There is no legal requirement for a vehicle owner to receive a registration reminder or a registration renewal notice.
It is the vehicle owner’s responsibility to ensure that their vehicle is registered before the vehicle is driven on a road.
Therefore, an expiation notice issued for an expired registration offence remains valid whether or not a registration reminder or renewal notice has been received.
Find out how to register an unregistered vehicle.
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Registration paid before the expiry date will commence the day after the expiry date.
Registration paid after the expiry date will also be backdated to the day after the expiry date. However, the vehicle is still deemed to be unregistered for the period between the expiry date and time of payment.
The default speed limit within a built-up area is 50 kph unless signed otherwise. There is no legal requirement to have 50 kph signs in built-up areas.
This rule applies throughout built up areas in South Australia and was introduced on 1 March 2003 as a road safety initiative aimed at reducing death and serious injury on our roads.
Cruise controls and GPS systems are not as accurate as the speed detection devices used by the police.
The police regularly test their devices and the police devices are accepted as being accurate by Courts in South Australia.
The red light detection zone is after the stop line. Cameras in South Australia do not detect vehicles that fail to stop before the stop line.
There are two main offences:
If the photographs show your vehicle enter the marked foot crossing or intersection contrary to the red light then the notice was correctly issued.
The fines and demerit points for each offence are set by Government Regulation.
The police have no legal power to reduce the fine or demerit points.
If you have difficulty paying the fine contact the Fines Unit on 1800 659 538 who can assist with payment options.
Since 1969, South Australia introduced legislation that provided compensation to victims of crime.
Provision is made for compensation to be paid into the Victims of Crime Fund through:
To finalise payment of an expiation notice both the fine and the levy must be paid.
In order for a third party to act on your behalf, you will need to provide the Expiation Notice Branch with express permission, including the details of the person/s you wish to authorize to act on your behalf.
One of the options on the back of an expiation notice is to apply for a review of the notice on the grounds that the offence was trifling.
Trifling is defined in Section 4(2) of the Expiation of Offences Act, 1996.
You are only entitled to have Expiation Notice Branch review your notice once.
If you are not happy with the review you have the option of either paying the fine or electing to be prosecuted.
The Expiation Notice Branch is not able to supply this evidence as part of the Branch’s administrative review process, however, it may be made available to you by the police prosecutor during normal pre-trial disclosure, should you elect to be prosecuted.
As statutory declarations are legal documents they must be filled out properly, if not, they cannot be accepted and will be returned.
Common missing information is:
The law provides a defence to the owner of a motor vehicle detected by a camera speeding or disobeying a red traffic light to nominate the driver of the vehicle at the time of the offence.
The law does not permit the nominated driver to nominate another driver. For that reason the police will not accept a nomination from a nominated driver who is attempting to nominate another driver.
The nominated driver should consider the options on the rear of the expiation notice and either pay the notice or elect to be prosecuted. If you are to be prosecuted, the person who nominated you as the driver may be required to attend court to explain why they nominated you.
If the ENB has received a statutory declaration or other document sent by the vehicle owner which is not accepted ENB must, before enforcing the expiation notice, give an expiation enforcement warning notice.
By law an expiation enforcement warning notice fee, is added to the unpaid expiation fee.
When an enforced expiation notice is revoked by the Fines Enforcement and Recovery Unit the law deems that the expiation notice is issued for the first time on the date that it was revoked. You will not receive another expiation notice for the same offence from the police.
If you have any further questions regarding your revoked notice contact the ENB Call Centre on 8463 4388.
If you have received an expiation notice as the vehicle owner (or person regarded as the vehicle owner at the time of the offence) and you were not the driver at the time of the offence, you may state the name and address of the person who was driving the vehicle by making a driver nomination in accordance with a Driver Nomination form. A completed Driver Nomination form must be either lodged in accordance with instructions at www.police.sa.gov.au, emailed to drivernomination@police.sa.gov.au or sent by post to the Expiation Notice Branch at GPO Box 2029, ADELAIDE SA 5001.
Any other defence must be submitted on a statutory declaration.
If submitting a Driver Nomination form in the first instance, you are not required to complete a statutory declaration, however if the issuing authority does not accept the driver nomination you may be required under section 79B(2)(b) of the Act to verify the information on a statutory declaration at a later date.
If the Commissioner of Police believes that a nomination has been made in error, the Commissioner may permit the nomination to be withdrawn and a new nomination to be made.
A ‘person regarded as the vehicle owner’ means someone who has been issued an expiation notice as they have been nominated on a statutory declaration as the hirer or person in possession of the vehicle at the time of the offence but not necessarily the driver.