Road Traffic Act 1961 (SA)

South Australia

Road Traffic Act 1961

An Act to prescribe the duties of road users; to provide for nationally consistent road rules; to provide for vehicle standards, mass and loading requirements and other safety measures in relation to light vehicles; to regulate the identification of vehicles; to provide for the installation, use and maintenance of traffic control devices; to provide for the closing of roads for traffic management and other purposes; to provide for the use of photographic detection devices; to provide for the enforcement of Australian road laws and the recognition of administrative actions and court orders of other Australian jurisdictions; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Road Traffic Act 1961.

2Crown is bound

1. (1)

   This Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, in all its other capacities.

2. (2)

   No criminal liability attaches to the Crown itself (as distinct from its agents, instrumentalities, officers and employees) under this Act.

5Interpretation

1. (1)

   In this Act, unless the contrary intention appears—

accident includes—

1. (a)

   a collision between 2 or more vehicles; or

2. (b)

   any other accident or incident involving a vehicle in which a person is killed or injured, property is damaged, or an animal in someone's charge is killed or injured;

air cushioned vehicle means a motor vehicle (commonly known as a ground effect machine or hovercraft) which is supported during operation, above land or water, by air vertically displaced by means of the power plant of the vehicle;

area means a municipality or district council district;

articulated motor vehicle means a combination consisting of a prime mover towing one semi-trailer;

Australian Authority means the Minister, the Registrar of Motor Vehicles or a corresponding Authority;

Australian road law means a road law or a corresponding road law;

Australian road law offence means an offence against an Australian road law;

authorised officer means—

1. (a)

   a person appointed as an authorised officer under section 35 or a person of a class of persons appointed as authorised officers under that section; or

2. (b)

   a police officer;

axle means one or more shafts positioned in a line across a vehicle, on which one or more wheels intended to support the vehicle turn;

axle group means a single axle group, tandem axle group, twinsteer axle group, tri‑axle group or quad-axle group;

bicycle means a vehicle with 2 or more wheels that is built to be propelled by human power through a belt, chain or gears (whether or not it has an auxiliary motor), and—

1. (a)

   includes a pedicab, penny‑farthing and tricycle; and

2. (b)

   includes a power assisted pedal cycle (within the meaning of vehicle standards determined under the Motor Vehicle Standards Act 1989 of the Commonwealth); but

3. (c)

   does not include a wheelchair, wheeled recreational device, wheeled toy, or any vehicle (other than a vehicle referred to in paragraph (b)) with an auxiliary motor capable of generating a power output over 200 watts (whether or not the motor is operating);

body corporate includes the Crown in any capacity and any body or entity that is not a natural person;

breach of a light vehicle mass, dimension or load restraint requirement—see section 119;

breach of a light vehicle standards or maintenance requirement—see section 116;

bus means a motor vehicle built mainly to carry people that seats over 12 adults (including the driver);

capabilities of a vehicle means the functional capabilities of the vehicle or any of its components, as determined by the vehicle's manufacturer or by an Australian Authority, and includes—

1. (a)

   its GCM and GVM; and

2. (b)

   its speed capabilities;

combination means a group of vehicles consisting of a motor vehicle towing 1 or more vehicles;

condition includes a limitation;

conduct means an act, or an omission to perform an act, or a state of affairs;

contravene includes fail to comply with;

corresponding Authority means—

1. (a)

   the Authority as defined in a corresponding road law (except in the case of a jurisdiction for which a declaration is made under paragraph (b)); or

2. (b)

   a person declared under the regulations to be the corresponding Authority for another jurisdiction for the purposes of this Act;

corresponding law means a law of another jurisdiction that is declared under the regulations to be a corresponding law;

corresponding road law means—

1. (a)

   a law declared under the regulations to be a corresponding road law for another jurisdiction for the purposes of this Act; or

2. (b)

   except in the case of a jurisdiction for which a declaration is made under paragraph (a), a road law, or applicable road law, as defined in a corresponding law;

council means a municipal or district council;

cycle means a bicycle or a motor bike;

drink driving offence means—

1. (a)

   an offence against section 47(1) or (1a) involving the driving of a motor vehicle, or attempting to put a motor vehicle in motion, while so much under the influence of intoxicating liquor as to be incapable of exercising effective control of the vehicle; or

2. (b)

   an offence against section 47B(1), 47B(1a), 47E(3), 47E(3a), 47I(7) or 47I(14);

drive a vehicle includes be in control of the steering, movement or propulsion of the vehicle;

driver of a vehicle (other than a motor bike, bicycle, animal or animal‑drawn vehicle) means the person driving the vehicle but does not include a person pushing a motorised wheelchair;

driver's licence means a licence under the Motor Vehicles Act 1959 and includes a learner's permit;

drug driving offence means—

1. (a)

   an offence against section 47(1) or (1a) involving the driving of a motor vehicle, or attempting to put a motor vehicle in motion, while so much under the influence of a drug as to be incapable of exercising effective control of the vehicle; or

2. (b)

   an offence against section 47BA(1), 47BA(1a), 47EAA(9), 47EAA(9a), 47I(7) or 47I(14);

employee means a natural person who works under a contract of employment, apprenticeship or training or a contract for services;

employer means a person who employs persons under—

1. (a)

   contracts of employment, apprenticeship or training; or

2. (b)

   contracts for services;

engage in conduct means—

1. (a)

   do an act; or

2. (b)

   omit to perform an act;

equipment, in relation to a vehicle, includes tools, devices and accessories in or on the vehicle;

extract from a record, device or other thing means a copy of any information contained in the record, device or other thing;

garage address of a vehicle means—

1. (a)

   in the case of a vehicle normally kept at a depot when not in use—the principal depot of the vehicle; or

2. (b)

   in any other case—the address of the place of business or residence at which the vehicle is normally kept when not in use;

GCM of a vehicle means the greatest possible sum of the maximum loaded mass of the vehicle and of any vehicles that may lawfully be towed by it at any one time—

1. (a)

   as specified by the vehicle's manufacturer; or

2. (b)

   as specified by an Australian Authority if—

   1. (i)

      the manufacturer has not specified the sum of the maximum loaded mass; or

   2. (ii)

      the manufacturer cannot be identified; or

   3. (iii)

      the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;

goods includes—

1. (a)

   animals (whether alive or dead); and

2. (b)

   a container (whether empty or not),

but does not include—

1. (c)

   people; or

2. (d)

   fuel, water, lubricants and readily removable equipment required for the normal use of the vehicle in which they are carried; or

3. (e)

   personal items used by the driver of the vehicle, or someone else necessary for the normal use of the vehicle, in which they are carried;

GVM of a vehicle means the maximum loaded mass of the vehicle—

1. (a)

   as specified by the vehicle's manufacturer; or

2. (b)

   as specified by an Australian Authority if—

   1. (i)

      the manufacturer has not specified a maximum loaded mass; or

   2. (ii)

      the manufacturer cannot be identified; or

   3. (iii)

      the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;

heavy vehicle means a vehicle that is a heavy vehicle for the purposes of the Heavy Vehicle National Law (South Australia);

Heavy Vehicle National Law (South Australia) has the same meaning as in the Heavy Vehicle National Law (South Australia) Act 2013;

Heavy Vehicle National Regulations (South Australia) has the same meaning as in the Heavy Vehicle National Law (South Australia) Act 2013;

home address of a person means—

1. (a)

   in the case of a natural person—the person's residential address or place of abode in Australia; or

2. (b)

   in the case of a body corporate that has a registered office in Australia—the address of the registered office; or

3. (c)

   in any other case—the address of the person's principal or only place of business in Australia;

installation, in relation to a traffic control device, includes the painting or formation of any marks or structure that constitute, or form part of, the traffic control device;

intelligent transport system means a system involving the use of electronic or other technology (whether located in or on a vehicle, or on or near a road, or elsewhere) that has the capacity and capability to monitor, collect, store, display, analyse, transmit or report information relating to—

1. (a)

   a vehicle or its equipment or load, the driver of a vehicle, the operator of a fleet of vehicles or another person involved in road transport; and

2. (b)

   without limiting the above, the operation of a vehicle in relation to its legal entitlements;

journey documentation means any documentation (other than transport documentation) directly or indirectly associated with—

1. (a)

   the actual or proposed physical transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or

2. (b)

   goods or passengers themselves so far as the documentation is relevant to their actual or proposed physical transport,

whether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and whether or not the documentation relates to a particular journey or to journeys generally, and includes (for example) any of the following:

1. (c)

   records kept, used or obtained by a responsible person in connection with the transport of the goods or passengers;

2. (d)

   workshop, maintenance and repair records relating to a vehicle used, or claimed to be used, for the transport of the goods or passengers;

3. (e)

   a subcontractor's payment advice relating to the goods or passengers or the transport of the goods or passengers;

4. (f)

   records kept, used or obtained by the driver of the vehicle used, or claimed to be used, for the transport of the goods or passengers, including (for example) a driver's run sheet, a work diary entry, a fuel docket or receipt, a food receipt, a tollway receipt, pay records and mobile or other phone records;

5. (g)

   information reported through the use of an intelligent transport system;

6. (h)

   driver manuals and instruction sheets;

7. (i)

   advice in any form from check weighing performed before, during or after a journey;

jurisdiction means the Commonwealth or a State or Territory;

learner's permit means a learner's permit under the Motor Vehicles Act 1959;

legal entitlements of a vehicle (or component of a vehicle) means the particulars of the entitlements, conferred under an Australian road law or the Heavy Vehicle National Law (South Australia) Act 2013, that authorise the vehicle (or component) to be operated on a road, and includes—

1. (a)

   any entitlements arising under or as affected by a permit, registration, authorisation, approval, exemption, notice or anything else given or issued in writing under an Australian road law or the Heavy Vehicle National Law (South Australia) Act 2013; and

2. (b)

   any entitlements arising under or as affected by restrictions, or by the application of restrictions, under an Australian road law, the Heavy Vehicle National Law (South Australia) Act 2013 or other laws (for example, sign‑posted mass limits for bridges, hazardous weather condition permits, and special road protection limits);

light motor vehicle means a motor vehicle that is not a heavy vehicle;

light vehicle means a vehicle that is not a heavy vehicle;

light vehicle mass and loading requirements—see section 113;

light vehicle mass, dimension or load restraint requirement means—

1. (a)

   a light vehicle mass and loading requirement; or

2. (b)

   a requirement of the Australian Road Rules relating to mass limits where the mass limits are indicated by signs (for example, sign‑posted bridge limits);

light vehicle standards—see section 111;

load of a vehicle, or in or on a vehicle, means—

1. (a)

   all the goods, passengers, drivers and other persons in or on the vehicle; and

2. (b)

   all fuel, water, lubricants and readily removable equipment carried in or on the vehicle and required for its normal use; and

3. (c)

   personal items used by the vehicle's driver or someone else necessary for the normal use of the vehicle; and

4. (d)

   anything that is normally removed from the vehicle when not in use,

and includes a part of a load as so defined;

mass limit means a mass limit specified in or applying under light vehicle mass, dimension or load restraint requirements;

medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

motor bike means a motor vehicle with two wheels, and includes a two wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel;

motor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle;

night means the period between sunset on one day and sunrise on the next day;

operator of a vehicle means—

1. (a)

   in the case of a vehicle other than a combination but including a vehicle in a combination—a person responsible for controlling or directing the use of the vehicle; or

2. (b)

   in the case of a combination—a person responsible for controlling or directing the use of the towing vehicle in the combination,

and includes the registered operator of the vehicle; (however, a person is not an operator of a vehicle merely because the person does any or all of the following:

1. (c)

   owns the vehicle;

2. (d)

   drives the vehicle;

