What Constitutes Permanent Residency in South Oz

[aussiblue]

My son is working in South Australia temporarily but likely for up to a year. This page http://www.sa.gov.au/topics/transpor...stered-vehicle and http://www.sa.gov.au/topics/transpor...rstate-licence suggests he needs to get his WA registered car registered in SA and get a SA drivers licence. As far as I can see the related legislation refers to permanent residency without defining what "permanent residency" is; have I missed something? Can he claim to be a temp resident for 12 months and keep his WA licence and WA registration (he is living in rented accommodation with a short term rental arrangement).

[jpblue1000]

Ive Had lived in SA with vic plates and license for over 10 years. never a problem. Even had my address and rego details as living in SA, Vic roads sent my mail to an SA address.
It is 'illegal' but I never got pulled over so nobody knew!.
I would have thought 'permanent residence' is where the mail goes and where he is registered to vote.

JP

[Simple6]

You need to jump into the legislation to find the definition (I'm on the iPad now, so can't).

For the NT, which is likely the same Aus wide anyway, it's once you've been here 3 months.

Once that 3 months is passed, then technically your interstate licence becomes invalid, as does your vehicles registration from interstate as you're a resident of the NT and require NT licence/rego. The ramifications of pushing those boundaries is huge. Imagine if you're involved in an accident -
no valid license = court appearance
no rego = court appearance
no rego and/or licence = no insurance to pay for any damage

Like I said, the above applies for the NT, but I imagine SA would be similar and it should seriously considered if your son wants to take the gamble on retaining his WA licence/rego. Of course he could just say he's only been there a week whenever pulled, but if he has to go to court then he may be caught.

[aussiblue]

You need to jump into the legislation to find the definition (I'm on the iPad now, so can't).

I have here http://www.legislation.sa.gov.au/Web...htlyIndex.aspx and can't find it specified.

[aussiblue]

Of course he could just say he's only been there a week whenever pulled,

Doubt that will work as he is playing in the same footy team as the local constabulary.

[phild12s131e]

Your Insurance, particularly 3rd Party for injuries, could well be invalid and if so the cost would be far more than any advantage gained in not getting the local Licence and rego.

[Nova 8]

Talk to SAPOL or motor reg and your insurer, easiest way to get your answers.

[Bushbasher]

Tell him he might as well do the switch, it's safer that way. When I did it when I moved to NT and when I went to NSW, in both cases, the licence swap cost nothing, they just re-issue a licence in the state you're in with the same expiry date as your original. As for the rego, I just wait for it to expire and then re-reg. in the state you're in. Unless, of coarse you have 12 months rego, then you'll need to re-reg in SA and send back your WA rego and plates for a refund. Just don't admit the car's been here for more than 3 months if it goes over that time.

[Stefan]

It beggers belief that this is an issue in one country...

[Gee-dog]

This hasn't been mentioned yet - when he transfers his car rego to SA he will need to go to the Regency Park ID inspection place, where they will confirm that the VIN & engine numbers are correct. They will also cast an eye over the car, and if they don't like what they see they will send him to the "other" Regency Park for a full roadworthy. I don't think many cars go through this without something being found. I had an experience with them 30 years ago, and have no wish to repeat it.

This is if he is in or near Adelaide - not sure what the process is in the country. Your footy team comment suggests he may be in a country town.

[Spurious]

From a legal standpoint if you're in a state for 3 months or more & have a permanent residence then rego & licence should reflect this.

However...

In this day & age, rego & licence can be renewed online (without the need for a new sticker) so you could be anywhere for any amount of time. The states want the revenue, that's all.

The ONLY time you'll have issues is if a hard nosed copper stops him, looks at the licence & decides the driver "NEEDS" to transfer car & licence 'cause they've been in the state for so long. So long as the vehicle is registered, roadworthy & the driver is licenced, there's not a lot that they can do....Talk down to you like they're your dad maybe?

Technically your place of residence is decreed by where you're registered to vote. But you can vote from out of state anyhow....SO WHO CARES!

