greater impact on some people than others. The delay in disqualifying licence holders is regrettable but as stated above the Registrar does not have the discretion to remove or vary a disqualification.
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I have already been disqualified for this offence so why am I getting a notice about another disqualification?
Some offences result in the court imposing a disqualification as part of the penalty and when the Registrar is notified of the offence, the Motor Vehicles Act requires another disqualification period to be imposed. These disqualifications cannot be served concurrently and must be served one after the other.
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Specific questions for learner's permit holders
I was on a learner's permit when I committed the offence, will I be required to go back on to my Ls?
Yes, as you were the holder of a learner’s permit when you committed the offence you are subject to the graduated licensing scheme and will be required to regress to a learner’s permit.
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I am going to raise this with a lawyer or the Ombudsman's Office
The law has not changed – if the notice of disqualification states you are not entitled to appeal, you are not entitled to appeal. You can not make an application to the Court. In cases of 'regression', no exceptions will be made to any person.
You should be aware that raising your case to a lawyer or the Ombudsman may place you in jeopardy of you missing the safer driver agreement or disqualification acknowledgement due date. It should be stressed that the Motor Vehicles Act 1959 provides for no leniency in these instances. Any advice you may receive that suggests you not respond to their disqualification notice may result in you missing the due date and therefore having to sit out your disqualification and/or face higher costs.
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Specific questions for licence holders who regress to a learner's permit
If I regress to my learners will I have to re-sit the practical test and pay the fees?
Yes - these are fees charged by private sector driving instructors. If the notice had been sent out earlier you would have incurred the cost in the same way you are now, therefore no financial disadvantage has occurred.
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Specific questions for Provisional licence holders
I was on a provisional licence when I committed the offence but progressed to a full licence, will I be required to go back on to my Ps or Ls?
Yes - as you were the holder of a provisional licence when you committed the offence you are subject to the graduated licensing scheme and will be required to regress to the licence stage prior to what you held at the time of the offence.
You must surrender your licence. You will be reimbursed for the unused period of your licence.
Since committing the offence I have progressed from a P1 to a P2 by undertaking the hazard perception test. Will I have to do the HPT test again?
Yes, you will have to do another HPT.
The only vehicle I have is a high powered vehicle and now I will not be permitted to drive this vehicle. Will I be exempt from the restrictions?
If you are under 25 the restrictions will apply to you when you regain your provisional licence.
You can apply to the Registrar for an exemption from the high powered vehicle restrictions.
Exemptions may be approved in special circumstances. Applications to apply for an exemption can be obtained from the MyLicence website and can be marked to the attention of the licence review coordinator. Your driving offence history, the availability of public transport and of other vehicles that may be available to you will be taken into account when determining your application.
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Specific questions for probationary licence holders
I was on a probationary licence when I committed the offence what happens after I serve the disqualification?
Once you have completed the period of disqualification you will be issued a further probationary licence for the prescribed period.
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More information
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