Legislative Changes

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Legislative Changes 2011

On 10 July 2011  a number of amendments were made to the Motor Vehicles Act 1959 to improve the
equity and social responsiveness of the scheme while also contributing to the Government’s broader road safety agenda.

A summary of the key changes which came into operation on 10 July 2011 are as follows:

• Increase to the prescribed amount for the maximum excess payable for at fault (25% or more) drivers to $460.  The prescribed amount will be indexed annually from 1 January 2012.
• Introduces a requirement for the owner of a vehicle involved in a motor accident to notify MAC who the driver was or make reasonable inquiries to ascertain who the driver was.
• Increases the penalty for an owner, person in charge or the driver of a motor vehicle, who fails to fully co-operate with the insurer, to $5,000.00.
• Reduces the threshold for the right of recovery against an intoxicated at fault driver to a blood alcohol level of .1grams or more at the time of the motor accident.
• Introduces a right of recovery against hit and run drivers who have been found guilty of an offence against section 43 of the Road Traffic Act, 1961, to the extent the Court considers just and reasonable in the circumstances.
• Extends the penalty provisions in section 127 to include ‘interest or costs’ for claimants who fail to attend medical examinations organised by MAC.
• Limits the exposure of the SA CTP Scheme to foreign judgements.