Can you apply for a Safer
In September 2010 legislation was enacted in South Australia
involving changes to the Graduated Licensing Scheme (GLS).
Not sure what this is? The GLS is, as the name suggest, a
graduated scheme enabling qualified persons to progress to
obtaining a full driving licence.
To be allowed to drive, applicants with a Learners Permit,
progress to a Provisional licence called a P1, then to a further
Provisional Licence called a P2, before finally arriving at a full
If you've have been disqualified while holding a P1 or P2 licence,
depending on the circumstances, you can, under changes to the
legislation in 2010, apply for a Safer Driving Agreement.
Before Safer Driving Agreements came into effect in 2010, you could
appeal to the Magistrates Court on the basis of extreme and undue
hardship; for example, maybe you would lose your job without a
licence. The Safer Driving Agreement replaces this appeal
You can only apply for a Safer Driving Agreement under certain
- If disqualification was for other than a "Serious
- you have not entered into a Safer Driving Agreement in the last
5 years; and
- if a Magistrates Court has not allowed an appeal against
A Serious Disqualification Offence is:
- an offence against the Criminal Law Consolidation Act;
- an offence that attracts 4 or more demerit points;
- a speeding offence that attracts 3 or more demerit points if
committed by a person who has whilst holding a licence previously
been convicted of or expiated a speeding offence that attracted 3
or more demerit points; or
- a combination red light and speeding offence arising out of the
same incident; or
- an offence by a person who has previously been disqualified
from holding a licence or permit.
If you're disqualified from driving and once you've received
notice of that disqualification you must give notice to the
Registrar within 21 days that you wish to enter a Safer Driving
If you're not entitled to a Safer Driving Agreement then there is
one last option, but there are conditions.
Provided you have not in the last 5 years been allowed an appeal
by the Magistrates Court against disqualification, the Magistrates
Court may allow the appeal if:
- the court is satisfied the disqualification would result in
severe and undue hardship; and
- that if the prosecution produces evidence of previous offences
that evidence does not indicate the person is a substantial risk to
The Graduated Licensing Scheme is onerous. P1 and P2 drivers are
under strict conditions and if you're one of these drivers and you
commit offences you are subject to penalties and risk of losing
your licence. Safer Driving Agreements are a means of getting
permission to continue to drive, but it's important to note your
conditions for driving will be restricted. So, it's best not
to commit offences in the first place and avoid the
Want to know more about Safer Driving Agreements? You can
get in touch with the writer of today's blog, one of Andersons Victor Harbor solicitors in Criminal Law, David Mullen.
Please note, this Blog is posted in Adelaide, South Australia.
It relates to South Australian legislation.