Road Traffic (Miscellaneous) Regulations 2014 (SA)

Case

South Australia

Road Traffic (Miscellaneous) Regulations 2014

under the Road Traffic Act 1961

Contents

Part 1—Preliminary

1            Short title

3            Interpretation

Part 2—Administrative provisions

Division 1—Traffic control devices

Subdivision 1—Work areas and work sites

4            Interpretation

4A          Section 20 of Act not applicable to short term low impact works or certain fire, ambulance, breakdown or other services etc

4B          Additional requirements for placement of speed limit signs at work areas or work sites

4C          Fees for roadworks permits

4D          Determination of levels of hazard etc in relation to roadworks

Division 2—Road closing provisions

5            Interpretation

6            Event management plan (section 33(1) of Act)

7           Road closing and exemptions for events (section 33 of Act)

8            Information to be available from council

Division 3—Enforcement officers and powers for Australian road laws

9            Prescribed provisions (section 35 of Act)

10          Warrants (section 41B of Act)

Part 3—Duties of drivers, passengers and pedestrians

Division A1—Vehicle misuse etc and careless and dangerous driving

10A        Ultra high powered vehicles (section 44C of Act)

Division 1—Notices relating to licence disqualification or suspension

11          Prescribed particulars of notice of licence disqualification or suspension (section 45B of Act)

11A         Prescribed particulars of notice of licence disqualification or suspension (section 45D of Act)

12          Prescribed particulars of notice of immediate licence disqualification or suspension (section 47IAA of Act)

13A         Exemption from cumulative application of new disqualification or suspension if existing suspension is under a prescribed provision

Division 2—Drink driving and drug driving

14          Approval of apparatus and kits for breath analysis etc (section 47H of Act)

15          Offences included in prescribed circumstances (section 47A of Act)

16          Prescribed drugs (section 47A of Act)

17          Conduct of breath analysis (section 47E(2e) of Act)

18          Oral advice on refusal or failure to comply with alcotest or breath analysis direction (section 47E(4) of Act)

19          Oral advice on refusal or failure to comply with drug screening test, oral fluid analysis or blood test direction (section 47EAA of Act)

20          Oral advice and written notice on recording of positive breath analysis reading (section 47K(2a) of Act)

21          Request for approved blood test kit (section 47K(2a) of Act)

22          Procedures for voluntary blood test (section 47K(1a) of Act)

23          Prescribed period for keeping blood samples and oral fluid samples (Schedule 1 clauses 2 and 7 of Act)

24          Information to be included on analyst's certificate (Schedule 1 clause 7 of Act)

24A         Use of sample of oral fluid or blood taken for prescribed purpose (Schedule 1 clause 8 of Act)

25          Declaration of hospitals for compulsory blood testing (section 47I of Act)

26          Recurrent offenders—prescribed day (section 47J of Act)

Division 3—Traffic speed analysers

27          Apparatus approved as traffic speed analysers (section 53A of Act)

Division 4—Photographic detection devices

Subdivision 1—Preliminary

28          Interpretation

29          Apparatus approved as photographic detection devices

30          Prescribed offences (section 79B of Act)

30A        Prescribed body corporate additional fees (section 79B(2a) of Act)

Subdivision 2—Notices

31          Notices for purposes of section 79B(5) and (6)

Subdivision 3—Operation and testing of photographic detection devices

32          Operation and testing of photographic detection devices referred to in regulation 29(1)(a) for offences committed at intersections, marked foot crossings or level crossings

33          Operation and testing of photographic detection devices referred to in regulation 29(1)(a) or (b)(iii) for offences committed other than at intersections, marked foot crossings or level crossings

34          Operation and testing of photographic detection devices referred to in regulation 29(1)(b)(i) or (ii) for offences committed other than at intersections, marked foot crossings or level crossings

35          Operation and testing of photographic detection devices referred to in regulation 29(1)(c)

36          Operation and testing of average speed cameras

37          Operation and testing of Safe‑T‑Cam photographic detection devices

37A        Operation and testing of device use detection cameras

Subdivision 4—Special provisions relating to average speed cameras

38          Average speed evidence (section 175A of Act)—identification of average speed cameras, average speed camera locations etc

39          Evasive action in relation to average speed camera

Subdivision 5—Special provisions relating to Safe‑T‑Cam photographic detection devices

40          Heavy vehicles and minimum allowable travel time

41          Same person not liable for more than 1 offence evidenced by same electronic record

42          Evasive action in relation to Safe‑T‑Cam photographic detection device

43          Evidentiary

Subdivision 6—Special provisions relating to device use detection cameras

43A         Device use offences (section 175B of Act)

43B         Prescribed photographic detection devices (section 175B of Act)

43C         Evidentiary provision

Part 4—Vehicle identification

44          Vehicle identification plates and numbers (section 110C of Act)

Part 5—Vehicle safety

45          Defect notices—prescribed classes of light vehicles (section 145(1b) of Act)

46          Formal written warnings, defect notices etc (section 145 of Act)

47          Authorisations (section 145(8) of Act)

48          Light vehicles that are not to be driven without Ministerial approval (section 161A of Act)

49          Seat belts and seat belt anchorages (section 162A of Act)

50          Child restraints, safety harnesses, booster seats etc

51          Safety helmets for riders of motor bikes and bicycles (section 162B of Act)

52          Safety helmets and riders of wheeled recreational devices and wheeled toys (section 162C of Act)

53          Modification of motor vehicles

54          Wheels and tyres

55          Sprocket drive vehicles

56          Bicycle trailers

Part 6—Central Inspection Authority

57          Prescribed class of vehicles (section 163C(1) of Act)

58          Prescribed period (section 163D(1a) of Act)

59          Certificate of inspection (section 163D(2) of Act)

60          Design, maintenance etc requirements for vehicles to which Part 4A of Act applies

Part 7—Miscellaneous

61          Emergency workers and employing authorities (sections 45 and 46 of Act)

61A         South Eastern Freeway: prescribed road (section 45C of Act)

62          Emergency workers (sections 83 and 110AAAA of Act)

63          Prescribed provisions (sections 174A, 174B, 174C and 174D of Act)

64          Prohibition of vehicles carrying dangerous substances on certain roads

64A         Electric personal transporters

65          Prohibition on towing more than 1 vehicle

66          Prohibition on parking in certain public places

66A         Prescribed electronic devices for the fixing of fees for parking

67          Prohibition on fishing etc from certain bridges

68          Prohibition on dogs on certain bicycle paths

69          Determination of mass

70          Proof of GTM

71          Exemptions

Schedule 1—Forms

Schedule 2—Hospitals declared for compulsory blood tests

Schedule 3—Fees

1            Fees for inspections

2            Fees for light vehicle permits

3            Fees for roadworks permits

Schedule 4—Expiation of offences

Part 1—Preliminary

1            Expiation of alleged offences

2            Photographic detection devices

3            Expiation fee for certain offences at average speed camera locations

4            Expiation fee for certain Road Rules contraventions within 100 metres of Safe‑T‑Cam photographic detection device

5            Lesser expiation fee if motor vehicle not involved

6            Prescribed roads—offences against section 45A of Act involving road trains

Part 2—Offences against the Road Traffic Act 1961

Part 3—Offences against the Australian Road Rules

Part 4—Offences against the Road Traffic (Miscellaneous) Regulations 2014

Part 5—Offences against the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014

Schedule 5—Transitional provisions

Part 1—Preliminary

1            Interpretation

Part 3—Transitional provisions

3            Transitional provisions

Legislative history

Part 1—Preliminary

1—Short title

These regulations may be cited as the Road Traffic (Miscellaneous) Regulations 2014.