I have an aunt here in Tas who just returned from a 3 month trip in QLD...in a campervan!
My olds spent 3 months travelling the mainland in a VW camper.

Arrogant cops think they know better, thats all.

[Simple6]

Originally Posted by FlivverFord

From a legal standpoint if you're in a state for 3 months or more & have a permanent residence then rego & licence should reflect this.

The ONLY time you'll have issues is if a hard nosed copper stops him, looks at the licence & decides the driver "NEEDS" to transfer car & licence 'cause they've been in the state for so long. So long as the vehicle is registered, roadworthy & the driver is licenced, there's not a lot that they can do....Talk down to you like they're your dad maybe?

Arrogant cops think they know better, thats all.

You seem to have a contradicting view in your post - first paragraph is a very different line of thought to the second two I quoted.

Either way - where you state in paragraph 2 that there's not a lot they (Police) can do. Well they can send you to court for driving whilst unlicensed and driving an unregistered/uninsured vehicle if they believe you've been in the state for longer than whatever time is the max SA specify. So a little more than "talk down to you like they're your dad". I specified this in my first post in this thread (3).

And with the "arrogant cops" bit - they're just enforcing what the Government has declared is the law, as they're employed to do.

[phild12s131e]

Originally Posted by FlivverFord

From a legal standpoint if you're in a state for 3 months or more & have a permanent residence then rego & licence should reflect this.

However...

In this day & age, rego & licence can be renewed online (without the need for a new sticker) so you could be anywhere for any amount of time. The states want the revenue, that's all.

The ONLY time you'll have issues is if a hard nosed copper stops him, looks at the licence & decides the driver "NEEDS" to transfer car & licence 'cause they've been in the state for so long. So long as the vehicle is registered, roadworthy & the driver is licenced, there's not a lot that they can do....Talk down to you like they're your dad maybe?

Technically your place of residence is decreed by where you're registered to vote. But you can vote from out of state anyhow....SO WHO CARES!

I have an aunt here in Tas who just returned from a 3 month trip in QLD...in a campervan!
My olds spent 3 months travelling the mainland in a VW camper.

Arrogant cops think they know better, thats all.

Not necessarily correct as if a rego inspection is required (as in NT at certain vehicle ages) then it will have to be done in an NT authorised inspection point. It may be possible for them to agree to a temporary one from interstate if the rego would expire before returning but may be required to be redone when back in the NT. BTW they do make notes on the file in the computer system up his way to ensure that it has to happen. I once had my file marked that something had to be changed before the next inspection and the file was marked that it could only be done at either the Darwin or Alice Springs actual Govt inspection shed's, not anywhere else.

I can't see how it has anything to do with your apparent "arrogant cops" as they don't write the Laws and just holiday travelling in another State doesn't in itself make you a resident of that State. As to residential status and the Electoral Roll I've been through that and was resident in the NT for 2 years but was enrolled in SA. No concerns were expressed as work reasons had me changing locations enough that it that made updating the Electoral Roll each time ridiculous and they were satisfied that I was at least registered somewhere.

[Bushbasher]

Originally Posted by Gee-dog

This hasn't been mentioned yet - when he transfers his car rego to SA he will need to go to the Regency Park ID inspection place, where they will confirm that the VIN & engine numbers are correct. They will also cast an eye over the car, and if they don't like what they see they will send him to the "other" Regency Park for a full roadworthy. I don't think many cars go through this without something being found. I had an experience with them 30 years ago, and have no wish to repeat it.

I bought a Delica from NSW and had it trucked to Adelaide. Drove to Regency Pk to the inspection shed, they looked it over (all stock) and sent me back to the rego office for rego and plates. It took less than an hour total and was pain free.

Originally Posted by Gee-dog

This is if he is in or near Adelaide - not sure what the process is in the country. Your footy team comment suggests he may be in a country town.