3. (e)

   maintains or arranges for the maintenance of the vehicle;

4. (f)

   arranges for the registration of the vehicle);

owner of a vehicle means—

1. (a)

   in the case of a vehicle other than a combination but including a vehicle in a combination—

   1. (i)

      a person who is the sole owner, a joint owner or a part owner of the vehicle; or

   2. (ii)

      a person who has possession or use of the vehicle under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else; or

2. (b)

   in the case of a combination—

   1. (i)

      a person who is the sole owner, a joint owner or a part owner of the towing vehicle in the combination; or

   2. (ii)

      a person who has possession or use of the towing vehicle in the combination under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else,

and includes a registered owner of the vehicle;

park includes stop;

pedestrian includes—

1. (a)

   a person driving a motorised wheelchair that cannot travel at over 10 kilometres per hour (on level ground); and

2. (b)

   a person in a non-motorised wheelchair; and

3. (c)

   a person pushing a motorised or non-motorised wheelchair; and

4. (d)

   a person in or on a wheeled recreational device or wheeled toy;

photograph includes an image produced from an electronic record made by a digital or other electronic camera, and photographic has a corresponding meaning;

photographic detection device means an apparatus of a kind approved by the Governor as a photographic detection device;

premises includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place;

prime mover means a motor vehicle designed to tow a semi-trailer;

public authority means—

1. (a)

   a police force or police service or the Crown in any other capacity; or

2. (b)

   a body established under law, or the holder of an office established under law, for a public purpose, including a local government authority;

public place includes a place—

1. (a)

   of public resort open to or used by the public as of right; or

2. (b)

   for the time being—

   1. (i)

      used for a public purpose; or

   2. (ii)

      open to access by the public,

whether on payment or otherwise; or

1. (c)

   open to access by the public by the express or tacit consent or sufferance of the owner of that place, whether the place is or is not always open to the public,

but does not include—

1. (d)

   a track that at the material time is being used as a course for racing or testing motor vehicles and from which other traffic is excluded during that use; or

2. (e)

   a place declared by the regulations not to be a public place;

public safety means the safety of persons or property, including the safety of—

1. (a)

   the drivers of, and passengers and other persons in, vehicles; and

2. (b)

   persons or property in or in the vicinity of, or likely to be in or in the vicinity of, road infrastructure and public places; and

3. (c)

   vehicles and any loads in or on them;

quad‑axle group means a group of 4 axles, in which the horizontal distance between the centre‑lines of the outermost axles is more than 3.2 metres, but not more than 4.9 metres;

records means any documents, documentation or records, whether in paper, electronic or any other form;

registered nurse means a person registered under the Health Practitioner Regulation National Law—

1. (a)

   to practise in the nursing profession as a nurse (other than as a student); and

2. (b)

   in the registered nurses division of that profession;

registered operator of a vehicle means—

1. (a)

   in the case of a vehicle other than a combination but including a vehicle in a combination—the person registered or recorded as the operator of the vehicle by the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 or by another Australian Authority on a register maintained under an Australian road law; or

2. (b)

   in the case of a combination—the person registered or recorded as the operator of the towing vehicle in the combination by the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 or by another Australian Authority on a register maintained under an Australian road law;

registered owner of a vehicle means—

1. (a)

   in the case of a vehicle other than a combination but including a vehicle in a combination—a person registered or recorded as an owner of the vehicle by the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 or by another Australian Authority on a register maintained under an Australian road law; or

2. (b)

   in the case of a combination—a person registered or recorded as an owner of the towing vehicle in the combination by the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 or by another Australian Authority on a register maintained under an Australian road law;

Registrar of Motor Vehicles or Registrar means the person holding or acting in the office of Registrar of Motor Vehicles under the Motor Vehicles Act 1959, and includes any person acting on behalf of the Registrar in accordance with that Act;

responsible person means a person having, at a relevant time, a role or responsibilities associated with road transport, and includes any of the following:

1. (a)

   an owner of a vehicle;

2. (b)

   a driver of a vehicle;

3. (c)

   an operator or registered operator of a vehicle;

4. (d)

   a person in charge or apparently in charge of a vehicle;

5. (e)

   a person in charge or apparently in charge of the garage address of a vehicle;

6. (f)

   a person in charge of premises entered by an authorised officer under this Act;

7. (g)

   an owner or operator of a weighbridge, or weighing facility, used to weigh vehicles or an occupier of premises where such a weighbridge or weighing facility is located;

8. (h)

   a person who controls or directly influences the loading or operation of a vehicle;

9. (i)

   an agent, employer, employee, contractor or subcontractor of a person referred to in any of the preceding paragraphs of this definition;

ride, for the rider of a motor bike or animal-drawn vehicle, includes be in control of;

rider means a rider of a motor bike, bicycle, animal or animal-drawn vehicle; the term does not include a passenger or a person walking beside and pushing a bicycle;

road means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving of motor vehicles;

road authority means—

1. (a)

   an authority, person or body that is responsible for the care, control or management of a road; or

2. (b)

   any person or body prescribed by the regulations for the purposes of this definition, in relation to specified roads or specified classes of roads;

road infrastructure includes—

1. (a)

   a road, including its surface or pavement; and

2. (b)

   anything under or supporting a road or its surface or pavement and maintained by a road authority; and

3. (c)

   any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road; and

4. (d)

   any bridge or other work or structure located above, in or on a road and maintained by a road authority; and

5. (e)

   any traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a)—(d); and

6. (f)

   anything declared by the regulations to be included in this definition,

but does not include anything declared by the regulations to be excluded from this definition;

road law means this Act, the Motor Vehicles Act 1959 or rules or regulations under either of the Acts;

road law offence means an offence against a road law;

road-related area means any of the following:

1. (a)

   an area that divides a road;

2. (b)

   a footpath or nature strip adjacent to a road;

3. (c)

   an area that is not a road and that is open to the public and designated for use by cyclists or animals;

4. (d)

   any public place that is not a road and on which a vehicle may be driven, whether or not it is lawful to drive a vehicle there;

seat belt means a belt or device fitted to a motor vehicle and designed to restrain or limit the movement of a person who is seated in the motor vehicle if it suddenly accelerates or decelerates;

semi-trailer means a trailer that has—

1. (a)

   1 axle group or a single axle towards the rear; and

2. (b)

   a means of attachment to a prime mover that results in some of the mass of the trailer's load being imposed on the prime mover;

series of photographs includes a film, video or other continuous visual recording;

single axle means an axle not forming part of an axle group;

single axle group means a group of 2 or more axles, in which the horizontal distance between the centre-lines of the outermost axles is less than 1 metre;

specifications of a vehicle means the physical dimensions and other physical attributes of the vehicle and its fittings;

start, in relation to a vehicle's engine, includes run the engine;

tandem axle group means a group of at least 2 axles, in which the horizontal distance between the centre-lines of the outermost axles is at least 1 metre, but not more than 2 metres;

traffic includes vehicles and pedestrians;

traffic control device means a sign, signal, marking, structure or other device or thing, to direct or warn traffic on, entering or leaving a road, and includes—

1. (a)

   a traffic cone, barrier, structure or other device or thing to wholly or partially close a road or part of a road; and

2. (b)

   a parking ticket-vending machine and parking meter;

traffic speed analyser means an apparatus of a kind approved by the Governor as a traffic speed analyser;

trailer, in relation to a motor vehicle, means a vehicle that is built to be towed or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed;

tram includes a light rail vehicle;

transport documentation means—

1. (a)

   any contractual documentation directly or indirectly associated with—

   1. (i)

      a transaction for or relating to the actual or proposed transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or

   2. (ii)

      goods or passengers themselves so far as the documentation is relevant to their actual or proposed transport; or

2. (b)

   any associated documentation—

   1. (i)

      contemplated in the contractual documentation; or

   2. (ii)

      required by law, or customarily provided, in connection with the contractual documentation or with the transaction,

whether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and includes (for example) an invoice, vendor declaration, delivery order, consignment note, load manifest, export receival advice, bill of lading, contract of carriage or sea carriage document, relating to the goods or passengers;

tri-axle group means a group of at least 3 axles, in which the horizontal distance between the centre-lines of the outermost axles is more than 2 metres, but not more than 3.2 metres;

trolley includes a shopping trolley and any other kind of handcart;

twinsteer axle group means a group of 2 axles:

1. (a)

   with single tyres; and

2. (b)

   fitted to a motor vehicle; and

3. (c)

   connected to the same steering mechanism; and

4. (d)

   the horizontal distance between whose centre-lines is at least 1 metre, but not more than 2 metres;

unladen mass, in relation to a vehicle, means the mass of the vehicle without any load other than the petrol, oil, tools or prescribed equipment carried (either habitually or intermittently) on the vehicle;

vehicle includes—

1. (a)

   a motor vehicle, trailer and a tram; and

2. (b)

   a bicycle; and

3. (c)

   an animal-drawn vehicle, and an animal that is being ridden or drawing a vehicle; and

4. (d)

   a combination; and

5. (e)

   a motorised wheelchair that can travel at over 10 kilometres per hour (on level ground),

but does not include another kind of wheelchair, a train, or a wheeled recreational device or wheeled toy;

walk includes run;

wheelchair means a chair mounted on two or more wheels that is built to transport a person who is unable to walk or has difficulty in walking, but does not include a pram, stroller or trolley;

wheeled recreational device means a device or vehicle prescribed by regulation as a wheeled recreational device for the purposes of this definition;

wheeled toy means a device or vehicle prescribed by regulation as a wheeled toy for the purposes of this definition.

1. (2)

   For the purposes of this Act the mass carried on an axle, or axle group, of a vehicle will be taken to be the force required to counterbalance the aggregate of the gravitational forces exerted on the surface of the road by the wheels of that axle or axle group.

2. (3)

   For the purposes of this Act, a vehicle will be taken to be attached to another vehicle if it is drawn by that other vehicle, despite the fact that the vehicles are not directly attached to each other.

3. (4)

   For the purposes of this Act, an act or omission of a person causes a thing to occur if the person's act or omission substantially contributes to the occurrence of the thing.

5AApplication of Act to vehicles and road users on roads

This Act applies to vehicles and drivers, riders, passengers and pedestrians on roads.

6Drivers and riders

Unless it is otherwise expressly stated, a reference in this Act to a driver includes a reference to a rider, and a reference to driving includes a reference to riding.

6ARoads and road-related areas

A reference in this Act to a road includes a reference to a road-related area unless it is otherwise expressly stated.

7Drivers of trailers

For the purposes of this Act, a person who drives a motor vehicle or bicycle to which a trailer is attached will be taken to be the driver of the trailer and the trailer will be taken to be driven by that person.

8References to Australian Road Rules

Unless the contrary intention appears, a reference in this Act or any other Act or law to the Australian Road Rules is a reference to the Australian Road Rules as they apply in this jurisdiction (the operation of the Australian Road Rules in this jurisdiction may be affected by this Act, or by regulations made under this Act—see section 80).

10Act in addition to and not in derogation of other Acts

This Act is in addition to, and does not derogate from, the provisions of any other Act.

Part 2Administrative provisionsDivision 1The Minister11Delegation by Minister

1. (1)

   The Minister may, by instrument in writing, delegate any of the powers or functions conferred on, or assigned to, the Minister by or under this Act—

   1. (a)

      to a particular person or committee; or

   2. (b)

      to the person for the time being occupying a particular position; or

   3. (c)

      to a council.

2. (2)

   If a delegation is made to a committee under this section, the instrument of delegation may regulate the procedures to be followed by the committee and (without limiting the generality of that power) may empower the committee to act by decision of the majority of its members present at a meeting.