3—Interpretation

  1. In these regulations, unless the contrary intention appears—

    Act means the Road Traffic Act 1961;

    ADR (Australian Design Rule) means a national standard under the Motor Vehicle Standards Act 1989 of the Commonwealth, as in force from time to time;

    approved courier means a person approved by the Commissioner of Police as a courier for the purposes of Schedule 1 of the Act;

    average speed, in relation to a vehicle travelling between 2 average speed camera locations, means the average speed of the vehicle between those locations calculated in accordance with section 175A(4)(b)(ii) of the Act;

    average speed camera—see regulation 38(3)(a);

    average speed camera location has the same meaning as in section 175A of the Act;

    average speed camera location offence means—

    (a)an offence against rule 132(2) (Keeping to the left of a dividing line) or rule 150(1) (Driving on or across a continuous white edge line) of the Australian Road Rules; or

    (b)an offence against regulation 39 of these regulations (Evasive action in relation to average speed camera); or

    (c)an offence against section 164A(1) of the Road Traffic Act 1961 constituted of a contravention of or failure to comply with section 110 of the Act (Driving on sealed surface);

    B‑double means a combination consisting of a prime mover towing 2 semi‑trailers, with the first semi‑trailer being attached directly to the prime mover by a fifth wheel coupling and the second semi‑trailer being mounted on the rear of the first semi‑trailer by a fifth wheel coupling on the first semi‑trailer;

    bicycle trailer means a trailer built for being towed by a bicycle;

    car means a motor vehicle built mainly to carry people that—

    (a)seats not over 9 people (including the driver); and

    (b)has a body commonly known as a sedan, station wagon, coupe, convertible or roadster; and

    (c)has 4 or more wheels;

    car‑type utility or car‑type panel van means a motor vehicle of the kind commonly known as a utility or panel van of the same make as a factory produced car and in which the forward part of the body and the greater part of the mechanical equipment are the same as those in the car;

    Central Inspection Authority means the Central Inspection Authority established by Part 4A of the Act;

    commercial motor vehicle means—

    (a)a light motor vehicle constructed or adapted solely or mainly for the carriage of goods; or

    (b)a light motor vehicle of the type commonly called a utility; or

    (c)a bus that is a light motor vehicle;

    converter dolly means a pig trailer with a fifth wheel coupling designed to convert a semi‑trailer into a dog trailer;

    device use detection camera means a photographic detection device prescribed for the purposes of section 175B of the Act;

    Note—

    See also regulations 29(1)(f) and 43B.

    device use offence has the same meaning as in section 175B of the Act;

    Note—

    See also regulation 43A.

    dog trailer means a trailer (including a trailer consisting of a semi‑trailer and converter dolly) with—

    (a)1 axle group or single axle at the front that is steered by connection to the towing vehicle by a drawbar; and

    (b)1 axle group or single axle at the rear;

    electric personal transporter—see regulation 64A;

    expiation notice means an expiation notice under the Expiation of Offences Act 1996;

    expiation reminder notice means an expiation reminder notice under the Expiation of Offences Act 1996;

    fifth wheel coupling means a device (other than an upper rotating element and a kingpin) used with a prime mover, semi‑trailer or converter dolly to—

    (a)permit quick coupling and uncoupling; and

    (b)provide for articulation;

    GDA94 means the Geocentric Datum of Australia as defined in Commonwealth of Australia Gazette No 35 of 6 September 1995;

    GDA2020 has the same meaning as in the National Measurement (Recognized‑Value Standard of Measurement of Position) Determination 2017 made under section 8A of the National Measurement Act 1960 of the Commonwealth;

    GTM (gross trailer mass) means the maximum loaded mass transmitted to the ground by the axles of a trailer when it is connected to a towing vehicle—

    (a)as specified by the manufacturer; or

    (b)as specified by an Australian Authority if—

    (i)the manufacturer has not specified a maximum loaded mass transmitted to the ground by the axles of the trailer when connected to a towing vehicle; or

    (ii)the manufacturer cannot be identified; or

    (iii)the trailer has been modified to the extent that the manufacturer's specification is no longer appropriate;

    pig trailer means a trailer—

    (a)with 1 axle group or a single axle near the middle of its load carrying surface; and

    (b)connected to the towing vehicle by a drawbar;

    prescribed certification mark means the certification mark of—

    (a)Standards Australia; or

    (b)a body accredited under the system established by Australia and New Zealand known as the Joint Accreditation System of Australia and New Zealand;

    prescribed part, of a photographic detection device, means—

    (a)a closed‑circuit television camera; or

    (b)an induction loop vehicle detector; or

    (c)a piezoelectric traffic sensor; or

    (d)a Variable Speed Limit Sign,

    that forms part of the device;

    reckless or dangerous driving offence means an offence against section 46(1) of the Act;

    recording media

    (b)in relation to a digital or other electronic camera—means any disk, card or other thing used to store electronic records made by the camera;

    red light offence means—

    (a)an offence against rule 56(1), 56(2), 59(1) or 60 of the Australian Road Rules; or

    (b)an offence against rule 123(a) of the Australian Road Rules constituted of entering a level crossing while twin red lights are operating;

    registration offence has the same meaning as in Schedule 1 of the Motor Vehicles Act 1959;

    road train means a combination, other than a B‑double, consisting of a motor vehicle towing at least 2 trailers, excluding any converter dolly supporting a semi‑trailer;

    Safe‑T‑Cam photographic detection device means a photographic detection device of a kind referred to in regulation 29(1)(d) that includes a camera that, when activated, makes an electronic record of a vehicle at one of 2 points on a road, which electronic record, when used in conjunction with an electronic record of the vehicle made by another such camera at the other point, may be used for the purposes of calculating the time taken for the vehicle to travel, or the speed of the vehicle, between the 2 points;

    Southern Expressway means Road Number 6780 Southern Expressway between—

    (a)its intersection with Road Number 6726 Panalatinga Road and Road Number 6203 Main South Road at Trott Park; and

    (b)its junction with Road Number 6203 Main South Road at Bedford Park;

    speeding offence means—

    (a)an offence against section 45A or 45C(1) of the Act; or

    (b)an offence against a provision of Part 3 of the Australian Road Rules; or

    (c)an offence against regulation 8(1), 8(2) or 8A(1) of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014;

    stub line—see regulation 38;

    towtruck has the same meaning as in the Motor Vehicles Act 1959;

    tractor means a light motor vehicle used for towing purposes, other than—

    (a)a motor vehicle designed to carry goods or passengers; or

    (b)a towtruck; or

    (c)a prime mover;

    Transport Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Act;

    Variable Speed Limit Sign means a variable illuminated message device that displays or is designed to display a speed limit sign.

  2. In these regulations, intersection, level crossing, marked foot crossing, speed limit sign, stop line, traffic lights, twin red lights and variable illuminated message device have the same respective meanings as in the Australian Road Rules.

  3. In these regulations, a reference to a prescribed part of a photographic detection device—

    (a)includes a reference to more than 1 such prescribed part; and

    (b)if more than 1 such prescribed part forms part of a photographic detection device, is a reference to any such part.

  4. For the purposes of paragraph (b) of the definition of corresponding Authority in section 5(1) of the Act—

    (a)the Authority as defined in the Road Transport Act 2013 of New South Wales is declared to be the corresponding Authority for that State;

    (b)the chief executive for the purposes of the Transport Operations (Road Use Management) Act 1995 of Queensland is declared to be the corresponding Authority for that State;

    (c)the Corporation as defined in the Road Safety Act 1986 of Victoria is declared to be the corresponding Authority for that State.

  5. For the purposes of the definition of corresponding law in section 5(1) of the Act, the following are declared to be corresponding laws:

    (a)the Road Transport Act 2013 of New South Wales;

    (b)the Transport Operations (Road Use Management) Act 1995 of Queensland;

    (c)the Road Safety Act 1986 of Victoria.

  6. For the purposes of paragraph (a) of the definition of corresponding road law in section 5(1) of the Act—

    (a)the Road Transport Act 2013 of New South Wales is declared to be a corresponding road law for that State;

    (b)the Transport Operations (Road Use Management) Act 1995 of Queensland is declared to be a corresponding road law for that State;

    (c)the Road Safety Act 1986 of Victoria is declared to be a corresponding road law for that State.

