South Australia
Road Traffic (Miscellaneous) Variation Regulations 2005
under the Road Traffic Act 1961

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Variation provisions
Part 2—Variation of Road Traffic (Miscellaneous) Regulations 1999
4	Variation of regulation 4—Interpretation
5	Insertion of Part 1B
Part 1B—Notices relating to licence disqualification or suspension
6E	Prescribed particulars of notice of licence disqualification or suspension—section 45B
6F	Prescribed particulars of notice of immediate licence disqualification or suspension—section 47IAA
6G	Prescribed form of notice of licence disqualification or suspension
6	Variation of regulation 14—Apparatus approved as photographic detection devices
7	Substitution of regulation 15
15	Prescribed provisions for the purposes of section 79B
8	Variation of regulation 19G—Emergency workers (sections 83 and 110AAAA)
9	Insertion of Schedule 1AAA
Schedule 1AAA—Notice of licence disqualification or suspension

Part 1—Preliminary
1—Short title
These regulations may be cited as the Road Traffic (Miscellaneous) Variation Regulations 2005.
2—Commencement
These regulations will come into operation on 1 December 2005.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Road Traffic (Miscellaneous) Regulations 1999
4—Variation of regulation 4—Interpretation
Regulation 4, definition of speeding offence—before paragraph (a) insert:
	(aa)	an offence against section 45A of the Act; or
5—Insertion of Part 1B
After regulation 6D insert:
Part 1B—Notices relating to licence disqualification or suspension
6E—Prescribed particulars of notice of licence disqualification or suspension—section 45B
	(1)	For the purposes of section 45B(3) of the Act, the prescribed particulars of a notice of licence disqualification or suspension given to a person that must be forwarded to the Registrar of Motor Vehicles are as follows:
	(a)	the person's name;
	(b)	the person's address;
	(c)	the person's date of birth;
	(d)	if the person produces his or her licence—the person's licence number;
	(e)	the date and time of the offence to which the notice relates;
	(f)	whether the notice relates to—
	(i)	an offence against section 45A of the Act; or
	(ii)	an offence against section 79B of the Act constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45A of the Act;
	(g)	the date and time of the issue of the notice;
	(h)	an indication as to when the disqualification or suspension of licence should commence.
	(2)	For the purposes of section 45B(4) of the Act, the prescribed particulars that must be included in a notice of licence disqualification or suspension sent, by post, to a person by the Registrar of Motor Vehicles are as follows:
	(a)	the person's name;
	(b)	the person's address;
	(c)	the person's date of birth;
	(d)	the person's licence number;
	(e)	the date and time of the offence to which the notice relates;
	(f)	whether the notice relates to—
	(i)	an offence against section 45A of the Act; or
	(ii)	an offence against section 79B of the Act constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45A of the Act;
	(g)	the date and time of the issue of the notice;
	(h)	the date and time of the commencement of the disqualification or suspension of licence.
6F—Prescribed particulars of notice of immediate licence disqualification or suspension—section 47IAA
	(1)	For the purposes of section 47IAA(5) of the Act, the prescribed particulars of a notice of immediate licence disqualification or suspension given to a person that must be forwarded to the Registrar of Motor Vehicles are as follows:
	(a)	the person's name;
	(b)	the person's address;
	(c)	the person's date of birth;
	(d)	if the person produces his or her licence—the person's licence number;
	(e)	the date and time of the offence to which the notice relates;
	(f)	whether the notice relates to —
	(i)	a category 2 offence; or
	(ii)	a category 3 offence; or
	(iii)	an offence against section 47E(3) of the Act; or
	(iv)	an offence against section 47I(14) committed by a person who was the driver of a motor vehicle involved in the accident;
	(g)	the date and time of the issue of the notice;
	(h)	an indication as to when the disqualification or suspension of licence should commence.
	(2)	For the purposes of section 47IAA(6) of the Act, the prescribed particulars that must be included in a notice of licence disqualification or suspension sent, by post, to a person by the Registrar of Motor Vehicles are as follows:
	(a)	the person's name;
	(b)	the person's address;
	(c)	the person's date of birth;
	(d)	the person's licence number;
	(e)	the date and time of the offence to which the notice relates;
	(f)	whether the notice relates to —
	(i)	a category 2 offence; or
	(ii)	a category 3 offence; or
	(iii)	an offence against section 47E(3) of the Act; or
	(iv)	an offence against section 47I(14) committed by a person who was the driver of a motor vehicle involved in the accident;
	(g)	the date and time of the issue of the notice;
	(h)	the date and time of the commencement of the disqualification or suspension of licence.
6G—Prescribed form of notice of licence disqualification or suspension
For the purposes of section 45B(1) and section 47IAA(2) of the Act, the prescribed form for the notice of licence disqualification or suspension, or notice of immediate licence disqualification or suspension, (as the case may be) is the form set out in Schedule 1AAA.
6—Variation of regulation 14—Apparatus approved as photographic detection devices
	(1)	Regulation 14(1)(a)—after "in relation to" insert:
an offence against section 46(1) of the Act,
	(2)	Regulation 14(1)(b)—after "in relation to" insert:
an offence against section 46(1) of the Act or
	(3)	Regulation 14(1)(c)—after "in relation to" insert:
an offence against section 46(1) of the Act or
	(4)	Regulation 14(1)(d)—after "in relation to" insert:
an offence against section 46(1) of the Act,
7—Substitution of regulation 15
Regulation 15—delete the regulation and substitute:
15—Prescribed provisions for the purposes of section 79B
For the purposes of paragraph (b) of the definition of prescribed offence in section 79B(1) of the Act, the following provisions are prescribed:
	(a)	section 46(1) of the Act (Reckless or dangerous driving);
	(b)	the following provisions of the Australian Road Rules:
	(i)	the provisions of Part 3 (Speed-limits);
	(ii)	rule 56(1) (Stopping for a red traffic light);
	(iii)	rule 56(2) (Stopping for a red traffic arrow);
	(iv)	rule 59(1) (Proceeding through a red traffic light);
	(v)	rule 60 (Proceeding through a red traffic arrow);
	(vi)	rule 123(a) (Entering a level crossing when a train or tram is approaching etc);
	(c)	the following provisions of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 1999:
	(i)	regulation 9A(1) (Speed-limits applying to driving of road trains);
	(ii)	regulation 9A(2) (Speed-limits applying to driving of road trains);
	(d)	regulation 19B of these regulations (Heavy vehicles and minimum allowable travel time);
	(e)	the following provisions of the Road Traffic (Driving Hours) Regulations 1999:
	(i)	the provisions of Part 2 Division 2 (Driving, work and rest times of regulated hours drivers);
	(ii)	the provisions of Part 3 Division 2 (Driving, work and rest times of TFMS drivers);
	(iii)	the provisions of Part 4 Division 7 (General driving record offences);
	(iv)	the provisions of Part 5 (Extended offences);
	(v)	regulation 125 (Failure to comply with conditions of exemptions);
	(vi)	regulation 134 (False and misleading statements to Minister and authorised persons).
8—Variation of regulation 19G—Emergency workers (sections 83 and 110AAAA)
Regulation 19G—after "section 83(3)" insert:
or 110AAAA(3)
9—Insertion of Schedule 1AAA
Before Schedule 1AA insert:
Schedule 1AAA—Notice of licence disqualification or suspension
(section 45B and section 47IAA)

Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 10 November 2005
No 238 of 2005
MTRAN33/04CS & MTR05/029CS