Key changes from 13 February 2023

South Australian Police Officers can issue an Immediate Loss of Licence to drivers who:

• engage in reckless and dangerous driving
• commit a drug driving offence.

This follows changes to the Road Traffic Act 1961.

Reckless and dangerous driving

South Australia Police Officers can now issue an Immediate Loss of Licence to remove a person engaging in reckless and dangerous driving from the road on the spot, rather than wait until they attend court and are disqualified.

The Immediate Loss of Licence can commence either immediately or after 48 hours and will be in place for 12 months.

South Australia Police Officers will also issue a Court summons with the Immediate Loss of Licence.

The fines applied by the Court could be up to $5000.

The Court may also sentence the offender to two or three years imprisonment, depending on the driver’s offence history.

Drug driving

South Australia Police Officers can now issue an Immediate Loss of Licence to remove a person from the road, on the spot, if they commit a drug driving offence rather than wait until they expiate an offence or attend court and are disqualified.

The Immediate Loss of Licence can commence either immediately or after 28 days and will be in place for three months.

At the time of issuing the Immediate Loss of Licence, the South Australia Police Officer may also issue an expiation notice or a Court summons.

Repeat offenders will be subject to a longer licence disqualification (up to three years), depending on the driver’s offence history.

A drug driving offence will result in the person having to reapply for a permit or licence at the end of the disqualification period. Any licence issued will be a Probationary Licence (if previously held a full or probationary licence) or a Provisional Licence (if previously held a Provisional Licence).

Other reforms include:

• SAPOL now have the authority to issue an immediate loss of licence notice for an excessive speed offence, irrespective of whether the driver is issued an expiation notice or court summons.
• SAPOL now have the authority to withdraw immediate loss of licence notices in cases where they have been wrongly issued, are defective, or if there is other proper cause for which the notice should not have been given.
• The maximum court-imposed fine for a first offence involving Excessive Speed (exceeding the relevant speed limit by 45km/h or more) and Reckless and Dangerous Driving will increase to $5,000.
• An expanded list of aggravated offences carrying terms of imprisonment are prescribed for offences of Careless Driving and now also apply to Excessive Speed. The circumstances of aggravation include but are not limited to, causing serious harm or death, escaping police pursuit, driving a stolen vehicle, having .08 grams or more of alcohol in 100 millilitres of blood, driving with a prescribed drug, driving with one or more passengers in the motor vehicle, or holding a conditional licence (such as a learner’s permit or provisional licence).
• The maximum term of imprisonment for driving while suspended or disqualified has increased to a period of 12 months from six months for a first offence. The maximum term of imprisonment for a subsequent offence has also increased to a period of three years, up from two years.

Together, these changes will allow SAPOL officers to remove dangerous drivers from the roads faster and adds a further deterrent measure for dangerous driving behaviour.

Previous changes

On 29 November 2017, the South Australian Parliament approved changes to alcohol and drug driving penalties and roadside drug testing.

The changes were intended to reduce the incidence of drug driving and improve road safety for all road users.

Drug driving is one of a number of contributors to road deaths in South Australia. Between 2012 and 2016, an average of 24% of drivers or riders killed on South Australian roads tested positive to THC (the active component in cannabis), methylamphetamine (speed, ice or crystal meth), MDMA (ecstasy) or a combination of these drugs.

Unlike alcohol-related road fatalities, the number of motorists killed in road crashes who tested positive to drugs was not decreasing, with an average of 13 drivers/riders killed testing positive each year.

From 22 February 2018

The roadside drug testing process was streamlined so that only one, rather than two, screening tests will be undertaken by Police.

If a screening test is positive, an oral fluid sample will be sent for laboratory analysis to confirm the presence of drugs, as per existing practice.

From 8 March 2018

The court Penalty for a first drug driving offence increased.

The minimum licence disqualification for drivers who elect to be prosecuted and are convicted by the court for a first drug diving offence will increase from three to six months.

Licence disqualification periods imposed for repeat drug driving offences increased.

• For a second offence the licence disqualification will increase from six months to not less than 12 months.
• For a third offence the licence disqualification will increase from not less than one year to not less than two years
• For a further subsequent offence the licence disqualification will increase from not less than two years to not less than three years

The penalties for refusal or failure to undertake a drug screening test, oral fluid analysis or blood test increased.

• For a first offence the licence disqualification will increase from not less than six months to not less than 12 months
• For all subsequent offences the licence disqualification will increase from not less than two years to not less than three years

* Penalties do not include $60 Victims of Crime Levy

From 24 April 2018

The penalty for a first drug driving offence that is expiated increased.

A driver who expiates a first drug driving offence will incur a three month licence disqualification in addition to the existing expiation fee and four demerit points.

A driver detected drug or drink driving (0.08 BAC and above) with a child aged under 16 years in the car must show they are not dependent before being re-licensed.

A person drug or drink driving places a child passenger at an increased risk of being involved in a serious crash. For this reason, a new offence will apply for drug or drink driving with a child under the age of 16 present in the vehicle. This offence will apply where the driver’s blood alcohol content is .08 or greater – that is, a category 2 offence and higher – and to all drug driving offences, including driving under the influence and refusing or failing to undertake an alcohol or drug screening test.

Drivers committing this offence will not regain their licence until they show they are not dependent.

Penalties that apply for the respective drug or drink driving offence such as a fine, licence disqualification period and demerit points will also apply.

Drink and drug drivers required to undertake a dependency assessment will have the option to complete a treatment program.

Drivers who commit repeat drug and drink driving offences, or who commit one of the new offences with a child aged under 16 in the vehicle, must undergo a dependency assessment and be found not dependent in order to regain their driver’s licence.

When the new laws take effect, these drug and drink drivers will have the option of completing an alcohol or drug dependency treatment program. Drivers must show they are not dependent in order to regain their driver’s licence.

The cost of a dependency assessment will continue to be borne by the driver. Any costs arising from participation in a treatment program would also need to be borne by the driver.

Drivers required to enter the Mandatory Alcohol Interlock Scheme will continue to be exempt from undertaking a dependency assessment.

The penalty for driving unlicensed at the end of the disqualification period increased, if the driver did not show they are not dependent on alcohol and drugs.

The offence of driving unlicensed attracts an expiation fee of $454 or a maximum court penalty of $1,250.

From 24 April 2018, any person caught driving unlicensed who was required to show that they are not dependent on alcohol or drugs will face a fine of up to $5,000 or imprisonment for one year and disqualification from holding or obtaining a licence for not less than three years.

This is consistent with the approach taken for motorists caught driving unlicensed following disqualification for a serious drink driving offence and not having entered the Mandatory Alcohol Interlock Scheme.

More information

• Drug driving