  7. For the purposes of the definition of unladen mass in section 5(1) of the Act, the following equipment carried (either habitually or intermittently) on the vehicle are prescribed equipment:

    (a)the following if carried on a vehicle other than a vehicle registered at concessional registration fee rates for primary producers under section 34 of the Motor Vehicles Act 1959:

    (i)stock hurdles, stock crates, sheep gates, cages and other similar equipment used to contain animals;

    (ii)containers and tanks used to carry solid, liquid or gaseous loads;

    (iii)stake sides, drop sides, canopies, frames, tarpaulins and other similar equipment used to contain or protect a load;

    (b)cranes, hoists, platforms and other similar equipment for the purpose of loading or unloading goods;

    (c)air‑conditioners, sleeping and cooking equipment, refrigeration units, radios and tape recorders and similar equipment;

    (d)tools, tool boxes, towbars, spare tyres, roof racks and other similar spare equipment;

    (e)any other equipment that is not part of a load and is usually carried on the vehicle.

(7a)For the purposes of the definition of wheeled recreational device in section 5(1) of the Act, a wheeled recreational device within the meaning of the Australian Road Rules (but excluding an electric personal transporter) is prescribed.

(7b)For the purposes of the definition of wheeled toy in section 5(1) of the Act, a wheeled toy within the meaning of the Australian Road Rules is prescribed.

  1. For the purposes of these regulations, each edition of—

    (a)an Australian Standard (or AS) of a specified number; and

    (b)an Australian/New Zealand Standard (or AS/NZS) of the same number,

    will be taken to be an edition of the same standard.

Part 2—Administrative provisions

Division 1—Traffic control devices

Subdivision 1—Work areas and work sites

4—Interpretation

  1. In this Subdivision—

    Workzone Traffic Management Standards means the SA Standards for Workzone Traffic Management published by the Department for Infrastructure and Transport, as in force from time to time.

  2. Unless the contrary intention appears, words and phrases defined in section 20 of the Act have the same respective meanings in this Subdivision (and in clause 3 of Schedule 3) as in that section.

4A—Section 20 of Act not applicable to short term low impact works or certain fire, ambulance, breakdown or other services etc

  1. Section 20 of the Act does not apply to or in relation to—

    (a)a public authority or a contractor engaged by a public authority, or an employee of a public authority or of such a contractor, in relation to a work area or work site where workers are engaged at the direction of that authority, contractor or employee to carry out short term low impact works, provided that—

    (i)the public authority, contractor or employee complies with Section 8.2 of the Workzone Traffic Management Standards; and

    (ii)the works are not carried out—

    (A)between the hours of 7 am and 9 am, Monday to Friday (inclusive); or

    (B)between the hours of 4 pm and 6 pm, Monday to Friday (inclusive); or

    (C)if the work area or work site includes a length of road to which a clearway sign applies—during a period referred to above or during any additional period for which the clearway sign applies to that length of road; or

    (b)the following authorities, bodies or persons, in relation to a work area or work site where workers are engaged at the direction of the authority, body or person:

    (i)the South Australian Metropolitan Fire Service, South Australian Country Fire Service or South Australian State Emergency Service, or a member of such an organisation acting in the course of the member's duty;

    (ii)the SA Ambulance Service Inc, St John Ambulance Australia South Australia Incorporated or any other authority, body or person authorised to provide ambulance services under the Health Care Act 2008, or a person providing ambulance services under that Act on behalf of such an authority, body or person;

    (iii)an authorised officer under the Emergency Management Act 2004 acting in the course of the officer's duty;

    (iv)the Australian Federal Police or a member of the Australian Federal Police acting in the course of the member's duty;

    (v)the Australian Border Force or a member of the Australian Border Force acting in the course of the member's duty;

    (vi)members of the armed forces of the Commonwealth engaged in police, fire fighting or ambulance duties or duties in connection with the urgent disposal of explosives or any emergency;

    (vii)employees of Airservices Australia engaged in fire fighting duties or duties in connection with an emergency; or

    (c)an authority, body or person, in relation to a work area or work site where workers are engaged at the direction of the authority, body or person to—

    (i)provide breakdown or towing services; or

    (ii)investigate, or provide assistance at the site of, a road accident; or

    (d)the Transport Department or a contractor acting on behalf of the Department, or an employee of the Department or of such a contractor, in relation to a work area or work site where workers are engaged at the direction of the Department, contractor or employee in road clearance work.

  2. In this regulation—

    breakdown services include repairing a disabled vehicle, or providing other assistance to enable a disabled vehicle to be driven, or assisting a person to gain access to the person's vehicle;

    clearway sign has the same meaning as in the Australian Road Rules;

    member of the Australian Border Force has the same meaning as in regulation 62;

    road clearance work means the removal from a road of material (including trees or other debris, animal remains or any article or material that has fallen from a vehicle) that is interfering with the use of the road by persons or vehicles;

    short term low impact works means works that involve the occupation of a road for not more than 20 minutes;

    towing services include towing vehicles at the site of an accident or towing vehicles that have broken down or that are unsafely or illegally parked and can legally be removed.

4B—Additional requirements for placement of speed limit signs at work areas or work sites

For the purposes of section 20(3) of the Act, a speed limit sign that is placed on a road by an authority, body or person 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 must (in addition to being placed on the road with a relevant authorisation and in accordance with Part 2 of the Act as required by section 20) be placed on the road in accordance with the Workzone Traffic Management Standards.

4C—Fees for roadworks permits

The fee for a roadworks permit is the fee provided for in Schedule 3.

4D—Determination of levels of hazard etc in relation to roadworks

Pursuant to section 20(16) of the Act, the Workzone Traffic Management Standards are prescribed as standards or requirements for determining, for the purposes of section 20—

(a)whether or not a work area involves—

(i)a hazard to workers or a greater than normal level of hazard for persons using the road; or

(ii)an unusually high level of hazard to workers or persons using the road; or

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

(i)affected by works in progress; or

(ii)used to regulate traffic in relation to works or for associated purposes; or

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

Division 2—Road closing provisions

5—Interpretation

In this Division—

council area means a municipality or district council district;

event means an event—

(a)to which section 33 of the Act has been declared to apply; or

(b)in relation to which application has been made to the Minister for a declaration that section 33 is to apply.

6—Event management plan (section 33(1) of Act)

  1. For the purposes of section 33(1) of the Act, the Minister may require an applicant seeking an order for either or both of the following:

    (a)closure of a road;

    (b)exemption of persons from the duty to observe an enactment, regulation or by‑law,

    to provide the Minister with an event management plan.

  2. The event management plan must be prepared in consultation with—

    (a)the Commissioner of Police; or

    (b)the Commissioner of Highways; or

    (c)each council within whose area the event is to take place,

    as the Minister directs.

  3. The event management plan must specify the person with primary responsibility for the following tasks, and the time at which the tasks are to be carried out or completed, as may be necessary:

    (a)the provision, placement, erection and dismantling of traffic control devices;

    (b)the placement of advance warning signs;

    (c)the provision and distribution of written material advising of the road closure, as well as any necessary additional information, to members of the public likely to be affected by the closure, including—

    (i)local residents; and

    (ii)proprietors of local businesses; and

    (iii)persons who pay council rates on local property but do not use the property as a principal place of residence;

    (d)the fulfilment of other conditions the Minister thinks fit to impose under section 33(4) of the Act.

7—Road closing and exemptions for events (section 33 of Act)

  1. For the purposes of section 33(3) of the Act, if the Minister is of the opinion that the order under section 33(1) of the Act will substantially affect road users—

    (a)in another council area adjoining the council area within which the relevant event is to be held; or

    (b)on a road under the care, control and management of the Commissioner of Highways,

    the order must be advertised by at least 2 of the following methods (as the Minister considers appropriate in the circumstances after the applicant has engaged in the required consultations):

    (c)notice in a newspaper circulating generally throughout the State;

    (d)notice in the Gazette;

    (e)notice on a website determined by the Minister;

    (f)notice in a social media service determined by the Minister.