3. (2a)

   A power or function delegated under this section may, subject to the conditions of the instrument of delegation, be further delegated by instrument in writing.

4. (3)

   A delegation under this section—

   1. (a)

      may be unconditional or subject to conditions specified by the delegator; and

   2. (b)

      does not derogate from the power of the delegator to act personally in any matter; and

   3. (c)

      is revocable at will by the delegator.

12Power of Minister in relation to approvals

For the purposes of this Act, any approval of the Minister required under this Act—

1. (a)

   may, if the Minister thinks fit, be of a general nature extending to matters specified by the Minister; and

2. (b)

   may be unconditional or subject to conditions specified by the Minister.

Division 2Traffic control devices

16Roads under care etc of Commissioner of Highways

1. (2)

   For the purposes of this Part, a road is under the care, control and management of the Commissioner of Highways if the Commissioner has, under the Highways Act 1926 taken over the maintenance and repair of that road.

17Installation etc of traffic control devices – general provision

1. (1)

   A road authority may, with the approval of the Minister (or in accordance with a roadworks permit issued under section 20), install, maintain, alter or operate, or cause to be installed, maintained, altered or operated, a traffic control device on, above or near a road.

2. (2)

   A road authority may, with the approval of the Minister (or in accordance with a roadworks permit issued under section 20), remove a traffic control device or cause a traffic control device to be removed.

3. (3)

   Any authority, body or person may, with the approval of the Minister (or in accordance with a roadworks permit issued under section 20), install, display, alter, operate or remove traffic control devices—

   1. (a)

      in relation to an area where persons are engaged in work or an area affected by works in progress; or

   2. (b)

      in relation to a part of a road temporarily closed to traffic under this or any other Act; or

   3. (c)

      for any temporary purposes.

4. (4)

   An approval of the Minister under this section may be issued—

   1. (a)

      in relation to an authority, body or person of a class determined (from time to time) by the Minister; or

   2. (b)

      in relation to an authority, body or person on an application under this section.

5. (5)

   An application for an approval of the Minister must be made in a manner determined by the Minister (which may differ between applications according to factors determined by the Minister) and be accompanied by a fee fixed by, or calculated in accordance with, the regulations.

6. (6)

   An approval issued by the Minister under this section may—

   1. (a)

      be subject to such conditions as the Minister thinks fit; and

   2. (b)

      be varied, suspended or revoked at any time by the Minister (including, without limitation, as a penalty for breach of conditions of the approval or while any alleged breach of conditions is under investigation).

7. (7)

   Without limiting the circumstances in which the Minister may refuse to issue an approval for the purposes of this section, the Minister may refuse to issue an approval if any person who has been found guilty of an offence against section 21 is to be responsible for installing, displaying, altering, operating or removing traffic control devices pursuant to the approval.

18Direction as to installation etc of traffic control devices

1. (1)

   The Minister may direct a road authority to install, maintain, alter, operate or remove a traffic control device on, above or near a road in accordance with the direction of the Minister.

2. (5)

   The road authority to which a direction is given under this section is obliged to comply with the direction.

3. (6)

   If a road authority fails to comply with a direction under this section, the Minister may direct—

   1. (a)

      the Commissioner of Highways; or

   2. (b)

      the council for the area in which the work is to be carried out,

to carry out the direction with which the road authority has failed to comply.

1. (7)

   Subject to subsection (8), the Commissioner of Highways or a council may recover, as a debt due from the defaulting road authority, any expenses incurred in carrying out a direction under subsection (6).

2. (8)

   The Commissioner or the council is not entitled to recover under subsection (7) any amount that is to be borne by the Commissioner or the council, as the case may be, in accordance with this Part.

19Cost of traffic control devices and duty to maintain

1. (1)

   Subject to this section, the cost of installing, maintaining, altering, operating or removing a traffic control device must be borne by the road authority in which the care, control or management of the road to which the device relates is vested.

2. (2)

   Subsection (1) applies subject to any provision of another Act or a regulation under this Act that declares that the cost of installing, maintaining, altering, operating or removing traffic control devices of a specified class must be borne by a specified authority, body or person (other than the road authority referred to in that subsection).

3. (5)

   The cost of installing, maintaining, altering, operating or removing a traffic control device—

   1. (a)

      the purpose of which is to regulate, restrict or prohibit the parking of vehicles; and

   2. (b)

      which has been, or is to be, installed by a council or other road authority under powers conferred by statute,

must (except where the traffic control device is a device of a class declared by regulation to be a class of traffic control device to which the provisions of subsection (1) apply despite this subsection) be borne by that council or other road authority.

1. (6)

   An authority, body or person that is liable to bear the costs in relation to a traffic control device, must maintain the traffic control device in good order.

19ARecovery of cost of installing certain traffic control devices

1. (1)

   If—

   1. (a)

      a person carries on a business or other activity beside or near a road; and

   2. (b)

      the Minister is of the opinion that the installation, maintenance, alteration or operation of a traffic control device is required in view of the nature and extent of the business or activity and the volume of traffic generated by the conduct of that business or activity,

the Minister may, by notice served personally or by post, require the person by whom the business or other activity is conducted to pay to the road authority in which the care, control and management of the road is vested such amount, or periodical amounts, as may be specified in the notice towards defraying the cost of installing, maintaining, altering or operating the traffic control device.

1. (2)

   A person of whom a requirement has been made under subsection (1) may, within 30 days after service of the notice by which the requirement was made, appeal to the Supreme Court against the requirement and the Court may, on the hearing of the appeal, vary the requirement in such manner as it considers just in view of the extent to which the business or activity conducted by the appellant renders the installation, maintenance, alteration or operation of the traffic control device to which the requirement relates necessary or expedient.

2. (3)

   A road authority may recover any amount due to it under a requirement under this section as a debt, and must apply any amount paid to, or recovered by, it under any such requirement towards the cost of installing, maintaining, altering or operating the traffic control device to which the requirement relates.

3. (4)

   If the amount recovered in respect of a traffic control device in accordance with a requirement under this section is not sufficient to defray the whole of the cost of installing, maintaining, altering or operating the traffic control device, the remainder of the cost must be borne in accordance with the appropriate provisions of this Part.

20Work areas and work sites

1. (1)

   In this section—

category 1 hazardous work area means a work area that involves a hazard to workers or a greater than normal level of hazard for persons using the road;

category 2 hazardous work area means a work area that involves an unusually high level of hazard to workers or persons using the road;

prescribed road means—

1. (a)

   a road that is under the care, control and management of the Commissioner of Highways; or

2. (b)

   a road, or road of a class, prescribed by the regulations for the purposes of this definition;

public authority means any of the following:

1. (a)

   a Minister of the Crown;

2. (b)

   the Commissioner of Highways;

3. (c)

   a council;

4. (d)

   any other authority, body or person authorised by statute to carry out works on roads;

5. (e)

   an authority, body or person prescribed by the regulations;

roadworks permit—see subsection (4)(a);

speed limit signs means signs placed on a road in accordance with subsection (3);

work area means a portion of road—

1. (a)

   on which workers are, or may be, engaged; or

2. (b)

   on which vehicles or equipment relating to any works are placed; or

3. (c)

   that is otherwise affected by works in progress (whether those works are occurring on the road or elsewhere);

work site means a portion of road affected by works in progress, together with any additional portion of road used to regulate traffic in relation to those works or for associated purposes.

1. (2)

   A person exercising powers or performing functions under, or for the purposes of, this section must, in doing so, seek to protect the safety of workers, road users and other members of the public whilst having due regard to the inconvenience caused by traffic disruptions and the need to maintain reasonable traffic flows.

2. (3)

   An authority, body or person must, with a relevant authorisation and in accordance with this Part and any regulations made for the purposes of this Part, place signs on a road for the purpose of indicating a maximum speed to be observed by drivers while driving on, by or towards a work area or work site where workers are engaged, or works are in progress, at the direction of that authority, body or person.

3. (4)

   An authority, body or person has a relevant authorisation, for the purposes of subsection (3), to place speed limit signs on a road—

   1. (a)

      if the authority, body or person holds a permit issued by the Minister under this section (a roadworks permit) and the signs are placed on the road in accordance with the permit; or

   2. (b)

      if—

      1. (i)

         the authority, body or person is a public authority; and

      2. (ii)

         the work is required to be undertaken by the public authority as a matter of urgency; and

      3. (iii)

         the signs are placed on the road in accordance with an approval of the Minister under this Part; and

      4. (iv)

         the Minister is notified of the placement of the signs as soon as is practicable (and, in any case, within 2 hours after the signs are placed on the road); and

      5. (v)

         the signs are placed on the road for a period not exceeding 24 hours or such longer period as may be determined by the Minister on an application under subsection (9); or

   3. (c)

      if—

      1. (i)

         the signs will not relate to any prescribed roads; and

      2. (ii)

         the signs are placed on the road in accordance with an approval of the Minister under this Part.

         Note—

         If any prescribed roads are to be affected by speed limit signs, a roadworks permit is required unless paragraph (b) applies (in which case an approval of the Minister is still required).

1. 1. 1. If no prescribed roads are to be affected by speed limit signs, only an approval of the Minister is required.

2. (5)

   An authority, body or person must not close any portion of a prescribed road in connection with a work area or work site unless the authority, body or person holds a roadworks permit and closes the road in accordance with the permit.

3. (6)

   An application for a roadworks permit must be made in a manner determined by the Minister (which may differ between applications according to factors determined by the Minister) and be accompanied by a fee fixed by, or calculated in accordance with, the regulations.

4. (7)

   A roadworks permit—

   1. (a)

      must specify the period during which the permit remains in force; and

   2. (b)

      may specify periods within which specified works are to be completed, or specified actions are to be taken, and may impose monetary penalties on the permit holder for a failure to complete such work, or to take such action, within the specified period (and such penalties will be recoverable by the Minister as a debt); and

   3. (c)

      must include conditions requiring the holder of the permit to undertake risk assessment and other work site planning processes in accordance with requirements specified in the permit, or a standard or other document specified in the permit; and

   4. (d)

      may be subject to such other conditions as the Minister thinks fit; and

   5. (e)

      may be varied at any time by the Minister (including, without limitation, by extending any period or periods specified in the permit); and

   6. (f)

      may be suspended or revoked at any time by the Minister (including, without limitation, as a penalty for breach of conditions of the permit or while any alleged breach of conditions is under investigation).

5. (8)

   Without limiting the circumstances in which the Minister may refuse to issue a roadworks permit, the Minister may refuse to issue such a permit if any person who has been found guilty of an offence against section 21 is to be responsible for installing, displaying, altering, operating or removing speed limit signs pursuant to the permit.

6. (9)

   An application to the Minister for an extension of the 24 hour period referred to in subsection (4)(b)(v)—

   1. (a)

      may be made by telephone or any other manner prescribed by the regulations; and

   2. (b)

      must be made at least 3 hours before the end of that 24 hour period (unless the Minister is satisfied that there were good reasons for a delay in making the application).

7. (10)

   The maximum speed to be indicated by speed limit signs is as follows:

   1. (a)

      for a category 1 hazardous work area—40 kilometres an hour;

   2. (b)

      for a category 2 hazardous work area—25 kilometres an hour;

   3. (c)

      for a work site—

      1. (i)

         if the speed limit signs are placed on a road in accordance with a roadworks permit and the Minister has, either in the permit or by notice in writing to the holder of the permit, specified a maximum speed limit for the purposes of this paragraph—a maximum speed not exceeding the speed limit so specified; or

      2. (ii)

         in any other case—a maximum speed not exceeding 80 kilometres an hour.

