SA Car Drivers Licence - Speeding Fine on Motorbike Unlicenced?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Justy666

Active Member
9 December 2019
5
0
31
47
Adelaide, SA
If you hold a full car drivers licence & you are caught speeding on a motorbike but have never held a motorbike licence at all, do you lose your car drivers licence?
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
That's a good question. Assuming that the two are treated as a single licence with multiple classes (and I don't know if that's the case or not), then I think the answer would be yes - it could happen. But I'm a long way from being sure about that, so I wait in interest to see what the experts say.
 
  • Like
Reactions: Justy666

Justy666

Active Member
9 December 2019
5
0
31
47
Adelaide, SA
That's a good question. Assuming that the two are treated as a single licence with multiple classes (and I don't know if that's the case or not), then I think the answer would be yes - it could happen. But I'm a long way from being sure about that, so I wait in interest to see what the experts say.
Precisely my thoughts
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
My thoughts are that a licence is a privilege, not a right... Consequently, If you accrue sufficient demit points or are caught breaking a law that carries immediate suspension, then you lose that privilege & with it a license to drive any motor vehicle on a public road.
 
  • Like
Reactions: Justy666

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
QLD full car license and full motorcycle license holder.
Example: 3 points in the car and 3 points on the bike = 6 points on your license.
12 points and you're walking.


I would be more worried about the unlicensed riding.
Plus you're not insured if you kill someone.

Under section 74 of the Motor Vehicles Act 1959 (SA)

If a driver is caught driving without a valid licence and where they have never been authorised to drive a vehicle of that class, the maximum penalty is $2500.
But if the driver has never been authorised and is convicted of driving without a licence a second or subsequent time within 3 years of an earlier offence of:
  1. driving without ever having been authorised; or
  2. driving while disqualified
there is a mandatory minimum 3 year licence disqualification, in addition to a maximum penalty of $5000 or imprisonment for 1 year.
 
  • Like
Reactions: Justy666

Justy666

Active Member
9 December 2019
5
0
31
47
Adelaide, SA
My thoughts are that a licence is a privilege, not a right... Consequently, If you accrue sufficient demit points or are caught breaking a law that carries immediate suspension, then you lose that privilege & with it a license to drive any motor vehicle on a public road.
Totally agree with you 100% here.
 

Justy666

Active Member
9 December 2019
5
0
31
47
Adelaide, SA
QLD full car license and full motorcycle license holder.
Example: 3 points in the car and 3 points on the bike = 6 points on your license.
12 points and you're walking.


I would be more worried about the unlicensed riding.
Plus you're not insured if you kill someone.

Under section 74 of the Motor Vehicles Act 1959 (SA)

If a driver is caught driving without a valid licence and where they have never been authorised to drive a vehicle of that class, the maximum penalty is $2500.
But if the driver has never been authorised and is convicted of driving without a licence a second or subsequent time within 3 years of an earlier offence of:
  1. driving without ever having been authorised; or
  2. driving while disqualified
there is a mandatory minimum 3 year licence disqualification, in addition to a maximum penalty of $5000 or imprisonment for 1 year.
That's the section I found & read also, hence why I am now confused as to whether it will affect the car licence & whether or not you would lose or suspend that car licence from this.
 

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
My interpretation is

If it's your first offence "Riding unlicensed" you will get some points on your car licence for speeding + a fine for speeding and a fine for unlicensed driving.

If you get caught again on the bike unlicensed you will lose the ability to dive a car for a minimum of 3 years.

Not a lawyer or someone that has been through an unlicensed riding charge.
Just a punter on the page giving you my opinion.
 
  • Like
Reactions: Justy666

Justy666

Active Member
9 December 2019
5
0
31
47
Adelaide, SA
My interpretation is

If it's your first offence "Riding unlicensed" you will get some points on your car licence for speeding + a fine for speeding and a fine for unlicensed driving.

If you get caught again on the bike unlicensed you will lose the ability to dive a car for a minimum of 3 years.

Not a lawyer or someone that has been through an unlicensed riding charge.
Just a punter on the page giving you my opinion.
That was what I got from it too...........


I Just wasn't sure if I was misleading myself with my interpretation of it being.....................



*** Is it just an extra fine for the riding unlicenced motorbike on top of the speeding fine & points deduct ??...........

*** OR .. Is it a suspend or loss of car licence on top of the speeding fine & extra fine for riding unlicenced ??.......



& ALSO........



Where it then says that if convicted of driving without a licence a second or subsequent time within 3 years of an earlier offence of:
  1. driving without ever having been authorised; or
  2. driving while disqualified
there is a mandatory minimum 3 year licence disqualification, in addition to a maximum penalty of $5000 or imprisonment for 1 year.





***
Is this referring to just the motorbike offence fines - 'riding unlicenced within 3 years of an earlier offence of riding unlicenced or disqualified' ??


OR


*** Is this referring to fines for driving as a whole ?? - So car/bike/boat, whatever licence you hold or vehicle you operate is included in the driving without a licence a second or subsequent time within 3 years of an earlier offence'



& When do the 3 years start from ........ From the date of the fine ??
From the date of the court judgement ??
From the start date of licence disqualification/susupension ??
From the end date of the licence disqualifiation/suspension ??