  2. For the purposes of section 33(3) of the Act, if the Minister is of the opinion that the order under section 33(1) of the Act will not substantially affect road users—

    (a)in another council area adjoining the council area within which the relevant event is to be held; or

    (b)on a road under the care, control and management of the Commissioner of Highways,

    the order must be advertised by at least 1 of the following methods (as the Minister considers appropriate in the circumstances):

    (c)notice in a newspaper circulating in the vicinity of the area to which the order applies;

    (d)notice in the Gazette;

    (e)notice on a website determined by the Minister;

    (f)notice in a social media service determined by the Minister.

  3. For the purposes of subregulation (1), if an order under section 33(1)(a) of the Act is made, the required consultations are—

    (a)consultations with the councils for the council areas within which the road to be closed is situated; and

    (b)consultations with the councils for any other council areas within which road users will be substantially affected by the road closure; and

    (c)if road users on a road under the care, control and management of the Commissioner of Highways will be substantially affected by the closure—consultations with the Commissioner of Highways; and

    (d)if the Minister directs—consultations with the Commissioner of Police.

  4. A notice referred to in subregulation (1) or (2) must, if an order under section 33(1)(a) of the Act is made—

    (a)identify the name of the road to be closed and the council area or council areas within which the road is situated; and

    (b)if the road closure order applies to only part of a road, identify the section of the road to be closed; and

    (c)specify the date on which the road is to be closed; and

    (d)specify the period of time during which the road is to be closed; and

    (e)identify all roads that will be inaccessible by vehicle as a result of the closure; and

    (f)include the name and telephone number of a person (if possible) or body from whom further details regarding the road closure can be obtained; and

    (g)include (if possible)—

    (i)the email address of a person from whom further information regarding the road closure can be obtained; or

    (ii)the address of a website from which further information regarding the road closure can be obtained.

  5. A notice referred to in subregulation (1) or (2) must, if an order under section 33(1)(b) of the Act is made, include particulars of any exemptions of persons from the duty to observe an enactment, regulation or by-law.

  6. In this regulation—

    social media service has the same meaning as in the Enhancing Online Safety Act 2015 of the Commonwealth.

8—Information to be available from council

The Minister must ensure that every council within whose area a road to be closed is situated is provided with the following information, which is to be kept available for inspection by members of the public at the office of the council until the event has taken place:

(a)the name of every road that will be inaccessible by vehicle as a result of the closure;

(b)the duration of the closure;

(c)if an order has been made under section 33(1)(b) of the Act exempting persons from the duty to observe an enactment, regulation or by‑law—particulars of the order;

(d)a copy of the road closure order;

(e)if a traffic management plan has been prepared in relation to the road closure—a copy of that plan;

(f)if an event management plan has been prepared—a copy of that plan;

(g)other relevant documentation.

Division 3—Enforcement officers and powers for Australian road laws

9—Prescribed provisions (section 35 of Act)

For the purposes of section 35 of the Act (Appointment of authorised officers), the following are prescribed provisions:

(a)the provisions of Part 12 of the Australian Road Rules (Restrictions on stopping and parking);

(b)regulation 66 of these regulations (Prohibition on parking in certain public places).

10—Warrants (section 41B of Act)

  1. An application for a warrant under section 41B of the Act may be made by facsimile.

  2. An application for a warrant made personally or by facsimile must be in a form approved by the Chief Magistrate.

  3. An application for a warrant may be made by telephone or facsimile only if, in the opinion of the applicant, the warrant is urgently required and there is not enough time to lodge a written application and appear before a magistrate.

  4. If an application for a warrant is made by telephone, the following provisions apply:

    (a)the applicant must inform the magistrate of the applicant's name and identify himself or herself as an authorised officer and the magistrate, on receiving that information, is entitled to assume its accuracy without further inquiry;

    (b)the applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought;

    (c)the magistrate may, on being satisfied as to the grounds for the issue of the warrant, inform the applicant of the facts on which the magistrate relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts;

    (d)the magistrate must inform the applicant of the terms of the warrant;

    (e)the applicant must fill out and sign a warrant form (the duplicate warrant) that specifies—

    (i)the name of the magistrate issuing the warrant; and

    (ii)the person authorised to exercise the powers conferred by the warrant; and

    (iii)the period for which the warrant will be in force;

    (f)the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c) and a copy of the duplicate warrant.

  5. If an application for the issue of a warrant is made by facsimile, the following provisions apply:

    (a)the applicant must be available to speak to the magistrate by telephone;

    (b)the magistrate is entitled to assume, without further inquiry, that a person who identifies himself or herself as the applicant acting in the capacity of an authorised officer during a telephone conversation with the magistrate is indeed the applicant acting in that capacity;

    (c)the magistrate must forward the warrant to the applicant by facsimile transmission.

Part 3—Duties of drivers, passengers and pedestrians

Division A1—Vehicle misuse etc and careless and dangerous driving

10A—Ultra high powered vehicles (section 44C of Act)

  1. For the purposes of the definition of ultra high powered vehicle in section 44C(3) of the Act, a motor vehicle—

    (a)with a GVM not greater than 4.5 tonnes, but not including a bus or a motor bike or motor trike; and

    (b)with a power to weight ratio equal to or greater than 276 kilowatts per tonne,

    is prescribed.

  2. In this regulation—

    motor trike means a motor vehicle with 3 wheels, but does not include—

    (a)a 2 wheeled motor vehicle with a sidecar attached to it and supported by a third wheel; or

    (b)a motor vehicle with 3 wheels that has a body type commonly known as, or similar to, a sedan, station wagon, coupe, convertible, roadster, utility, tray top or van.

Division 1—Notices relating to licence disqualification or suspension

11—Prescribed particulars of notice of licence disqualification or suspension (section 45B of Act)

(a1)For the purposes of section 45B(1) of the Act, the prescribed particulars of a notice of licence disqualification or suspension given to a person are as follows:

(a)the name, residential address and date of birth of the person to whom the notice is given;

(b)the person's driver's licence number (if known);

(c)the date and time of the offence to which the notice relates;

(d)the notice number;

(e)the date and time of the giving of the notice;

(f)that the notice is given under section 45B of the Act;

(g)whether the notice relates to—

(i)an offence against section 45A(1) of the Act; or

(ii)an offence against section 79B(2) of the Act 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 45A(1) of the Act;

(h)the circumstances in which the notice of licence disqualification or suspension is given;

Examples—

•a police officer reasonably believes that the person has committed an offence against section 45A(1) of the Act;

•an alleged offence against section 79B(2) of the Act by the person 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 45A(1) of the Act.

(i)that the person is disqualified from holding or obtaining a driver's licence, or the person's driver's licence is suspended;

(j)the rank, name and identification number of the police officer giving the notice;

(k)an indication as to when the disqualification or suspension of licence should commence;

(l)the period for which the disqualification or suspension applies.

  1. For the purposes of section 45B(3) of the Act, the prescribed particulars of a notice of licence disqualification or suspension given to a person that must be forwarded to the Registrar are as follows:

    (a)the person's name;

    (b)the person's address;

    (c)the person's date of birth;

    (d)if the person produces his or her licence—the person's licence number;

    (e)the date and time of the offence to which the notice relates;

    (f)whether the notice relates to—

    (i)an offence against section 45A of the Act; or

    (ii)an offence against section 79B of the Act 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 45A of the Act;

    (g)the date and time of the issue of the notice;

    (h)an indication as to when the disqualification or suspension of licence should commence.

  2. For the purposes of section 45B(4) of the Act, the prescribed particulars that must be included in a notice of licence disqualification or suspension sent, by post, to a person by the Registrar are as follows:

    (a)the person's name;

    (b)the person's address;

    (c)the person's date of birth;

    (d)the person's licence number;

    (e)the date and time of the offence to which the notice relates;

    (f)whether the notice relates to—

    (i)an offence against section 45A of the Act; or

    (ii)an offence against section 79B of the Act 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 45A of the Act;

    (g)the date and time of the issue of the notice;

    (h)the date and time of the commencement of the disqualification or suspension of licence.