8. (11)

   An authority, body or person that has placed speed limit signs on a road must ensure—

   1. (a)

      that the speed limit signs, or at least 1 other sign placed in, or in the vicinity of, the work area or work site, make it clear to road users that the speed limit signs relate to such an area or site (whether by including relevant symbols, the words "work area", "work site" or "roadworks" or in some other way); and

   2. (b)

      that the speed limit signs are not in place on the road during any period during which—

      1. (i)

         workers are not engaged at the work area; and

      2. (ii)

         the area of road affected by the works, or by vehicles or equipment relating to the works, does not involve a greater than normal level of hazard for persons using the road.

9. (12)

   If subsection (11)(b) is not complied with in relation to any speed limit signs—

   1. (a)

      the speed limit signs are of no effect for the purposes of this Act or any other Act or law during the period of non‑compliance; and

   2. (b)

      an authorised officer may alter or remove the speed limit signs.

10. (13)

    If a public authority has engaged a contractor to carry out works on behalf of the authority, the contractor will, in relation to those works, be treated as if they were the authority for the purposes of this Act (and if the public authority holds an approval under section 17, or a roadworks permit, in respect of those works, the contractor will be treated as if they were the holder of that approval or permit).

11. (14)

    This section does not apply to or in relation to—

    1. (a)

       SA Police or police officers; or

    2. (b)

       an authority, body or person, or class of authority, body or person, prescribed by regulation; or

    3. (c)

       a work area or work site, or class of work area or work site, prescribed by regulation.

12. (15)

    For the purposes of this section, workers will be taken to be engaged at a work area—

    1. (a)

       if the workers are present in the area or in the vicinity of the area; or

    2. (b)

       if the workers are temporarily absent from the area for a period not exceeding 2 hours.

13. (16)

    The regulations may prescribe standards or requirements for determining, for the purposes of this section—

    1. (a)

       whether or not a work area involves a hazard to workers or a greater than normal level of hazard for persons using the road; and

    2. (b)

       whether or not a work area involves an unusually high level of hazard to workers or persons using the road; and

    3. (c)

       the circumstances in which a portion of road will be taken to be—

       1. (i)

          affected by works in progress; or

       2. (ii)

          used to regulate traffic in relation to works or for associated purposes; and

    4. (d)

       the circumstances in which work will be taken to be required to be undertaken by a public authority as a matter of urgency.

14. (17)

    This section has effect despite any other Act or law.

20AAppeal to District Court

1. (1)

   An authority, body or person who has applied for an approval of the Minister under section 17 or for a roadworks permit under section 20 and who is dissatisfied with a decision of the Minister in relation to the application, or in relation to an approval or permit granted as a result of the application, may appeal to the District Court against the decision.

2. (2)

   If the Minister does not give reasons in writing for a decision when the decision is made, the Minister must do so within 1 month of the making of a request by the authority, body or person to whom the decision relates (provided that the request is made within 1 month of the making of the decision).

3. (3)

   An appeal must be instituted—

   1. (a)

      within 1 month of the making of the decision being appealed against; or

   2. (b)

      if a request for reasons in writing for the decision has been made under subsection (2)—within 1 month of the receipt of the reasons in writing.

4. (4)

   The Minister will be a party to an appeal under this section.

21Offences relating to traffic control devices

1. (1)

   A person who, without proper authority—

   1. (a)

      installs or displays a sign, signal, marking, structure or other device or thing on, above or near a road intending that it will be taken to be a traffic control device installed or displayed under this Act; or

   2. (b)

      intentionally alters, damages, destroys or removes a traffic control device installed or displayed under this Act,

is guilty of an offence.

Maximum penalty: $5 000 or imprisonment for one year.

1. (1a)

   An authority, body or person—

   1. (a)

      who contravenes section 20(3) by placing a speed limit sign on a road without obtaining the relevant authorisation required under that section; or

   2. (b)

      who contravenes section 20(5) by closing a portion of a prescribed road without obtaining a roadworks permit,

is guilty of an offence.

Maximum penalty:

1. (a)

   for a first offence—$20 000;

2. (b)

   for a subsequent offence—$50 000.

1. (2)

   In proceedings for an offence against subsection (1)(a) or subsection (1a), an apparently genuine document purporting to be a certificate of the Minister or a road authority certifying that there was not proper authority for the installation or display of a specified sign, signal, marking, structure or other device or thing as a traffic control device on, above or near a specified part of a road is to be accepted as proof of the matters so certified in the absence of proof to the contrary.

2. (3)

   The holder of an approval under section 17 or a roadworks permit under section 20 must comply with any conditions of the approval or permit relating to signs placed on a road under section 20 in respect of a work area or work site or any other traffic control devices used in connection with the work area or work site.

Maximum penalty:

1. (a)

   for a first offence—$20 000;

2. (b)

   for a subsequent offence—$50 000.

1. (4)

   In determining whether an offence is a first or subsequent offence for the purposes of subsection (1a) or (3), any previous offence against this section for which the defendant has been convicted or that the defendant has expiated will be taken into account, but only if the previous offence was committed or alleged to have been committed within the period of 5 years immediately preceding the date on which the offence under consideration was allegedly committed.

2. (5)

   If a court dealing with a charge of an offence against subsection (1a) or (3) is presented with evidence of—

   1. (a)

      any economic benefit to the defendant obtained by the commission of the offence; or

   2. (b)

      the estimated costs to government or to the community, or a section of the community, as a result of the commission of the offence (including, without limitation, costs relating to increased traffic congestion resulting from the commission of the offence),

the court may, on convicting the defendant of the offence, order the defendant to pay to the Crown (in addition to any penalty imposed) the amount of such economic benefit or of such costs, or any portion of such benefit or costs, that the court thinks fit in the circumstances.

21APayments to Highways Fund

The following amounts must be paid into the Highways Fund maintained under the Highways Act 1926:

1. (a)

   all fees paid for the issue of roadworks permits under section 20;

2. (b)

   all monetary penalties of a kind referred to in section 20(7)(b) recovered from the holders of roadworks permits;

3. (c)

   all fines paid in respect of offences against section 21(1a) or (3);

4. (d)

   all expiation fees recovered in respect of alleged offences against section 21(1a) or (3);

5. (e)

   all amounts ordered to be paid to the Crown under section 21(5).

22Proof of lawful installation etc of traffic control devices

1. (1)

   Subject to subsection (2), in proceedings for an offence against this Act (other than an offence against section 21(1)(a), (1a) or (3)) commenced on the information of a police officer or otherwise on behalf of the Crown, or on the information of an officer or employee of a council, a traffic control device proved to have been on, above or near a road will be conclusively presumed to have been lawfully installed or displayed there under this Act.

2. (2)

   In proceedings for an offence involving driving at a speed over a speed limit applying by virtue of signs placed on a road under section 20, subsection (1) only applies if it is proved that—

   1. (a)

      workers were engaged at the relevant work area at the time of the alleged offence (determined in accordance with section 20(15)); or

   2. (b)

      the area of road affected by the relevant works, or by vehicles or equipment relating to the relevant works, involved, at the time of the alleged offence, a greater than normal level of hazard for persons using the road (determined in accordance with any relevant standards or requirements prescribed under section 20(16)).

23Regulations fixing expiation fees

Despite section 176(1a)(j), the regulations may fix expiation fees not exceeding $5 000 for alleged offences against this Division.

31Action to deal with false devices or hazards to traffic

1. (1)

   In this section—

false traffic control device means any device, structure or thing that, although it is not a traffic control device installed or displayed under this Act, might be taken to be such a traffic control device;

light means a lamp, sign, advertisement or device of any kind from which light is projected.

1. (2)

   Despite any other law, the road authority in which the care, control or management of a road is vested may remove from the road and dispose of any false traffic control device or any device, structure or thing that the road authority is satisfied might constitute a hazard to traffic.

2. (2a)

   Despite any other law, if the Minister is satisfied that a false traffic control device or a light or source of reflected light or any other device, structure or thing is on land near a road and might—

   1. (a)

      reasonably be confused with a lawfully installed traffic control device; or

   2. (b)

      detract from the visibility of a traffic control device to drivers or pedestrians on the road; or

   3. (c)

      in any way constitute a hazard to traffic on the road,

the Minister may, by notice in writing, require the owner or occupier of the land to take such action by way of removing, modifying, screening or otherwise dealing with the device, structure or thing as is specified in the notice within the time so specified.

1. (3)

   A notice under this section may be served either by post, by means of a letter addressed to the usual place of residence or business of the person to be served, or by delivering it to that person personally.

2. (4)

   A person to whom a notice under this section is duly given must comply with it.

3. (5)

   If within the time specified in a notice duly given under this section the person required to comply with the notice does not comply with it, the Minister may take the action specified in the notice and recover the cost of doing so from that person as a debt, by action in a court of competent jurisdiction.

Division 3Road closing provisions

32Road closing by councils for traffic management purposes

1. (1)

   If a council proposes, by the installation or alteration of a traffic control device—

   1. (a)

      to close a road or a part of a road to all vehicles or vehicles of a specified class (whether or not the closure is to apply every day in a week or for all hours in a day); or

   2. (b)

      to close a road as a through road for motor vehicles,

for the purposes of rationalising the flow or impact of traffic within a part of the council's area, the council may only do so in accordance with a resolution of the council and must, at least one month before the meeting at which the resolution is first to be considered, cause notice of the proposal—

1. (c)

   to be published both in a newspaper circulating generally in the State and a newspaper circulating within the area of the council; and

2. (d)

   to be given by post to each ratepayer of land immediately abutting the road, or portion of road, the subject of the proposal; and

3. (e)

   if the road is a prescribed road, to be given to each affected council; and

4. (f)

   if the road is a highway, or runs into or intersects with a highway, to be given to the Commissioner of Highways.

1. (2)

   The council must give due consideration to all written submissions made on the proposal that are received by the council before the meeting.

2. (3)

   A resolution for a road closure to which subsection (1) applies is not effective unless a majority of all members of the council concur in it.

3. (4)

   A resolution for a road closure to which subsection (1) applies that would have the effect of the closure being operative in relation to a highway is not effective unless—

   1. (a)

      the Commissioner of Highways concurs with it; or

   2. (b)

      the closure is consistent with a notice of the Commissioner of Highways under section 26 of the Highways Act 1926.

4. (5)

   A resolution for a road closure to which subsection (1) applies that would have the effect of the closure being operative—

   1. (a)

      for a continuous period of more than 6 months; or

   2. (b)

      for periods that, in aggregate, exceed 6 months in any 12 month period,

is not effective unless—

1. (c)

   if the road runs into or intersects with a highway, the Commissioner of Highways concurs with it; and

2. (d)

   if the road is a prescribed road, each affected council concurs with it.

1. (6)

   A council must, as soon as practicable after a resolution for a road closure to which subsection (1) applies has been passed and, if required, concurred with under subsection (4) or (5), cause notice of the resolution to be published and given in the manner set out in subsection (1).

2. (7)

   In this section—

affected council, in relation to a prescribed road, means a council into whose area or along the boundary of which the road runs;

highway means—

1. (a)

   a main road or a controlled access road within the meaning of the Highways Act 1926; or

2. (b)

   a road vested in the name of the Commissioner of Highways or the Minister to whom the administration of the Highways Act 1926 is committed; or

3. (c)

   a road that is subject to a notice under section 26 of the Highways Act 1926;

prescribed road means a road that runs into the area, or along the boundary, of another council.

1. (8)

   For the purposes of this section, a road that runs up to—

   1. (a)

      the boundary of another council area; or

   2. (b)

      another road running along or containing the boundary of another council area,

will be taken to run into that area.