Drove my Fairlane from Melbourne on a permit to home then down to the local cop. He checked the vin and walked around the car to make sure all the lights worked and the tyres were ok then signed off on the car. I then drove it to Pt Lincoln and got it reg'd and issued new plates. Again, took about an 90 minutes total and that included the 60km drive to Pt Lincoln after the vin check. Too easy, and painless.

[jpblue1000]

Originally Posted by Gee-dog

This hasn't been mentioned yet - when he transfers his car rego to SA he will need to go to the Regency Park ID inspection place, where they will confirm that the VIN & engine numbers are correct. They will also cast an eye over the car, and if they don't like what they see they will send him to the "other" Regency Park for a full roadworthy. I don't think many cars go through this without something being found. I had an experience with them 30 years ago, and have no wish to repeat it.

This is if he is in or near Adelaide - not sure what the process is in the country. Your footy team comment suggests he may be in a country town.

I have just done the rego transfer (Vic to SA) and didn't have to go to regency, didn't have to present the car to anyone. This is only necessary if you are transferring ownership or the car is out of rego in the other state. If he owns the car and its currently registered in his name then its a straight paper exchange over the counter.
That's my experience recently.

JP

[Gee-dog]

Sorry Bushbasher - the "not many cars get through this" comment doesn't refer to the ID check, but to the "pits" section of Regency. If the R-Soles at the ID check don't like you or your car, they will send you to the pits, and not many cars get through the pits the first time. I've taken several cars through the ID check in recent years, but I'm an old fart & the cars were clean and un-modified - not really a target for them. I daresay the OP's son is considerably younger than me, and I don't know what car he has or what mods it has. My post was simply to make him aware of the possible outcomes if he tries to transfer the rego. I have no doubt that many people go through the ID check with no issues, but I know of several who haven't.

[mash again]

in the SA country areas the police do the vin and engine number check, so go for a drive and dont use regency.

[aussiblue]

Your footy team comment suggests he may be in a country town.

Whyalla. He still using his WA address for voting, tax etc. and hopes to return to WA soon but has now been in SA 6 months. That why I would like to see how the law defines "permanent residence" in his view it's temporary residence albeit in may end up being 12 months. His police mates keep telling him he should get SA registration and Driver's Licence but can't quote a interpretation reg; just the SA DOT website. The risk is he will change everything to SA and a few weeks later return to WA. I guess the fact that he has a permanent job in Whyalla (albeit that the employee is looking at letting him transfer to aWA office in due course) and plays in the local sports teams does support the case of permanent State residency.

[mash again]

snap, whyalla was the country town i was refering to, police do the check then walk in rego, i would say yes hes a permanent resident unless hes fifo etc. if this is his permanent address then he is a sa resident.

[malazn mafia]

What if you are in a different state depending what day of the week? Which is your home state in that case? They should just have a Federal Car Registration and Drivers License, otherwise what is the point of a Federation? might as well split each state into different countries.

[aussiblue]

This is proving much harder to do than expected as he cannot meet this requirement:

Evidence of residential address for registration and licensing purposes

You only need to supply one of the documents listed here if your residential address is not included on a category A or category B document:
•current South Australian vehicle registration certificate
•South Australian driver's licence or vehicle registration renewal for the coming period
•contract of sale, lease arrangement or rental receipt for your place of residence up to two years old
•last or current financial year Australian Taxation Office tax assessment (please black out your Tax File Number)
•certificate or statement of enrolment from an educational institution (up to one year old)
•a letter signed by the principal/deputy principal/head of school or a person with authority to sign for the principal/deputy principal/head of school of a recognised educational institution, on the institution's letterhead, which verifies your address (up to one year old)
•A completed MR1418 Confirmation of residential address and signature to enrol a client with the Registrar of Motor Vehicles 68.2 KB form (available from a Service SA customer service centre)
or a letter (up to one year old) from a bank, building society or credit union that shows your full name and demonstrates your residential address has been verified by the bank, building society or credit union.
Please note: statements and electronic 'screen dumps' from financial institutions are not acceptable with, or without, financial institution branch stamps

He's coming back to WA in March so he doesn't want to change all his postal addresses.