11A—Prescribed particulars of notice of licence disqualification or suspension (section 45D of Act)

(a1)For the purposes of section 45D(2) of the Act, the prescribed particulars of a notice of licence disqualification or suspension given to a person are as follows:

(a)the name, residential address and date of birth of the person to whom the notice is given;

(b)the person's driver's licence number (if known);

(c)the date and time of the alleged offence to which the notice relates;

(d)the notice number;

(e)the date and time of the giving of the notice;

(f)that the notice is given under section 45D of the Act;

(g)whether the notice relates to—

(i)an offence against section 45C(1) or (2) of the Act; or

(ii)an offence against section 79B(2) of the Act 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 Act;

(h)the circumstances in which the notice of licence disqualification or suspension is given;

Examples—

•a police officer reasonably believes that the person has committed an offence against section 45C(1) or (2) of the Act;

•an alleged offence against section 79B(2) of the Act by the person 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 Act.

(i)that the person is disqualified from holding or obtaining a driver's licence, or the person's driver's licence is suspended;

(j)the rank, name and identification number of the police officer giving the notice;

(k)an indication as to when the disqualification or suspension of licence should commence;

(l)the period for which the disqualification or suspension applies;

(m)that the person may apply to the court for an order that the person is not disqualified, or the person's driver's licence is not suspended, by the notice.

  1. For the purposes of section 45D(5)(a) of the Act, the prescribed particulars of a notice of licence disqualification or suspension given to a person that must be forwarded to the Registrar are as follows:

    (a)the person's name;

    (b)the person's address;

    (c)the person's date of birth;

    (d)if the person produces the person's licence—the person's licence number;

    (e)the date and time of the offence to which the notice relates;

    (f)whether the notice relates to—

    (i)an offence against section 45C(1) or (2) of the Act; or

    (ii)an offence against section 79B of the Act 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 Act;

    (g)the date and time of the issue of the notice;

    (h)an indication as to when the disqualification or suspension of licence should commence.

  2. For the purposes of section 45D(5)(b) of the Act, the prescribed particulars that must be included in a notice of licence disqualification or suspension sent, by post, to a person by the Registrar are as follows:

    (a)the person's name;

    (b)the person's address;

    (c)the person's date of birth;

    (d)the person's licence number;

    (e)the date and time of the offence to which the notice relates;

    (f)whether the notice relates to—

    (i)an offence against section 45C(1) or (2) of the Act; or

    (ii)an offence against section 79B of the Act 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 Act;

    (g)the date and time of the issue of the notice;

    (h)the date and time of the commencement of the disqualification or suspension of licence.

12—Prescribed particulars of notice of immediate licence disqualification or suspension (section 47IAA of Act)

(a1)For the purposes of section 47IAA(2) of the Act, the prescribed particulars of a notice of immediate licence disqualification or suspension given to a person are as follows:

(a)the name, residential address and date of birth of the person to whom the notice is given;

(b)the person's driver's licence number (if known);

(c)the date and time of the alleged offence to which the notice relates;

(d)the notice number;

(e)the date and time of the giving of the notice;

(f)that the notice is given under section 47IAA of the Act;

(g)whether the notice relates to—

(i)a category 2 offence; or

(ii)a category 3 offence; or

(iii)an offence against section 46(1) of the Act; or

(iv)an offence against section 47BA(1) or (1a) of the Act; or

(v)an offence against section 47E(3) or (3a) of the Act; or

(vi)an offence against section 47EAA(9) or (9a) of the Act; or

(vii)an offence against section 47I(7) of the Act; or

(viii)an offence against section 47I(14) of the Act committed by a person who was the driver of a motor vehicle involved in the accident;

(h)the circumstances in which the notice of licence disqualification or suspension is given;

Examples—

•the police officer reasonably suspects that the person has committed an offence against section 47BA(1) or (1a) of the Act; or

•the police officer reasonably believes that the person has committed an offence (other than an offence against section 47BA(1) or (1a) of the Act) to which section 47IAA of the Act applies.

(i)that the person is disqualified from holding or obtaining a driver's licence, or the person's driver's licence is suspended;

(j)the rank, name and identification number of the police officer giving the notice;

(k)an indication as to when the disqualification or suspension of licence should commence;

(l)the period for which the disqualification or suspension applies;

(m)that the person may apply to the court for an order—

(i)that the person is not disqualified, or the person's driver's licence is not suspended, by the notice; or

(ii)reducing the period of disqualification or suspension applicable under the notice.

  1. For the purposes of section 47IAA(5) of the Act, the prescribed particulars of a notice of immediate licence disqualification or suspension given to a person that must be forwarded to the Registrar are as follows:

    (a)the person's name;

    (b)the person's address;

    (c)the person's date of birth;

    (d)if the person produces his or her licence—the person's licence number;

    (e)the date and time of the offence to which the notice relates;

    (f)whether the notice relates to—

    (i)a category 2 offence; or

    (ii)a category 3 offence; or

    (iii)an offence against section 46(1) of the Act; or

    (iv)an offence against section 47BA(1) or (1a) of the Act; or

    (iva)an offence against section 47E(3) or (3a) of the Act; or

    (ivb)an offence against section 47EAA(9) or (9a) of the Act; or

    (ivc)an offence against section 47I(7) of the Act; or

    (v)an offence against section 47I(14) committed by a person who was the driver of a motor vehicle involved in the accident;

    (g)the date and time of the issue of the notice;

    (h)an indication as to when the disqualification or suspension of licence should commence.

  2. For the purposes of section 47IAA(6) of the Act, the prescribed particulars that must be included in a notice of licence disqualification or suspension sent, by post, to a person by the Registrar are as follows:

    (a)the person's name;

    (b)the person's address;

    (c)the person's date of birth;

    (d)the person's licence number;

    (e)the date and time of the offence to which the notice relates;

    (f)whether the notice relates to—

    (i)a category 2 offence; or

    (ii)a category 3 offence; or

    (iii)an offence against section 46(1) of the Act; or

    (iv)an offence against section 47BA(1) or (1a) of the Act; or

    (iva)an offence against section 47E(3) or (3a) of the Act; or

    (ivb)an offence against section 47EAA(9) or (9a) of the Act; or

    (ivc)an offence against section 47I(7) of the Act; or

    (v)an offence against section 47I(14) committed by a person who was the driver of a motor vehicle involved in the accident;

    (g)the date and time of the issue of the notice;

    (h)the date and time of the commencement of the disqualification or suspension of licence.

13A—Exemption from cumulative application of new disqualification or suspension if existing suspension is under a prescribed provision

  1. If—

    (a)an order that a person be disqualified from holding or obtaining a driver's licence referred to in section 169B of the Act is made in relation to a person; and

    (b)at the time that the order is (but for the operation of section 169B(1)(b) of the Act) due to take effect, the person holds a driver's licence that is already suspended under a prescribed provision,

    the person is exempt from the requirement under section 169B(1)(b) of the Act that the order will instead take effect at the end of that prior suspension.

(2)Subregulation (1)—

(a)only applies where the time at which the order is due to take effect (the time referred to in subregulation (1)(b)) occurs on or after the commencement of this regulation; but

(b)applies whether the order was given, or the prior suspension was imposed, before, on or after that commencement.

  1. In this regulation—

    prescribed provision means—

    (a)section 38(1) of the Fines Enforcement and Debt Recovery Act 2017; or

    (b)section 80(2a)(e) of theMotor Vehicles Act 1959; or

    (c)section 82(1)(b) of the Motor Vehicles Act 1959; or

    (d)section 83 of the Motor Vehicles Act 1959.

Division 2—Drink driving and drug driving

14—Approval of apparatus and kits for breath analysis etc (section 47H of Act)

  1. The following apparatus are approved as breath analysing instruments:

    (a)Dräger Alcotest 7110 Mk V;

    (b)Lion Intoxilyzer 8000;

    (c)Dräger Alcotest 9510.

