Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

SA Finally, a solid answer on Derestricting

Discussion in 'Politics, Laws, Government & Insurance' started by Crashtastic, Aug 4, 2015.

  1. Hey all,

    had an interesting response from the SA government about pulling the restrictions out of LAMS motorcycles. The response I got is as follows:

    "I have been asked to respond to your enquiry re the de-restricting of a LAMS approved motorbike.

    Firstly, there is no legislative requirement for the bike owner to notify the Registrar of Motor Vehicles if the throttle restriction is removed and no requirement for the bike to be inspected. Registration is also not affected as the registration fee is a flat fee for all bikes, and the compulsory third party (CTP) insurance premium payable is determined by the capacity (CCs) of the bike, not the power output.

    This is essentially a licensing and enforcement issue. If a person is detected riding the bike without holding an unrestricted bike licence, he or she would be committing an offence.

    There may be an issue in relation to the CTP insurance, in the event that the motorbike was involved in an accident that resulted in death or injury, and the rider was not the holder of an unrestricted motorbike licence. Allianz, who are the CTP Claims Manager, have previously indicated that there would be no issues with the CTP insurance provided the modification was completed by a qualified mechanic, and the rider holds an unrestricted licence.

    Although it is not our area of expertise, it may also be an issue from a consumer perspective, if you sold the bike as a LAMS approved motorcycle i.e. did not inform the new owner of the modification and the new owner was not appropriately licensed. You could leave yourself open for civil action by the new owner but again this is not our area."

    So, it seems that in SA at least, you can pull the restrictor out as long as,

    1) You hold a full license (makes sense), and
    2) You don't sell the bike without letting the new owner know it's not LAMS approved (or put the restrictor back in :whistle:),

    all without voiding CTP or breaking any laws. Looks like I'll be registering my bike in SA!
    • Informative Informative x 3
    • Like Like x 1
  2. Why don't you just get a non-LAMS bike? They're generally cheaper anyway...
  3. #3 Crashtastic, Aug 4, 2015
    Last edited: Aug 4, 2015
    Only getting my Ls for the road next weekend, so the law says no. Would if I could mate.

    This way I can get another year or so out the bike when I get off my restricted license.
  4. Oh right so you want to de restrict it after you graduate to black licence?
  5. When I get my full license, yeeeah, lets go with that. :whistle:.

    But seriously, yeah the plan is leave it restricted till I get my fulls then derestrict as required. I saw a bit of confusion on the forums about the laws surrounding LAMS mods so I figured I'd put this up as a bit of a PSA.
    • Funny Funny x 1
  6. As long as you update the information with the correct authorities (Eg VicRoads) indicating it is not a LAMS bike then you're all good. It a simple phone call to let them untick the "Yes" for LAMS once you are off LAMS restrictions as per your licence.
  7. Seems in SA you don't even need to let them know.
  8. This topic has been done to death.

    Can you do it? Yes.
    Should you do it? Nope - not worth it.

    Why No?
    1. It can't ever be re-LAMS-ed
    2. It's worth considerably less as a re-registered, unrestricted LAMS bike
    3. You'll get sick of it "unrestricted" and buy something else anyway
    4. See point 1 then 2
    5. That's why No.
    • Agree Agree x 2
    • Dislike Dislike x 1
  9. That's odd, I'll have to have a look around. LAMS rider means LAMS bike. LAMS bike means anything on the LAMS list on RMS website, and there's also list of requirements the bikes must comply with. This is verbatim from the nsw RMS website:

    Important: It’s your responsibility to make sure that you’re riding an approved motorcycle if you hold a learner, P1 or P2 rider licence.

    Motorcycles cannot be modified or restricted in order to be reclassified as approved motorcycles.

    For a motorcycle to remain approved for use by novice riders it must not be modified in any way from its manufacturer’s standard specifications.

    Only motorcycles that retain all of the manufacturer’s original equipment for that model and model variant will retain novice rider status under the Learner Approved Motorcycle scheme (LAM).

    As far as I can tell this means anything from slip on exhausts and after market levers/mirrors/pedals to chain and sprocket conversions and changing numbers of sprocket teeth. I guess everyone mods their bike a bit, so it depends on how lenient the cops want to be but reading that I get the idea that you can't really alter the bike at all if you still want it to comply with the LAMS.
  10. JayteeJaytee are you saying you need to notify authorities if you alter a LAMS bike?
  11. I'd have thought if you were fully licensed you could do what you wanted to your bike... It's only against the law if someone with a learner or provisional licence rides it. I suppose that might mean they need to know if your bike no longer complies. Interesting...
  12. We need to remember that the laws vary from state to state. While removing the restriction is an annoyingly bureaucratic process in NSW and VIC (and probably other states, but I haven't looked into it), it seems in SA it's super simple. No need to re rego, and can be sold once the restrictor is replaced without needing to tell anyone or fill out any paperwork. Simples.
  13. So any modifications to a LAMS bike in nsw requires paperwork and re registration? Even if the rider is licenced to ride the bike regardless? That's incredible... I wonder how they a) police that, and b) whyyyyy.... Haha nsw has always been the stupider state though
  14. If that's true and accurate.......well........
  15. It's funny when newbies think they'll derestrict their Lams bike and keep it for years. Remember the golden rule. Lams bikes are like Herpes lots of fun getting it, but after a while you really should get rid of it.
    • Funny Funny x 3
  16. The process in Victoria goes something like this
    1. Bike is first registered as LAMS
    2. Restriction removed
    3. Bike re-registered with compliance as non-LAMS - that is to say, original registration is nullified. The bike VIN is reallocated to new registration.
    4. Bike is essentially (legally) 're-birthed' with new registration as non-LAMS
    5. Bike can never be re-restricted or sold as LAMS
    6. Bike is essentially worthless on the open market
    • Dislike Dislike x 1
  17. Not planning on hanging onto it for years, but if I can derestrict without consequence I would for the 6 months or so while I look for a new bike.

    Been looking at the vic laws, and given the option, I'm going to register the bike in SA to avoid exactly that process. Will also be going for my provisional in SA so I only have 12 months, not the 3 years in Vic.
  18. Make sure that your licence isn't based on your home address - I'm in nsw and registration, for example, is cheaper in every other state, but I'm not allowed to register my vehicles elsewhere unless i provide proof of residence in the desired state...
  19. Crashtastic,good on ya mate. Do what ya gotta do.
    Many here will miss your first posts point don't let it bother you.
  20. As a point of interest , what type of bike are you de-restricting and is it a simple throttle restriction or something more like an ECU etc?

    Reason i ask is it may not be worth the effort to do so, might be easier to get the 'fully loaded' version.