33Road closing and exemptions for certain events

1. (1)

   On the application of any person interested, the Minister may declare an event to be an event to which this section applies and may do either or both of the following:

   1. (a)

      make an order directing that specified roads (being roads on which the event is to be held or roads that, in the Minister's opinion, should be closed for the purposes of the event) be closed to traffic for a period specified in, or determined in accordance with, the order;

   2. (b)

      make an order directing that persons participating in the event be exempted, in relation to specified roads, from the duty to observe an enactment, regulation or by‑law prescribing a rule to be observed on roads by pedestrians or drivers of vehicles.

2. (2)

   An order to close a road under subsection (1) can only be made with the consent of every council within whose area a road intended to be closed by the order is situated.

3. (3)

   At least two clear days before an order under subsection (1) takes effect, the Minister must, at the cost of the applicant, cause the order to be advertised in the prescribed manner.

4. (4)

   An order under this section is subject to any conditions which the Minister thinks fit to impose and, on breach of any condition, ceases to have effect.

5. (5)

   An order under this section renders lawful anything done in accordance with the order.

6. (6)

   An order under this section may apply to the whole or a part of a road.

7. (7)

   In addition to any other power to regulate traffic conferred by this or any other Act, a police officer may give such reasonable directions to—

   1. (a)

      the driver of a vehicle on a road; or

   2. (b)

      the owner or person apparently in charge of or with care or custody of a vehicle on a road; or

   3. (c)

      a person who appears to have left a vehicle standing on a road (whether the vehicle is attended by another person or not); or

   4. (d)

      a pedestrian on a road,

as are, in the police officer's opinion, necessary for the safe and efficient conduct of an event to which this section applies.

1. (8)

   Such directions may include directions for clearing vehicles or persons from a road or part of a road or temporarily closing a road or part of a road and may be given on the day of an event in preparation for, during or immediately after the conclusion of, the event.

2. (9)

   A person to whom a direction of a police officer is given pursuant to this section must forthwith comply with it.

3. (9a)

   If a direction is given under subsection (7) to a person who appears—

   1. (a)

      to have charge, care or custody of a vehicle on a road; or

   2. (b)

      to have left a vehicle standing on a road,

that person is not guilty of an offence against this Act of failing to comply with the direction if it is proved that the person did not have charge, care or custody of the vehicle and did not leave the vehicle standing on the road.

1. (10)

   In this section—

event means an organised sporting, recreational, political, artistic, cultural or other activity, and includes a street party.

34Road closing for emergency use by aircraft

1. (1)

   A prescribed police officer may close a road to enable an aircraft to use the road in response to an emergency.

2. (2)

   For the purpose of closing a road and enabling its use by an aircraft under this section, a prescribed police officer (or a police officer acting under the direction of a prescribed police officer) may—

1. 1. (a)

      install or display traffic control devices on or near a road; or

   2. (b)

      give such reasonable directions to—

      1. (i)

         the driver of a vehicle on a road; or

      2. (ii)

         the owner or person apparently in charge of or with care or custody of a vehicle on a road; or

      3. (iii)

         a person who appears to have left a vehicle standing on a road (whether or not the vehicle is attended by another person); or

      4. (iv)

         a pedestrian; or

      5. (v)

         the pilot of the aircraft,

   as are, in the opinion of the police officer giving the directions, necessary for the safe use of the road by the aircraft or the safety of other road users.

2. (3)

   A police officer must, in exercising a power conferred by this section, comply with such procedures and requirements as may be stipulated by the Minister by notice in writing to the Commissioner of Police.

3. (4)

   A person to whom a direction of a police officer is given under this section must forthwith comply with it.

4. (5)

   If a direction is given under subsection (2)(b) to a person who appears—

   1. (a)

      to have charge, care or custody of a vehicle on a road; or

   2. (b)

      to have left a vehicle standing on a road,

that person is not guilty of an offence against this Act of failing to comply with the direction if it is proved that the person did not have charge, care or custody of the vehicle and did not leave the vehicle standing on the road.

1. (6)

   If action is taken under this section by a police officer to close a road or enable an aircraft to use a road—

   1. (a)

      nothing in this Act is to be taken to prevent the use of the road by the aircraft; and

   2. (b)

      the aircraft is not to be taken to be a vehicle for the purposes of this Act; and

   3. (c)

      no liability will be incurred by the police officer or the Crown in respect of injury, damage or loss arising out of the use of the road by the aircraft.

2. (7)

   The powers conferred by this section are in addition to and do not derogate from any other power conferred by this or any other Act.

3. (8)

   A road closed for the purposes of enabling an aircraft to use it in response to an emergency must be re-opened for ordinary traffic as soon as practicable after the road is no longer required for that purpose.

4. (9)

   In this section—

prescribed police officer means a police officer who is—

1. (a)

   in charge of a police station; or

2. (b)

   of the rank of inspector or above;

road includes a road closed under this section and part of a road.

Division 4Enforcement officers for Australian road laws35Appointment of authorised officers

1. (1)

   The Minister may, by instrument in writing, appoint—

   1. (a)

      a specified person to be an authorised officer; or

   2. (b)

      persons of a specified class to be authorised officers.

2. (2)

   An authorised officer may but need not be an employee in the public service or an employee of a government or government body.

3. (3)

   An authorised person as defined in the Local Government Act 1999 is an authorised officer under this Act for the purposes of—

   1. (a)

      enforcing prescribed provisions of this Act in the area of the council for which the person is an authorised person; or

   2. (b)

      exercising the powers of an authorised officer under prescribed provisions of this Act in the area of the council for which the person is an authorised person.

4. (4)

   Every person for the time being in charge of a ferry established by a council or established, maintained or operated by the Commissioner of Highways is an authorised officer under this Act.

5. (5)

   Without limiting the above, an authorised officer as defined in a corresponding road law may be appointed as an authorised officer under this section.

6. (6)

   An appointment under this section may be subject to conditions, including—

   1. (a)

      conditions limiting the exercise of powers by the authorised officer to the enforcement of specified provisions of the Act or the enforcement of the Act within a specified area of the State; and

   2. (b)

      conditions on the exercise of powers conferred on authorised officers by a road law.

7. (7)

   The Minister may, at any time, by instrument in writing applicable to a specified authorised officer or each authorised officer of a specified class—

   1. (a)

      impose conditions of a kind referred to in subsection (6); or

   2. (b)

      vary or revoke such conditions.

37Exercise of powers by police officers

A police officer has the powers conferred on police officers by a road law in addition to the officer's powers under other Acts or at law.

38Identity cards

1. (1)

   Subject to this section, the Minister must issue an authorised officer with an identity card.

2. (2)

   The Minister is not required to issue an identity card if—

   1. (a)

      the authorised officer is a police officer; or

   2. (b)

      the Minister has designated a card issued to an authorised officer, or to a class of authorised officers, by another person, body or authority (whether or not of this State) as an identity card for the purposes of this Act.

3. (3)

   An identity card issued under this section must—

   1. (a)

      contain a recent photograph of the authorised officer; and

   2. (b)

      identify the person as an authorised officer for the purposes of this Act; and

   3. (c)

      specify the identification number issued to the authorised officer by the Minister.

39Production of identification

1. (1)

   This section applies to powers conferred on authorised officers under a road law, but only if the physical presence of an officer at the scene is necessary for the exercise of the power.

2. (2)

   An authorised officer (other than a police officer) must not exercise a power unless an identity card has been issued to, or designated for, the officer.

3. (3)

   An authorised officer (other than a police officer) who is exercising or about to exercise a power is required to comply with a request to identify themself, by producing the officer's identity card.

4. (4)

   A police officer who is exercising or about to exercise a power is required to comply with a request to identify themself, by—

   1. (a)

      producing the officer's police identification; or

   2. (b)

      stating orally or in writing the officer's surname, rank and identification number.

5. (5)

   An authorised officer is required to comply with a requirement under subsection (3) or (4)—

   1. (a)

      immediately; or

   2. (b)

      if it is not practicable to comply with the requirement immediately—as soon as practicable afterwards.

6. (6)

   An authorised officer need only identify themself once to a particular person during the course of an incident, even though more than one power is being exercised during the course of the incident.

7. (7)

   In this section—

incident means—

1. (a)

   a single incident; or

2. (b)

   a connected series of incidents involving the same or substantially the same parties and occurring during a period of 72 hours;

power means a power under an Australian road law;

request, in relation to the exercise of a power, means a request made by a person (if any) in respect of whom the power is being or is about to be exercised.

40Return of identity cards

1. (1)

   A person commits an offence if—

   1. (a)

      the Minister has issued an identity card to the person; and

   2. (b)

      the person was but has stopped being an authorised officer; and

   3. (c)

      the Minister has requested the person to return the card to the Minister within a specified period; and

   4. (d)

      the person did not return the card during the period.

Maximum penalty: $2 500.

1. (2)

   Subsection (1) does not apply if the person has a reasonable excuse.

40BRegistrar may exercise powers of authorised officers

1. (1)

   The Registrar of Motor Vehicles may exercise any power conferred under a road law on an authorised officer.

2. (2)

   Accordingly, in this Act (except this Division) references to an authorised officer include references to the Registrar of Motor Vehicles.

Division 5General enforcement powers for Australian road lawsSubdivision 1Interpretation

40CMeaning of qualified, fit or authorised to drive or start or stop engine

For the purposes of this Division—

1. (a)

   a person is qualified to drive a vehicle, or to start or stop its engine, if the person—

   1. (i)

      holds a driver's licence of the appropriate class to drive the vehicle and the licence is not suspended; and

   2. (ii)

      is not prevented under a law, including, for example, by the conditions of the driver's licence, from driving the vehicle at the relevant time;

2. (b)

   a person is fit to drive a vehicle, or to start or stop its engine, if the person—

   1. (i)

      is apparently physically and mentally fit to drive the vehicle, or start or stop its engine; and

   2. (ii)

      is not apparently affected by either or both of the following:

      1. (A)

         alcohol;

      2. (B)

         a drug that affects a person's ability to drive a vehicle; and

   3. (iii)

      the person has not at the time been found to have, and there are not any reasonable grounds to suspect that the person has, a concentration of alcohol in the person's blood exceeding the amount permitted under a road law; and

   4. (iv)

      the person has not at the time been found to have, and there are not any reasonable grounds to suspect that the person has, a prescribed drug in the person's oral fluid or blood;

3. (c)

   a person is authorised to drive a vehicle, or to start or stop its engine, if the person is its operator or has the authority of the operator to drive it or to start or stop its engine (regardless of whether or not the person is qualified to drive the vehicle, or to start or stop its engine).

40DMeaning of unattended vehicle and driver of disconnected trailer

1. (1)

   For the purposes of this Division, a vehicle is unattended if—

   1. (a)

      the authorised officer concerned is present at the scene and there is, after inspection and enquiry by the officer that is reasonable in the circumstances, apparently no person in, on or near the vehicle who appears to be a driver of the vehicle; or

   2. (b)

      the authorised officer concerned is not present at the scene but is able to inspect the scene by means of camera or other remote surveillance system and there is, after inspection by the officer that is reasonable in the circumstances, apparently no person in, on or near the vehicle who appears to be a driver of the vehicle; or

   3. (c)

      there is a person in, on or near the vehicle who appears to be its driver but the person is—

      1. (i)

         unwilling, or not qualified or fit, to drive the vehicle; or

      2. (ii)

         not authorised by the operator of the vehicle to drive it; or

      3. (iii)

         subject to a direction under section 40K in relation to the vehicle.

2. (2)

   For the purposes of this Division, a person is the driver of a vehicle if, in a case where the vehicle is a trailer and is not connected (either directly or by one or more other trailers) to a towing vehicle, the person is the driver of the towing vehicle to which the trailer was or apparently was last connected.