  2. The Alcolizer 5 Series is approved for the purpose of conducting alcotests.

  3. The Securetec Drugwipe II Twin is approved for the purposes of conducting drug screening tests.

  4. The "APPROVED 'BLOOD TEST KIT'" produced by Sarstedt Australia Pty. Ltd. is an approved blood test kit.

15—Offences included in prescribed circumstances (section 47A of Act)

For the purposes of paragraph (a) of the definition of prescribed circumstances in section 47A(1) of the Act, each of the following is an offence of a prescribed class:

(a)an offence against section 40H(5), 40I(2), 40J(3) or 40K(5) of the Act;

(b)an offence against section 40V(4), 40W(4) or 40X(3) of the Act committed by a person who was, at the time of the offence, the driver or other person in charge of a vehicle;

(c)an offence against a provision of Part 3 of the Act;

(d)an offence against a provision of the Australian Road Rules (other than an offence against a provision of Part 12 (Restrictions on stopping and parking));

(e)an offence against regulation 8(1), 8(2), 8A(1), 13, 27(1) or 44(1) of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014;

(f)an offence against section 19A(1), 19A(3), 19AB(1) or 19AB(2) of the Criminal Law Consolidation Act 1935 involving the driving of a vehicle;

(g)an offence against section 19AC(1) or 19AD(1) of the Criminal Law Consolidation Act 1935.

16—Prescribed drugs (section 47A of Act)

For the purposes of the definition of prescribed drug in section 47A(1) of the Act, the following are declared to be prescribed drugs:

(a)delta‑9‑tetrahydrocannabinol;

(b)methylamphetamine;

(c)3, 4‑methylenedioxymethamphetamine (MDMA).

17—Conduct of breath analysis (section 47E(2e) of Act)

  1. Pursuant to section 47E(2e) of the Act, if a person submits to a breath analysis, the breath analysis must be conducted in the following manner:

    (a)the person must provide 2 separate samples of breath for analysis; and

    (b)each sample must be provided in accordance with the directions of the operator of the breath analysing instrument and must consist of not less than 1 litre of breath; and

    (c)there must be an interval of not less than 2 minutes and not more than 10 minutes between the provision of the samples.

  2. Despite subregulation (1)—

    (a)if, on analysing a sample of breath, the breath analysing instrument indicates an error in the analysis of the sample—

    (i)that sample, or, if that sample was the second sample provided, both samples, must be disregarded; and

    (ii)the person may be required to provide 2 further samples of breath for analysis using a different instrument (and such samples must be provided in accordance with subregulation (1)(b) and (c)); or

    (b)if, on analysing a sample of breath, the breath analysing instrument indicates the presence of alcohol in the mouth of the person—

    (i)that sample, or, if that sample was the second sample provided, both samples, must be disregarded; and

    (ii)the person may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (1)(b) and (c)); or

    (c)if, on analysing 2 samples of breath, the breath analysing instrument indicates that the reading obtained on analysis of the second sample was more than 15% higher or lower than the reading obtained on analysis of the first sample—

    (i)those samples must be disregarded; and

    (ii)the person may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (1)(b) and (c)); or

    (d)if, for any reason, a second sample of breath is not provided within 10 minutes of the provision of the first sample—

    (i)the first sample is to be disregarded; and

    (ii)the person may be required to provide 2 further samples of breath for analysis (and such samples must be provided in accordance with subregulation (1)(b) and (c)).

  3. If a person submits to a breath analysis, the result of the breath analysis will, for the purposes of the Road Traffic Act 1961 and any other Act, be taken to be the reading produced by the breath analysing instrument, on analysis of the samples of breath provided by the person in accordance with this regulation, that indicates the lower concentration of alcohol in the person's breath (not taking into account any samples that, in accordance with this regulation, are to be disregarded).

18—Oral advice on refusal or failure to comply with alcotest or breath analysis direction (section 47E(4) of Act)

The prescribed oral advice for the purposes of section 47E(4)(ab) of the Act is set out in Schedule 1 Form 2.

19—Oral advice on refusal or failure to comply with drug screening test, oral fluid analysis or blood test direction (section 47EAA of Act)

The prescribed oral advice for the purposes of section 47EAA(10)(b) of the Act is set out in Schedule 1 Form 3.

20—Oral advice and written notice on recording of positive breath analysis reading (section 47K(2a) of Act)

  1. The oral advice required to be given for the purposes of section 47K(2a)(a) of the Act, must be as set out in Part A of Schedule 1 Form 4.

  2. The written notice required to be delivered for the purposes of section 47K(2a)(a) of the Act must be as set out in Part B of Schedule 1 Form 4.

21—Request for approved blood test kit (section 47K(2a) of Act)

  1. For the purposes of section 47K(2a)(b) of the Act, a request for an approved blood test kit must be made in accordance with the following provisions:

    (a)the request may, in the first instance, be made orally to the person operating the breath analysing instrument (operator);

    (b)on such a request having been made by the person, the operator or any other police officer present at the scene must complete a written request form in the form set out in Schedule 1 Form 5 by inserting the particulars required by the form;

    (c)the person making the request must then sign the request form in the presence of the operator or other police officer and the person's signature must be attested to by the signature of the operator or other police officer;

    (d)the original of the signed request form may be retained by the person making the request;

    (e)a copy of the signed request form must be delivered to the operator or other police officer.

  2. The copy of the request form delivered to the operator or other police officer must be delivered to the Minister or retained on the Minister's behalf for 12 months from the day on which the request form was signed by the person making the request.

22—Procedures for voluntary blood test (section 47K(1a) of Act)

The following are the prescribed procedures in accordance with which a sample of a person's blood must be taken and dealt with for the purposes of section 47K(1a) of the Act:

(a)the person must cause the sample to be taken by a medical practitioner or registered nurse of the person's choice and must deliver the blood test kit supplied to the person under section 47K(2a)(b) of the Act to the medical practitioner or registered nurse for use for that purpose;

(b)the medical practitioner or registered nurse by whom the sample of the person's blood is taken must place the sample, in approximately equal proportions, in 2 containers (being the containers provided as part of the blood test kit);

(c)each container must contain a sufficient quantity of blood to enable an accurate evaluation to be made of any concentration of alcohol present in the blood and the sample of blood taken by the medical practitioner or registered nurse must be such as to furnish 2 such quantities of blood;

(d)the medical practitioner or registered nurse must seal each container by application of the adhesive seal (bearing an identifying number) provided as part of the blood test kit;

(e)it is the duty of the medical practitioner or registered nurse to take such measures as are reasonably practicable in the circumstances to ensure that the blood is not adulterated and does not deteriorate so as to prevent a proper assessment of the concentration of alcohol present in the blood of the person from whom the sample was taken;

(f)the medical practitioner or registered nurse must then complete a certificate that includes the information set out in Schedule 1 Form 6;

(g)the certificate must be signed by the medical practitioner or registered nurse certifying as to the matters set out in the form;

(h)the certificate must also bear the signature of the person from whom the blood sample was taken, attested to by the signature of the medical practitioner or registered nurse;

(i)the original of the signed certificate must then be delivered to the person from whom the blood sample was taken together with 1 of the sealed containers containing part of the blood sample;

(j)a copy of the signed certificate must be delivered by the medical practitioner or registered nurse together with the other sealed container containing part of the blood sample to a police officer or an approved courier;

(k)a police officer to whom a copy of the signed certificate and the other sealed container is delivered under paragraph (j) must deliver the copy and container to Forensic Science SA or to an approved courier;

(l)an approved courier to whom a copy of the signed certificate and the other sealed container is delivered under this regulation must deliver the copy and container to Forensic Science SA;

(m)the blood sample container and copy of the certificate referred to in paragraph (j) must not be delivered into the possession of the person from whom the sample was taken;

(n)on receipt of the blood sample container and certificate at Forensic Science SA, the blood in the container must be analysed as soon as reasonably practicable by or under the supervision of an analyst to determine the concentration of alcohol present in the blood expressed in grams in 100 millilitres of blood;

(o)the analyst must then complete and sign a certificate certifying as to the following matters:

(i)the date of receipt at Forensic Science SA of the blood sample container and the certificate accompanying the blood sample container;

(ii)the identifying number appearing on the adhesive seal used to seal the blood sample container;

(iii)the name and professional qualifications of the analyst;

(iv)the concentration of alcohol found to be present in the blood expressed in grams in 100 millilitres of blood;

(v)any factors relating to the blood sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis;

(vi)any other information relating to the blood sample or analysis or both that the analyst thinks fit to include;

(p)the analyst's certificate must be sent by post to the person from whom the blood sample was taken at the address shown as the person's address on the certificate accompanying the blood sample container;

(q)a copy of the analyst's certificate must be sent to or retained on behalf of the Minister;

(r)a copy of the analyst's certificate must also be sent to the Commissioner of Police;

(s)the person from whom the blood sample was taken may cause the sample of blood as contained in the blood sample container delivered to that person to be analysed to determine the concentration of alcohol present in the blood.

