Licence Suspension and Disqualification in South Australia: Demerit Points, Options and Appeals

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

In South Australia, a full licence holder who reaches 12 or more demerit points within 3 years is disqualified for 3, 4 or 5 months depending on the total, or can instead choose a 12-month good behaviour option within 21 days; learners and P-platers are disqualified for 6 months at 4 or more points.

Checked on 23 October 2026 against the Motor Vehicles Act 1959 (SA) (version of 24 November 2025), the Motor Vehicles Regulations 2025, the Road Traffic Act 1961 (SA), the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007, the Fines Enforcement and Debt Recovery Act 2017, SA.GOV.AU and the Legal Services Commission.

Demerit points

• The 3 years for a full licence count back from your most recent offence. For learners and P-platers, every point from offences while on L or P plates counts, with no 3-year window.
• A warning notice is due at 6 points on a full licence, but a disqualification still applies if it was not sent.
• Points from other states count.
• No double demerits: South Australia has no double demerit point scheme.
• Speeding points: under 10 km/h over, 2; 10 to 19, 3; 20 to 29, 5; 30 or more, 7; 45 or more (excessive speed), 9.
• P-plate conditions include zero alcohol and drugs and not driving 10 km/h or more over the limit, so a P-plater caught at that speed has also breached a condition.

The good behaviour option (full licence)

• Instead of the disqualification, a full licence holder can choose a 12-month good behaviour period by lodging an election within 21 days of the date in the disqualification notice, or within 28 days with the Registrar's permission. (SA.GOV.AU says 28 days from the issue date; the Act says 21.) Elections are lodged at a Service SA centre (or Australia Post, for a first notice); the government says your licence must be current, with nothing outstanding.
• If you incur 2 or more points in the 12 months, you are disqualified for twice the original period (6, 8 or 10 months), and the government says there is no appeal or second chance.
• A fresh start: the points up to the offence that triggered the notice are wiped when the disqualification or good behaviour period starts.

P-platers: Safer Driver Agreement or appeal

• Safer Driver Agreement: a P-plater can avoid the 6-month disqualification by giving notice within 21 days (28 with the Registrar's permission), unless the offence was a "serious disqualification offence" (any offence under the Criminal Law Consolidation Act, an offence worth 4 or more points, a repeat speeding offence of 3 or more points on that licence, a red light and speeding offence together, or any offence by someone previously disqualified in South Australia), or they had an agreement or a successful appeal in the last 5 years. The licence is cancelled and reissued (P1 offences restart on P1); 4 or more points, or a condition breach, on the new licence brings 12 months, with no appeal.
• Appeal to the Magistrates Court: if a Safer Driver Agreement is not available, a P-plate or probationary driver can appeal on the ground of severe and unusual hardship to the driver or a dependant, shown by sworn evidence, including why other transport will not do. It is lodged on the CourtSA portal, and the disqualification is put on hold while the appeal is pending. If it succeeds, the licence is reissued with probationary conditions for 18 months, and a later breach brings 12 months. It is not available within 5 years of a successful appeal or a breached agreement. No time limit for lodging was found; the Legal Services Commission suggests lodging before the disqualification starts.
• Learners have no appeal and no Safer Driver Agreement.

No work licence

South Australia has no work or hardship licence: nothing lets a disqualified driver keep driving for work or family reasons. A "restricted licence" under the Motor Vehicles Act is a set of safety conditions the Registrar imposes, not a way to keep driving during a disqualification, and a court cannot reduce a mandatory minimum because you need to drive.

Other ways to lose your licence

• Immediate loss of licence: police can disqualify a driver on the spot for category 2 or 3 drink driving, drug driving, reckless or dangerous driving, refusing a breath, drug or blood test, and excessive speed (45 km/h or more over the limit). It ends when the case ends, or after 3, 6 or 12 months depending on the offence, and the time counts towards any court minimum. The Magistrates Court can lift it if you have a reasonable prospect of being acquitted or no charge is laid within a reasonable time, and can shorten it in some cases (but not an on-the-spot excessive speed notice).
• Excessive speed (45 km/h or more over): an expiation fee of $2,018 and 9 points; in court, a fine of $3,000 to $5,000 and at least 6 months' disqualification for a first basic offence.
• Extreme speed (55 km/h or more over where the limit is 60 km/h or less, or 80 km/h or more over where it is higher) is a criminal offence: up to 3 years' jail (5 if aggravated) and at least 2 years' disqualification.
• Drink and drug driving carry set minimum disqualifications that a court cannot reduce, except for a first offence found "trifling". See drink driving penalties in South Australia.
• Unpaid fines: the Fines Enforcement and Recovery Unit can suspend your licence, starting 14 days after notice and lifted only when the fine is paid in full; it can also stop you dealing with the Registrar of Motor Vehicles, and clamp or impound a vehicle.
• Court orders: a court convicting you of a driving offence can disqualify you for a set period or until further order, and order a re-test.
• When a Registrar's notice takes effect: it is posted first and must be personally acknowledged; if not, it is served in person. It takes effect 28 days after acknowledgement or personal service, and follows any disqualification you are already serving.

Driving while disqualified or suspended

• Driving while disqualified or suspended (other than for unpaid fines): up to 12 months' jail for a first offence and 3 years for a later one. The Act sets no fine. The Legal Services Commission says jail is the usual penalty, and that courts do not usually add a further disqualification.
• Driving while suspended for unpaid fines: up to 6 months' jail for a first offence and 2 years for a later one.
• An honest and reasonable mistake about a fact (such as not knowing of the disqualification) can be a defence, the Legal Services Commission says.
• Your car: police may clamp or impound it for 28 days (not for driving while suspended for unpaid fines). For a repeat within 10 years, the court must, if the prosecution applies, order impounding for up to 6 months or forfeiture, subject to a hardship discretion.
• Keep your address up to date: you must tell the Registrar of a new address within 14 days.

Who can challenge what

Getting your licence back

• Full licence, demerit disqualification: your licence is suspended for the period.
• Where your licence was cancelled, reapply at Service SA when the period ends. After a disqualification that cancelled a full licence (for example by a court, or for drink or drug driving), you get a probationary licence for at least 12 months: carry it, with zero alcohol and drugs, and 2 points means another 6 months.
• P-platers: an offence on P1 means a new 3-year provisional licence (1 year on P1, 2 on P2); an offence on P2 means 2 years on P2. Learners must hold the permit for at least 3 months.
• Serious drink driving: an alcohol interlock is required for the disqualification period or 3 years, whichever is less.

Free help in South Australia

The Legal Services Commission's legal advice clinic at the Adelaide Magistrates Court, 9:30am to noon on weekdays, covers minor criminal and traffic offences.

How Go To Court Lawyers can help

Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in South Australia is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise on your options before the deadlines run, a hardship appeal, an application to lift an immediate loss of licence, and any related charge. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.

General information only, not legal advice. Updated 23 October 2026. Checked against the Motor Vehicles Act 1959 (SA) (version of 24 November 2025), the Motor Vehicles Regulations 2025 (SA), the Road Traffic Act 1961 (SA), the Road Traffic (Miscellaneous) Regulations 2014 (SA), the Criminal Law Consolidation Act 1935 (SA), the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 (SA) and Regulations 2022, the Fines Enforcement and Debt Recovery Act 2017 (SA), the Magistrates Court Act 1991 (SA), the court rules, the Courts Administration Authority's licence appeal page, SA.GOV.AU's disqualification pages, Fines SA, Service SA and the Legal Services Commission and its Law Handbook, on 23 October 2026.