40EMeaning of broken down vehicle

For the purposes of this Division, a vehicle is broken down if—

1. (a)

   in the case of a motor vehicle—it is not possible to drive the vehicle because it is disabled through damage, mechanical failure, lack of fuel or any similar reason; or

2. (b)

   in the case of a trailer—it is not connected (either directly or by 1 or more other trailers) to a towing vehicle, whether or not the trailer is also disabled through damage, mechanical power or any similar reason; or

3. (c)

   in the case of a combination—it is not possible to drive the combination because the combination or a vehicle comprised in the combination is disabled through damage, mechanical failure, lack of fuel or any similar reason; or

4. (d)

   in any other case—it is not connected to a towing vehicle or an animal by which it could be drawn or it is not possible to tow or draw the vehicle because it is disabled through damage, mechanical failure or any similar reason.

40FMeaning of compliance purposes

For the purposes of this Division, a power is exercised for compliance purposes in relation to a person if the power is exercised—

1. (a)

   to determine whether the Australian road laws are being complied with by that or any other person; or

2. (b)

   to investigate a breach or suspected breach of an Australian road law by that or any other person; or

3. (c)

   to investigate an accident in which that person or any other person has been involved.

Subdivision 2Directions to stop, move or leave vehicles40GApplication of Subdivision

1. (1)

   This Subdivision applies to a vehicle located—

   1. (a)

      on any road; or

   2. (b)

      in or on any premises occupied or owned by a public authority; or

   3. (c)

      in or on any premises where an authorised officer is lawfully present after entry under Subdivision 4; or

   4. (d)

      in or on any premises that are an authorised inspection station as defined in section 139 of the Motor Vehicles Act 1959.

2. (2)

   This Subdivision applies to the driver of a vehicle who is apparently in, on or in the vicinity of the vehicle.

40GAInterpretation

In this Subdivision—

road law includes—

1. (a)

   the Heavy Vehicle National Law (South Australia); and

2. (b)

   the Heavy Vehicle National Regulations (South Australia); and

3. (c)

   Part 2 Divisions 4 and 5 of the Heavy Vehicle National Law (South Australia) Act 2013; and

4. (d)

   the local regulations as defined in the Heavy Vehicle National Law (South Australia) Act 2013.

40HDirection to stop vehicle to enable exercise of other powers

1. (1)

   An authorised officer may, for the purpose of or in connection with exercising other powers under a road law, direct—

   1. (a)

      the driver of a vehicle to stop the vehicle; or

   2. (b)

      the driver of a vehicle or any other person not to do one or more of the following:

      1. (i)

         move the vehicle;

      2. (ii)

         interfere with it or any equipment in or on it;

      3. (iii)

         interfere with its load.

2. (2)

   A direction to stop a vehicle may require that it be stopped without delay, or that it be stopped at the nearest place for it to be safely stopped as indicated by the authorised officer.

3. (3)

   A direction to stop the vehicle, or not to move it, or not to interfere with it or any equipment in or on it or with its load, does not prevent an authorised officer from giving the driver or another person any later inconsistent directions under a road law or any other law.

4. (4)

   A direction ceases to be operative to the extent that an authorised officer—

   1. (a)

      gives the driver or other person a later inconsistent direction; or

   2. (b)

      indicates to the driver or other person that the direction is no longer operative.

5. (5)

   A person commits an offence if—

   1. (a)

      the person is subject to a direction under subsection (1); and

   2. (b)

      the person engages in conduct that results in a contravention of the direction.

Maximum penalty: $5 000.

1. (6)

   In this section—

stop a vehicle means to stop the vehicle and keep it stationary.

40IDirection to move vehicle to enable exercise of other powers

1. (1)

   An authorised officer may, for the purpose of or in connection with the exercise of other powers under a road law, direct the driver or operator of a vehicle to move it or cause it to be moved to the nearest suitable location that is within the prescribed distance and specified by the officer.

2. (2)

   A person commits an offence if—

   1. (a)

      the person is subject to a direction under subsection (1); and

   2. (b)

      the person engages in conduct that results in a contravention of the direction.

Maximum penalty: $5 000.

1. (4)

   In proceedings for an offence in relation to a contravention of a direction under subsection (1), it is a defence if the person charged establishes that—

   1. (a)

      it was not possible to move the vehicle concerned because it was broken down; and

   2. (b)

      the breakdown occurred for a physical reason beyond the driver's or operator's control; and

   3. (c)

      the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.

2. (5)

   In this section—

prescribed distance means a distance (in any direction) within a radius of 30 kilometres of—

1. (a)

   the location of the vehicle when the direction is given; or

2. (b)

   any point along the forward route of the journey, if the direction is given in the course of a journey of the vehicle;

suitable location means a location that the authorised officer concerned believes on reasonable grounds to be a suitable location having regard to any matters the officer considers relevant in the circumstances.

40JDirection to move vehicle if danger or obstruction

1. (1)

   This section applies if an authorised officer believes on reasonable grounds that a light vehicle on a road is—

   1. (a)

      causing serious harm, or creating an imminent risk of serious harm, to public safety, the environment or road infrastructure; or

   2. (b)

      causing or likely to cause an obstruction to traffic or any event lawfully authorised to be held on the road; or

   3. (c)

      obstructing or hindering, or likely to obstruct or hinder, vehicles from entering or leaving land adjacent to the road.

2. (2)

   The officer may direct the driver or operator of the vehicle to do either or both of the following:

   1. (a)

      to move it, or cause it to be moved, to the extent necessary to avoid the harm or obstruction;

   2. (b)

      to do anything else reasonably required by the officer, or to cause anything else reasonably required by the officer to be done, to avoid the harm or obstruction.

3. (3)

   A person commits an offence if—

   1. (a)

      the person is subject to a direction under subsection (2); and

   2. (b)

      the person engages in conduct that results in a contravention of the direction.

Maximum penalty: $5 000.

1. (4)

   In proceedings for an offence in relation to the contravention of a direction under subsection (2)(a), it is a defence if the person charged establishes that—

   1. (a)

      it was not possible to move the vehicle concerned because it was broken down; and

   2. (b)

      the breakdown occurred for a physical reason beyond the driver's or operator's control; and

   3. (c)

      the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.

40KDirection to leave vehicle

1. (1)

   This section applies if—

   1. (a)

      the driver of a vehicle fails to comply with a direction given by an authorised officer under another provision of this Subdivision; or

   2. (b)

      an authorised officer believes on reasonable grounds that the driver of a vehicle is not qualified, is not fit or is not authorised to drive the vehicle.

2. (2)

   The officer may do one or more of the following:

   1. (a)

      direct the driver to vacate the driver's seat;

   2. (b)

      direct the driver to leave the vehicle;

   3. (c)

      direct the driver not to occupy the driver's seat until permitted to do so by an authorised officer;

   4. (d)

      direct the driver not to enter the vehicle until permitted to do so by an authorised officer.

3. (3)

   The officer may direct any other person to do either or both of the following:

   1. (a)

      to leave the vehicle;

   2. (b)

      not to enter the vehicle until permitted to do so by an authorised officer.

4. (4)

   The officer, being a police officer, may do one or more of the following if the officer believes on reasonable grounds that the driver is not fit to drive the vehicle because of the consumption of alcohol or a drug:

   1. (a)

      direct the driver to secure the vehicle and surrender to the officer all keys to the vehicle that are in the person's immediate possession or in the vehicle;

   2. (b)

      immobilise the vehicle;

   3. (c)

      direct the driver not to drive any other vehicle until permitted to do so by a police officer.

5. (5)

   A person commits an offence if—

   1. (a)

      the person is subject to a direction under this section; and

   2. (b)

      the person engages in conduct that results in a contravention of the direction.

Maximum penalty: $5 000.

1. (6)

   If a police officer takes possession of keys or (in order to immobilise the vehicle) components of a vehicle, the officer must—

   1. (a)

      advise the driver that the keys or components may be recovered from a specified police station; and

   2. (b)

      cause the keys or components to be taken to the police station.

2. (7)

   A police officer on duty at the police station to which the keys or components are taken under this section must deliver possession of the keys or components to any person who the officer is satisfied is lawfully entitled to them and who makes a request for them at the police station, provided that the officer has no reason to believe that the person will drive the vehicle but not be qualified or fit to do so.

3. (8)

   In this section—

keys means keys or electronic or other devices for starting or securing a vehicle.

40LManner of giving directions under Subdivision

1. (1)

   A direction under this Subdivision may be given to a driver orally or by means of a sign or signal (electronic or otherwise), or in any other manner.

2. (2)

   A direction under this Subdivision may be given to an operator orally or by telephone, facsimile, electronic mail or radio, or in any other manner.

40MMoving unattended vehicle to enable exercise of other powers

1. (1)