23—Prescribed period for keeping blood samples and oral fluid samples (Schedule 1 clauses 2 and 7 of Act)

For the purposes of clauses 2(e)(ii) and 7(e)(ii) of Schedule 1 of the Act, the prescribed period for which a container containing a sample of a person's blood or oral fluid (as the case requires) must be kept available for collection by or on behalf of that person is 12 months from the day on which the sample was taken from the person.

24—Information to be included on analyst's certificate (Schedule 1 clause 7 of Act)

For the purposes of clause 7(f)(iv) of Schedule 1 of the Act, the required information in relation to any prescribed drug or drugs found to be present in the sample is information identifying the drug or drugs.

24A—Use of sample of oral fluid or blood taken for prescribed purpose (Schedule 1 clause 8 of Act)

For the purposes of Schedule 1 clause 8(1)(b) of the Act, the following purposes are prescribed:

(a)research for the purpose of identifying trends in drug use, with a view to informing the following:

(i)the list of prescribed drugs in regulation 16;

(ii)education campaigns to deter drug driving;

(b)research for the purposes of the validation, development and furtherance of forensic research and methodologies.

25—Declaration of hospitals for compulsory blood testing (section 47I of Act)

The institutions declared to be hospitals for the purposes of section 47I(19) of the Act are specified in Schedule 2.

26—Recurrent offenders—prescribed day (section 47J of Act)

For the purposes of section 47J of the Act, the prescribed day is 1 February 2010.

Division 3—Traffic speed analysers

27—Apparatus approved as traffic speed analysers (section 53A of Act)

Pursuant to section 53A of the Act, the following are approved as traffic speed analysers:

(a)a Genesis‑VP Directional Traffic Safety Radar;

(b)a Kustom hand‑held radar traffic speed analyser;

(c)a Kustom mobile radar traffic speed analyser;

(d)a Kustom Prolaser II infrared light detection and ranging system manufactured by Kustom Signals Inc;

(e)a Laser Technology Inc. LTI 20/20 TruSpeed laser;

(ea)a RAPTOR RP-1 manufactured by Kustom Signals Inc.;

(f)a REDFLEXpoint‑to‑point camera system manufactured by Redflex Traffic Systems Pty Ltd, linked to and used in conjunction with an induction loop vehicle detector;

(g)a REDFLEXred‑speed HDX system manufactured by Redflex Traffic Systems Pty Ltd, linked to and used in conjunction with an induction loop vehicle detector;

(h)a REDFLEXred‑speed HDX system manufactured by Redflex Traffic Systems Pty Ltd, linked to and used in conjunction with an induction loop vehicle detector, a Variable Speed Limit Sign and a closed‑circuit television camera;

(i)a REDFLEXred‑speed HDX system manufactured by Redflex Traffic Systems Pty Ltd, linked to and used in conjunction with an induction loop vehicle detector, a piezoelectric traffic sensor, a Variable Speed Limit Sign and a closed‑circuit television camera;

(j)a REDFLEXradarcam mobile digital camera system (with or without tripod mounting) manufactured by Redflex Traffic Systems Pty Ltd of Australia;

(ja)a REDFLEXradarcam mobile dual radar digital camera system (with or without tripod mounting) manufactured by Redflex Traffic Systems Pty Ltd of Australia;

(k)a Traffipax Speedophot II;

(l)a Traffipax Traffiphot III‑SR manufactured by Robot Visual Systems GmbH of Germany, linked to and used in conjunction with an induction loop vehicle detector;

(m)a Traffipax Traffiphot III‑SRD manufactured by Robot Visual Systems GmbH of Germany, linked to and used in conjunction with an induction loop vehicle detector;

(n)a Traffistar SR520 manufactured by Robot Visual Systems GmbH of Germany or Jenoptik Robot GmbH of Germany, linked to and used in conjunction with an induction loop vehicle detector;

(o)an UltraLyte 100 LR Laser Speed Gun.

Division 4—Photographic detection devices

Subdivision 1—Preliminary

28—Interpretation

  1. In this Division—

    check, in relation to a photographic detection device, means the examination (whether on site, from a remote location or both on site and from a remote location) of the device (or an electronic record made by the device, or photograph produced from such a record) to determine settings for the operation of the device—

    (a)displayed by, or able to be determined from, the device at the time of the check; or

    (b)displayed by the device at, or able to be determined from the device in relation to, an earlier point in time;

    test, in relation to a photographic detection device, may include—

    (a)an examination of the device (or of an electronic record made by the device, or photograph produced from such a record); or

    (b)the operation or partial operation of the device (including wholly or partially in a test or virtual mode); or

    (c)the performance of observations or other actions external to the device; or

    (d)any combination of the above undertaken simultaneously or separately,

    (whether on site, from a remote location or both on site and from a remote location).

  2. For the purposes of this Division—

    (a)a requirement in this Division relating to the installation or setting up of a photographic detection device of a kind referred to in regulation 29(1)(a), (b) or (e) to provide evidence of offences will be taken to also apply to the removal of such a device (or portion of such a device) with recording media in place to a new location from another location at which it was previously being used to provide evidence of offences; and

    (b)an average speed camera location is, in relation to 2 average speed camera locations whose location and shortest distance from each other along a particular route are specified in a notice under section 175A(3) of the Act—

    (i)a start location if it is the first of the locations that is reached by a vehicle travelling along that route in the general direction of travel specified in the notice; and

    (ii)an end location if it is the second of the locations reached by such a vehicle.

29—Apparatus approved as photographic detection devices

  1. The following are approved as photographic detection devices for the purposes of the Act or any other Act:

    (a)in relation to a reckless or dangerous driving offence, a registration offence, a red light offence, a speeding offence or a red light offence and a speeding offence arising out of the same incident—

    (i)a Traffipax Traffiphot III‑SR manufactured by Robot Visual Systems GmbH of Germany, linked to and used in conjunction with an induction loop vehicle detector;

    (ii)a Traffipax Traffiphot III‑SRD manufactured by Robot Visual Systems GmbH of Germany, linked to and used in conjunction with an induction loop vehicle detector;

    (iii)a Traffistar SR520 manufactured by Robot Visual Systems GmbH of Germany or Jenoptik Robot GmbH of Germany, linked to and used in conjunction with an induction loop vehicle detector;

    (iv)a REDFLEXred‑speed HDX system manufactured by Redflex Traffic Systems Pty Ltd, linked to and used in conjunction with an induction loop vehicle detector;

    (b)in relation to a reckless or dangerous driving offence, a registration offence or a speeding offence (other than a speeding offence arising out of the same incident as a red light offence)—

    (i)a REDFLEXred‑speed HDX system manufactured by Redflex Traffic Systems Pty Ltd, linked to and used in conjunction with an induction loop vehicle detector, a Variable Speed Limit Sign and a closed‑circuit television camera;