   This section applies if an authorised officer—

1.12.1999
s 163AA	inserted by 99/1981 s 13	7.1.1982
s 163AA(1)	amended by 27/1986 s 19(a)	1.7.1986
amended by 35/2013 Sch 1	10.2.2014
s 163AA(2)	amended by 27/1986 s 19(a)	1.7.1986
s 163AA(3)	deleted by 27/1986 s 19(b)	1.7.1986
Pt 4A
s 163A
s 163A(1)	amended by 50/1984 s 3(1) (Sch 5)	1.1.1985
amended by 30/1994 Sch 4 cl 2(b)(vii)	1.8.1994
s 163A(2) and (3)	amended by 35/2013 Sch 1	10.2.2014
s 163B	amended by 103/1976 s 117	1.3.1977
amended by 24/1981 s 5	19.3.1981
amended by 30/1994 Sch 4 cl 2(b)(viii)	1.8.1994
deleted by 39/1999 s 50	1.12.1999
s 163C
s 163C(1)	amended by 99/1981 s 14(a)	7.1.1982
amended by 91/1982 s 4(a)	1.7.1985
amended by 58/1986 s 6(a)	1.1.1987
substituted by 30/1994 Sch 4 cl 2(b)(ix)	1.8.1994
s 163C(1a)	inserted by 42/1979 s 21	1.4.1979
substituted by 91/1982 s 4(b)	1.7.1985
substituted by 30/1994 Sch 4 cl 2(b)(ix)	1.8.1994
s 163C(1b)	inserted by 91/1982 s 4(b)	1.7.1985
amended by 30/1994 Sch 4 cl 2(b)(x)	1.8.1994
s 163C(2)	amended by 103/1976 s 118	1.3.1977
substituted by 99/1981 s 14(b)	7.1.1982
substituted by 91/1982 s 4(c)	1.7.1985
substituted by 58/1986 s 6(b)	1.1.1987
deleted by 20/1999 s 28	1.12.1999
s 163C(3)	amended by 53/2005 s 11	17.11.2005
amended by 35/2013 Sch 1	10.2.2014
s 163D
s 163D(1)	amended by 50/1984 s 3(1) (Sch 5)	1.1.1985
substituted by 20/1999 s 29(a)	1.12.1999
s 163D(1a)	inserted by 20/1999 s 29(a)	1.12.1999
s 163D(2)	amended by 91/1982 s 5(a)	1.7.1985
amended by 50/1984 s 3(1) (Sch 5)	1.1.1985
s 163D(3)	amended by 103/1976 s 119(a)	1.3.1977
substituted by 99/1981 s 15	7.1.1982
substituted by 91/1982 s 5(b)	1.7.1985
s 163D(3a)	inserted by 91/1982 s 5(b)	1.7.1985
amended by 35/2013 Sch 1	10.2.2014
s 163D(5)	substituted by 91/1982 s 5(c)	1.7.1985
s 163D(6)	amended by 103/1976 s 119(b)	1.3.1977
substituted by 20/1999 s 29(b)	1.12.1999
s 163E	substituted by 91/1982 s 6	1.7.1985
amended by 50/1984 s 3(1) (Sch 5)	1.1.1985
s 163E(1)	amended by 13/2006 s 45	30.4.2007
amended by 35/2013 Sch 1	10.2.2014
s 163E(2)	amended by 20/1999 s 30	1.12.1999
s 163E(4)	amended by 13/2006 s 45	30.4.2007
s 163F	amended by 99/1981 s 16	7.1.1982
amended by 91/1982 s 7	1.7.1985
amended by 20/1999 s 31	1.12.1999
s 163G	amended by 13/2006 ss 44(1), 45	30.4.2007
substituted by 35/2013 s 69	10.2.2014
s 163GA	inserted by 91/1982 s 8	1.7.1985
s 163GA(1)	substituted by 20/1999 s 32(a)	1.12.1999
s 163GA(1a)	inserted by 20/1999 s 32(a)	1.12.1999
s 163GA(1b)	inserted by 53/2005 s 12	17.11.2005
s 163GA(4)	deleted by 13/2006 s 30	30.4.2007
s 163GA(5)	amended by 20/1999 s 32(b)	1.12.1999
deleted by 13/2006 s 30	30.4.2007
s 163GA(6)—(8)	deleted by 13/2006 s 30	30.4.2007
s 163H	amended by 103/1976 s 120	1.3.1977
deleted by 13/2006 s 31	30.4.2007
s 163I	(b) deleted by 13/2006 s 32	30.4.2007
s 163J	inserted by 103/1976 s 121	1.3.1977
s 163J(1)	amended by 35/2013 Sch 1	10.2.2014
s 163K	inserted by 103/1976 s 121	1.3.1977
amended by 35/2013 Sch 1	10.2.2014
s 163KA	inserted by 15/1984 s 10	5.7.1984
deleted by 13/2006 s 33	30.4.2007
Pt 4B	inserted by 24/1981 s 6	19.3.1981
amended by 50/1984 s 3(1) (Sch 5)	1.1.1985
deleted by 30/1994 Sch 4 cl 2(b)(xi)	1.8.1994
Pt 4B before deletion by 35/2013	inserted by 13/2006 s 33	30.4.2007
s 163L
approved officer	substituted by 26/2008 s 31	25.9.2008
Pt 4B	deleted by 35/2013 s 70	10.2.2014
Pt 4C	inserted by 13/2006 s 33	30.4.2007
Pt 5
s 164	deleted by 81/2005 s 25	30.7.2006
s 164A	inserted by 103/1976 s 122	1.3.1977
s 164A(1)	amended by 13/2006 s 34(1)	30.4.2007
s 164A(2)	amended by 91/1982 s 9	5.7.1984
amended by 39/1999 s 51	1.12.1999
amended by 13/2006 s 34(2)	30.4.2007
s 164B	inserted by 99/1981 s 17	7.1.1982
substituted by 35/2013 s 71	10.2.2014
s 165	deleted by 50/1984 s 3(1) (Sch 5)	1.1.1985
inserted by 53/2005 s 13	17.11.2005
s 165(1)	amended by 13/2006 s 35	30.4.2007
amended by 35/2013 Sch 1	10.2.2014
s 165(2)	amended by 38/2017 Sch 1 Pt 5	20.3.2018
s 165(4)	inserted by 22/2008 s 8	29.9.2008
s 166	amended by 103/1976 s 123	1.3.1977
amended by 42/1979 s 22	1.4.1979
amended by 50/1984 s 3(1) (Sch 5)	1.1.1985
substituted by 13/2006 s 36	30.4.2007
s 167
s 167(2)	amended by 17/2001 s 25	9.7.2001
s 168
s 168(1)	amended by 99/1981 s 18(a)	7.1.1982
substituted by 13/2006 s 37	30.4.2007
s 168(2)	deleted by 103/1976 s 124	1.3.1977
inserted by 13/2006 s 37	30.4.2007
s 168(2a)	inserted by 13/2006 s 37	30.4.2007
s 168(3)	amended by 35/2013 Sch 1	10.2.2014
s 168(4)	amended by 99/1981 s 18(b)	7.1.1982
amended by 35/2013 Sch 1	10.2.2014
s 168(5)	inserted by 42/1979 s 23	1.4.1979
amended by 35/2013 Sch 1	10.2.2014
s 169	amended by 103/1976 s 125	1.3.1977
amended by 42/1979 s 24	1.4.1979
amended by 99/1981 s 19	7.1.1982
amended by 50/1984 s 3(1) (Sch 5)	1.1.1985
amended by 92/1986 s 4	18.12.1986
deleted by 39/1999 s 52	1.12.1999
s 169A	inserted by 103/1976 s 126	1.3.1977
amended by 35/2013 Sch 1	10.2.2014
s 169B	inserted by 81/2005 s 26	30.7.2006
s 170	amended by 99/1981 s 20	7.1.1982
amended by 17/2021 s 58	12.12.2022
s 171	deleted by 103/1976 s 127	1.3.1977
s 172
s 172(1)	amended by 99/1981 s 21	7.1.1982
amended by 35/2013 Sch 1	10.2.2014
amended by 17/2021 s 59	12.12.2022
s 173
s 173(1)	amended by 99/1981 s 22	7.1.1982
s 173(3)	amended by 50/1984 s 3(1) (Sch 5)	1.1.1985
s 173AA before deletion by 35/2013	inserted by 22/2008 s 9	29.9.2008
s 173AA(4)	inserted by 41/2009 s 7	5.11.2009
s 173AA	deleted by 35/2013 s 72	10.2.2014
s 173A	inserted by 20/1999 s 33	1.12.1999
s 173A(2)	amended by 13/2006 s 38(1)	30.4.2007
s 173A(3)	deleted by 13/2006 s 38(2)	30.4.2007
s 173AB	inserted by 13/2006 s 39	30.4.2007
s 173AB(1)	amended by 35/2013 s 73	10.2.2014
s 173B	inserted by 20/1999 s 33	1.12.1999
s 174A	inserted by 39/1999 s 53	1.12.1999
s 174A(4)	amended by 38/2017 Sch 1 Pt 5	20.3.2018
amended by 17/2021 s 60(1)	11.5.2023
s 174A(4a)	inserted by 17/2021 s 60(2)	11.5.2023
s 174A(5)	amended by 38/2017 Sch 1 Pt 5	20.3.2018
amended by 17/2021 s 60(1), (3)	11.5.2023
s 174A(5a) and (5b)	inserted by 17/2021 s 60(4)	11.5.2023
s 174A(6)	amended by 17/2021 s 60(1)	11.5.2023
s 174A(7)	amended by 17/2021 s 60(1), (5)	11.5.2023
s 174A(8)	amended by 17/2021 s 60(6)	11.5.2023
s 174A(9)	amended by 17/2021 s 60(1)	11.5.2023
s 174A(9a)	inserted by 53/2003 s 11	4.12.2005
amended by 17/2021 s 60(1)	11.5.2023
s 174A(10)	amended by 17/2021 s 60(1), (7)	11.5.2023
s 174A(11)	amended by 17/2021 s 60(8)	11.5.2023
s 174A(12) and (13)	inserted by 17/2021 s 60(9)	11.5.2023
s 174AB	inserted by 13/2006 s 40	30.4.2007
ss 174B and 174C	inserted by 39/1999 s 53	1.12.1999
s 174D	inserted by 39/1999 s 53	1.12.1999
amended by 13/2006 s 44(1)	30.4.2007
s 174E	inserted by 39/1999 s 53	1.12.1999
amended by 13/2006 s 44(1)	30.4.2007
amended by 17/2021 s 61(1), (2)	12.12.2022
ss 174F	inserted by 13/2006 s 41	30.4.2007
deleted by 35/2013 s 74	10.2.2014
s 174G	inserted by 13/2006 s 41	30.4.2007
s 174G(1)	amended by 38/2017 Sch 1 Pt 5	20.3.2018
s 174G(8)
public agency	substituted by 35/2013 s 75	10.2.2014
s 174H	inserted by 13/2006 s 41	30.4.2007
s 174I	inserted by 13/2006 s 41	30.4.2007
substituted by 35/2013 s 76	10.2.2014
ss 174J and 174K	inserted by 13/2006 s 41	30.4.2007
s 175
s 175(1)	amended by 42/1979 s 25(a), (b)	1.4.1979
amended by 50/1984 s 3(1) (Sch 5)	1.1.1985
amended by 5/1992 s 5	1.6.1992
amended by 88/1994 s 10	5.1.1995
amended by 57/1997 s 5	11.12.1997
amended by 78/1997 s 5	5.2.1998
amended by 18/1998 s 7(a)	20.7.1998
amended by 20/1999 s 34(a)	1.12.1999
substituted by 39/1999 s 54(a)	1.12.1999
amended by 13/2006 ss 42(1), (2), 45	30.4.2007
(eb) deleted by 35/2013 s 77(1)	10.2.2014
amended by 35/2013 s 77(2), (3)	10.2.2014
amended by 25/2013 s 5	1.9.2014
amended by 17/2021 s 62(1)	12.12.2022
s 175(2)	deleted by 20/1999 s 34(b)	1.12.1999
inserted by 63/2017 s 32	24.4.2018
amended by 17/2021 s 62(2)	12.12.2022
s 175(2a)	inserted by 18/1998 s 7(b)	20.7.1998
deleted by 39/1999 s 54(b)	1.12.1999
s 175(3)	amended by 103/1976 s 128	1.3.1977
amended by 42/1979 s 25(c), (d)	1.4.1979
amended by 25/1981 s 2(a)	19.3.1981
amended by 50/1984 s 3(1) (Sch 5)	1.1.1985
amended by 27/1986 s 20	1.7.1986
amended by 25/1989 s 12	1.7.1989
amended by 5/1999 s 2	11.3.1999
amended by 20/1999 s 34(c)—(e)	1.12.1999
amended by 8/2003 s 34(a)	15.12.2003
amended by 13/2006 ss 42(3), 44(1)	30.4.2007
amended by 26/2008 s 32(1)—(3)	25.9.2008
amended by 41/2009 s 8(1)	5.11.2009
amended by 35/2013 s 77(4)	10.2.2014
(c) deleted by 35/2013 s 77(5)	10.2.2014
amended by 41/2018 s 3(1)—(3)	13.12.2018
amended by 32/2023 Sch 1 cl 5	uncommenced—not incorporated
s 175(4)	inserted by 25/1981 s 2(b)	19.3.1981
deleted by 39/1999 s 54(c)	1.12.1999
inserted by 8/2003 s 34(b)	15.12.2003
amended by 41/2009 s 8(2), (3)	5.11.2009
s 175(5)	inserted by 13/2006 s 42(4)	30.4.2007
amended by 35/2013 s 77(6)	10.2.2014
s 175(6) and (7)	inserted by 13/2006 s 42(4)	30.4.2007
s 175A	inserted by 23/2012 s 5	1.1.2014
s 175A(3)	amended by 38/2017 s 41	19.12.2017
s 175B	inserted by 24/2022 s 7	19.6.2024
s 176
s 176(1)	amended by 103/1976 s 129(a)—(d)	1.3.1977
amended by 45/1979 s 4(a)—(d)	1.7.1979
amended by 99/1981 s 23	7.1.1982
amended by 91/1982 s 10	1.7.1985
amended by 15/1984 s 11	5.7.1984
amended by 50/1984 s 3(1) (Sch 5)	1.1.1985
amended by 27/1986 s 21(a)	1.7.1986
amended by 25/1989 s 13	1.7.1989
amended by 52/1990 s 13	22.11.1990
amended by 10/1993 s 23	30.4.1993
amended by 32/1993 s 10	4.11.1993
amended by 88/1994 s 11	5.1.1995
amended by 64/1995 s 9	1.2.1996
amended by 34/1996 s 4 (Sch cl 30)	3.2.1997
amended by 57/1997 s 6	11.12.1997
amended by 20/1999 s 35(a)—(k)	1.12.1999
substituted by 39/1999 s 55(a)	1.12.1999
s 176(1a)	inserted by 39/1999 s 55(a)	1.12.1999
amended by 13/2006 ss 43(1), (2), 44(2)	30.4.2007
amended by 22/2008 s 10(1)	29.9.2008
amended by 13/2011 s 42(1), (2)	30.6.2011
amended by 22/2010 s 87	1.7.2011
(ga) deleted by 35/2013 s 78(1)	10.2.2014
amended by 12/2017 s 9	1.6.2018
amended by 24/2019 s 15	3.10.2019
amended by 17/2021 s 63(1)	12.12.2022
s 176(2)	deleted by 103/1976 s 129(e)	1.3.1977
inserted by 34/1996 s 4 (Sch cl 30)	3.2.1997
amended by 20/1999 s 35(b), (l), (m)	1.12.1999
deleted by 26/2008 s 33	25.9.2008
s 176(2a)	inserted by 22/2008 s 10(2)	29.9.2008
amended by 13/2011 s 42(2)	30.6.2011
deleted by 35/2013 s 78(2)	10.2.2014
s 176(3)	amended by 50/1984 s 3(1) (Sch 5)	1.1.1985
amended by 20/1999 s 35(a)	1.12.1999
amended by 39/1999 s 55(b)	1.12.1999
s 176(4)	amended by 27/1986 s 21(b)	1.7.1986
amended by 20/1999 s 35(b)	1.12.1999
s 176(4aa)	inserted by 7/2000 s 4	15.8.2000
s 176(4a)	inserted by 39/1999 s 55(c)	1.12.1999
s 176(5)	substituted by 20/1999 s 35(n)	1.12.1999
s 176(5a)	inserted by 20/1999 s 35(n)	1.12.1999
s 176(5b)	inserted by 20/1999 s 35(n)	1.12.1999
amended by 23/2012 s 6	1.1.2014
s 176(6)	inserted by 45/1979 s 4(e)	1.7.1979
amended by 20/1999 s 35(b)	1.12.1999
deleted by 39/1999 s 55(d)	1.12.1999
s 176(7) and (8)	inserted by 39/1999 s 55(e)	1.12.1999
s 176(9)	inserted by 17/2021 s 63(2)	12.12.2022
s 177	amended by 39/1999 s 56	1.12.1999
Sch 1	deleted by 50/1984 s 3(1) (Sch 5)	1.1.1985
inserted by 77/2005 s 18	1.7.2006
cl 1
approved courier	inserted by 8/2009 s 40(1)	1.2.2010
Metropolitan Adelaide	deleted by 17/2021 s 64(1)	12.12.2022
registered nurse	substituted by 5/2010 Sch 1 cl 26	1.7.2010
amended by 229/2018 Sch 1 cl 5	1.12.2018
deleted by 17/2021 s 64(1)	12.12.2022
cl 1A	inserted by 8/2009 s 40(2)	1.2.2010
Pt 2
heading	amended by 63/2017 s 33(1)	22.2.2018
cl 2	amended by 13/2006 s 44(1)	30.4.2007
amended by 8/2009 s 40(3)	1.2.2010
amended by 35/2013 Sch 1	10.2.2014
amended by 63/2017 s 33(2)	22.2.2018
amended by 17/2021 s 64(2)—(4)	12.12.2022
cl 3	amended by 35/2013 Sch 1	10.2.2014
deleted by 17/2021 s 64(5)	12.12.2022
cl 4	amended by 13/2006 s 44(1)	30.4.2007
cl 6
cl 6(2)	amended by 38/2017 Sch 1 Pt 5	20.3.2018
substituted by 17/2021 s 64(6)	12.12.2022
cl 6(3)	amended by 17/2021 s 64(7)	12.12.2022
cl 7	amended by 13/2006 s 44(1)	30.4.2007
amended by 8/2009 s 40(4)	1.2.2010
amended by 35/2013 Sch 1	10.2.2014
amended by 63/2017 s 33(3), (4)	22.2.2018
amended by 17/2021 s 64(8)	12.12.2022
cl 8
cl 8(1)	amended by 26/2010 s 3(1)	2.12.2010
substituted by 17/2021 s 64(9)	12.12.2022
cl 8(2)	amended by 26/2010 s 3(2)	2.12.2010
substituted by 17/2021 s 64(9)	12.12.2022
cl 8(3)
death or bodily injury caused by or arising out of the use of a motor vehicle	inserted by 26/2010 s 3(3)	2.12.2010
nominal defendant	inserted by 26/2010 s 3(3)	2.12.2010
cl 9	amended by 8/2009 s 40(5)	1.2.2010
Sch 2	deleted by 50/1984 s 3(1) (Sch 5)	1.1.1985

Transitional etc provisions associated with Act or amendments

Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996

5—Transitional provision

An Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.

Road Traffic (Road Rules) Amendment Act 1999

57—Transitional provision

An exemption from a provision of the Local Government (Parking) Regulations 1991 granted by a council under Part 22A of the Local Government Act 1934 and in force at the commencement of this section is to be taken to be an exemption granted by the council under section 174C of the principal Act authorising the activity authorised by the former exemption subject to any conditions to which the former exemption was subject.

58—Report on operation of amended Act and Australian Road Rules

The Minister must, within six sitting days after the first anniversary of the date of commencement of this Act, cause a report on the operation of the principal Act as amended by this Act and the Australian Road Rules to be laid before each House of Parliament.

Road Traffic (Alcohol Interlock Scheme) Amendment Act 2000

9—Report on operation of amendments

The Minister must, within six sitting days after the second anniversary of the date of commencement of section 50 of the Road Traffic Act 1961 as inserted by this Act, cause a report on the operation of the Road Traffic Act 1961 as amended by this Act and the Motor Vehicles Act 1959 as amended by this Act to be laid before each House of Parliament.

Statutes Amendment (Transport Portfolio) Act 2001

26—Transitional provisions

1. (1)

   An approval of the Governor issued for the purposes of the definition of alcotest in section 47A of the principal Act before the commencement of section 17 continues to operate as such an approval for the purposes of that definition as substituted by section 17.

2. (2)

   An amendment to the principal Act effected by a provision of this Part does not apply in relation to an offence committed before the commencement of that provision.

Road Traffic (Drug Driving) Amendment Act 2005, Pt 3

19—Review of operation of Act

1. (1)

   The Minister must cause a review to be undertaken and a report prepared on the first year's operation of the Road Traffic Act 1961 as amended by this Act in relation to drug testing.

2. (2)

   The review and report must be completed not later than 15 months after the date of commencement of this section.

3. (3)

   The Minister must cause a copy of the report under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving it.

Road Traffic (Notices of Licence Disqualification or Suspension) Amendment Act 2006, Sch 1—Transitional provision

The amendments to the Road Traffic Act 1961 effected by this Act apply in relation to a notice given, or purportedly given, under section 45B or 47IAA of that Act before or after the commencement of this Act (but not so as to affect any proceedings determined before the commencement of this Act).

Road Traffic (Use of Test and Analysis Results) Amendment Act 2010, Sch 1

1—Transitional provision

The amendments made by this Act to the Road Traffic Act 1961 apply in respect of civil proceedings whether commenced before or after the commencement of this Act.

Road Traffic (Emergency Service Speed Zones) Amendment Act 2013

6—Review of operation of Act

1. (1)

   The Minister must cause a review of the operation of the provisions of the Road Traffic Act 1961 enacted or amended by this Act to be conducted, and a report on the results of the review to be submitted to him or her.

2. (2)

   The review must be completed, and the report submitted to the Minister, before the third anniversary of the commencement of this section.

3. (3)

   The Minister must, within 12 sitting days after receiving the report under this section, cause copies of the report to be laid before both Houses of Parliament.

Road Traffic (Roadworks) Amendment Act 2017, Sch 1—Transitional provision

An approval of the Minister given under Part 2 Division 2 of the Road Traffic Act 1961 before the commencement of this Act continues in operation after the commencement of this Act and has effect, in relation to a work area or work site in existence at the commencement of this Act, as if it were a permit or approval (as the case may require) referred to in section 20(4) of that Act as substituted by this Act.

Statutes Amendment (South Eastern Freeway Offences) Act 2019, Sch 1—Transitional provisions

1—Interpretation

In this Schedule—

South Eastern Freeway offence means—

1. (a)

   an offence against section 45C of the Road Traffic Act 1961; or

2. (b)

   an offence against section 79B of the Road Traffic Act 1961 constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45C(1) of the Road Traffic Act 1961.

2—Transitional provision

The provisions of the Motor Vehicles Act 1959 and the Road Traffic Act 1961 as amended by this Act do not apply in respect of a South Eastern Freeway offence committed or allegedly committed before the commencement of this Act (and the provisions of the Motor Vehicles Act 1959 and the Road Traffic Act 1961 as in force at the time of the offence or alleged offence will apply instead).

Historical versions

Reprint No 1—15.11.1991

Reprint No 2—28.11.1991

Reprint No 3—1.6.1992

Reprint No 4—6.7.1992

Reprint No 5—30.4.1993

Reprint No 6—4.11.1993

Reprint No 7—1.2.1994

Reprint No 8—1.7.1994

Reprint No 9—1.8.1994

Reprint No 10—5.1.1995

Reprint No 11—1.2.1996

Reprint No 12—2.5.1996

Reprint No 13—3.2.1997

Reprint No 14—1.7.1997

Reprint No 15—10.7.1997

Reprint No 16—17.11.1997

Reprint No 17—11.12.1997

Reprint No 18—15.1.1998

Reprint No 19—5.2.1998

Reprint No 20—20.7.1998

Reprint No 21—3.9.1998

Reprint No 22—22.10.1998

Reprint No 23—14.1.1999

Reprint No 24—11.3.1999

Reprint No 25—27.5.1999

Reprint No 26—6.9.1999

Reprint No 27—1.11.1999

Reprint No 28—1.12.1999

Reprint No 29—15.8.2000

Reprint No 30—9.7.2001

Reprint No 31—16.7.2001

Reprint No 32—27.5.2002

Reprint No 33—29.6.2002

Reprint No 34—1.12.2002

Reprint No 35—5.7.2003

Reprint No 36—19.9.2003

Reprint No 37—15.12.2003

Reprint No 38—1.1.2004

7.2.2005

1.6.2005

1.7.2005

31.10.2005

17.11.2005

1.12.2005 (electronic only)

4.12.2005

1.7.2006

30.7.2006

14.12.2006

15.12.2006 (electronic only)

30.4.2007

1.6.2007

25.9.2008 (electronic only)

29.9.2008

1.5.2009

1.6.2009

5.11.2009

1.2.2010

1.7.2010

4.9.2010

2.12.2010

12.3.2011

30.6.2011 (electronic only)

1.7.2011

21.8.2011

22.3.2012

1.1.2014

16.1.2014

26.1.2014

10.2.2014

1.9.2014

17.3.2016

14.7.2017

19.12.2017

22.2.2018

8.3.2018 (electronic only)

20.3.2018

24.4.2018 (electronic only)

30.4.2018

1.6.2018

1.12.2018 (electronic only)

13.12.2018

1.5.2019

3.10.2019

21.11.2019

6.12.2019

30.11.2020

3.10.2021

12.12.2022

13.2.2023

11.5.2023

1.1.2024