    (ii)a REDFLEXred‑speed HDX system manufactured by Redflex Traffic Systems Pty Ltd, linked to and used in conjunction with an induction loop vehicle detector, a piezoelectric traffic sensor, a Variable Speed Limit Sign and a closed‑circuit television camera;

    (iii)a REDFLEXpoint‑to‑point camera system manufactured by Redflex Traffic Systems Pty Ltd, linked to and used in conjunction with an induction loop vehicle detector;

    (c)in relation to a reckless or dangerous driving offence, a registration offence or a speeding offence (other than a speeding offence arising out of the same incident as a red light offence)—

    (i)a REDFLEXradarcam mobile digital camera system (with or without tripod mounting) manufactured by Redflex Traffic Systems Pty Ltd of Australia;

    (ia)a REDFLEXradarcam mobile dual radar digital camera system (with or without tripod mounting) manufactured by Redflex Traffic Systems Pty Ltd of Australia;

    (ii)a device (other than a device referred to in paragraph (a) or (b)) consisting of a camera that forms part of or is linked to a traffic speed analyser, where the camera is designed to operate as part of or in conjunction with, and is used as part of or in conjunction with, the traffic speed analyser;

    (d)in relation to a reckless or dangerous driving offence, a registration offence, a speeding offence or prescribed heavy vehicle driving offence—

    (i)a system incorporating 1 or more of each of the following modules:

    (A)a Model P359 visual scene camera manufactured by PIPS Technology Inc;

    (B)a Model P358 infrared flash unit manufactured by PIPS Technology Inc;

    (C)a Model P357 roadside processor manufactured by PIPS Technology Inc;

    (D)a Model P366 vehicle detection camera manufactured by PIPS Technology Inc or such a camera (or more than 1 such camera) together with a TIRTL (The Infra‑Red Traffic Logger) manufactured by CEOS Industrial Pty Ltd or an induction loop vehicle detector;

    (ii)a system incorporating 1 or more of each of the following modules:

    (A)a Kodak Digital Traffic Camera MegaPlus KDTC 2.0;

    (B)a HYMOD roadside processor manufactured by CSIRO;

    (iii)a system incorporating 1 or more of each of the following modules:

    (A)a P492 ANPR Camera manufactured by 3M United States Inc;

    (B)an Aspect Plus infra red flash unit manufactured by Gatso Australia Pty Ltd;

    (C)a Gatso SpeedPoints roadside processor manufactured by Gatso Australia Pty Ltd;

    (iv)a system incorporating 1 or more of each of the following modules:

    (A)a Sensys Gatso Australia Pty Ltd GT20-S ANPR camera;

    (B)a Sensys Gatso Australia Pty Ltd FT3-S infra red flash unit;

    (C)a Sensys Gatso Australia Pty Ltd Gatso SpeedPoints Plus ANPR processor;

    (e)in relation to a reckless or dangerous driving offence, a registration offence, a speeding offence or an average speed camera location offence—a system incorporating—

    (i)a module comprising a REDFLEXpoint‑to‑point camera system manufactured by Redflex Traffic Systems Pty Ltd, linked to and used in conjunction with an induction loop vehicle detector (or more than 1 such module) situated at an average speed camera location; and

    (ii)such a module (or more than 1 such module) situated at another average speed camera location,

    that are linked to and used in conjunction with each other for the purpose of enabling the average speed of vehicles travelling between the 2 locations to be calculated from electronic records of the vehicles made at each location by those modules;

    (f)in relation to a device use offence, or device use offence and a registration offence arising out of the same incident—an Acusensus Heads‑Up JR DD1 manufactured by Acusensus Australia Pty Ltd.

  2. In this regulation—

    prescribed heavy vehicle driving offence means a contravention of or failure to comply with—

    (a)regulation 40(1) of these regulations (Heavy vehicles and minimum allowable travel time); or

    (b)regulation 42 of these regulations (Evasive action in relation to Safe‑T‑Cam photographic detection device); or

    (c)a provision of Chapter 6 of the Heavy Vehicle National Law (South Australia) (Vehicle operations—driver fatigue).

30—Prescribed offences (section 79B of Act)

  1. For the purposes of paragraph (b) of the definition of prescribed offence in section 79B(1) of the Act, the offences in subregulation (2) are prescribed.

  2. An offence against—

    (a)section 46(1) of the Act (Reckless and dangerous driving);

    (b)section 164A(1) of the Act constituted of a contravention of or failure to comply with section 110 of the Act (Driving on sealed surface);

    (c)a provision of Part 3 of the Australian Road Rules (Speed limits);

    (d)rule 56(1) of the Australian Road Rules (Stopping for a red traffic light or arrow);

    (e)rule 56(2) of the Australian Road Rules (Stopping for a red traffic light or arrow);

    (f)rule 59(1) of the Australian Road Rules (Proceeding through a red traffic light);

    (g)rule 60 of the Australian Road Rules (Proceeding through a red traffic arrow);

    (h)rule 123(a) of the Australian Road Rules (Entering a level crossing when a train or tram is approaching etc) constituted of entering a level crossing while twin red lights are operating;

    (i)rule 132(2) of the Australian Road Rules (Keeping to the left of the centre of a road or the dividing line);

    (j)rule 150(1) of the Australian Road Rules (Driving on or across a continuous white edge line);

    (ja)rule 300(1) of the Australian Road Rules (Use of mobile phones);

    (k)regulation 8(1) of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014 (Speed limits applying to driving of road trains);

    (l)regulation 8(2) of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014 (Speed limits applying to driving of road trains);

    (la)regulation 8A(1) of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014 (Speed limits applying to driving on beaches);

    (lb)regulation 44(1) of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014 (Prohibition of use of mobile phone by holder of learner's permit, P1 licence etc);

    (m)regulation 39 of these regulations (Evasive action in relation to average speed camera);

    (n)regulation 40(1) of these regulations (Heavy vehicles and minimum allowable travel time);

    (o)regulation 42 of these regulations (Evasive action in relation to Safe-T-Cam photographic detection device).

  3. For the purposes of paragraph (d) of the definition of prescribed offence in section 79B(1) of the Act, an offence against a provision of Chapter 6 of the Heavy Vehicle National Law (South Australia) (Vehicle operations—driver fatigue) is prescribed.

30A—Prescribed body corporate additional fees (section 79B(2a) of Act)

  1. The prescribed body corporate additional fee for the purposes of section 79B(2a)(a)(i) of the Act is $3 600.

  2. The prescribed body corporate additional fee for the purposes of section 79B(2a)(b)(i) of the Act is $1 800.

Subdivision 2—Notices

31—Notices for purposes of section 79B(5) and (6)

For the purposes of section 79B(5) and (6) of the Act, a notice that accompanies an expiation notice, expiation reminder notice or summons must be in the form set out in Schedule 1 Form 7 and contain the information and instructions set out in that form.

Subdivision 3—Operation and testing of photographic detection devices

32—Operation and testing of photographic detection devices referred to in regulation 29(1)(a) for offences committed at intersections, marked foot crossings or level crossings

  1. In this regulation—

    red traffic light means a red traffic light or red traffic arrow as defined in the Australian Road Rules;

    relevant offence means—

    (a)a red light offence; or

    (b)a speeding offence; or

    (c)a red light offence and a speeding offence arising out of the same incident,

    committed at an intersection, marked foot crossing or level crossing.

  2. Where a photographic detection device referred to in regulation 29(1)(a) is used to provide evidence of relevant offences, the following provisions must be complied with:

    (a)the camera or cameras forming part of the device must be positioned and aimed so that when vehicles are proceeding into the intersection, or over the marked foot crossing or level crossing, as the case may be, a photograph or series of photographs may be taken of the vehicles from the rear, at least 1 of which will depict the traffic lights or twin red lights towards which the vehicles are facing when proceeding towards the intersection or crossing;

    (b)the induction loop vehicle detector (induction loop) must be installed—

    (i)in the case of an intersection or marked foot crossing—under the road surface on the intersection or crossing side of the stop line before which vehicles must stop if the traffic lights referred to in paragraph (a) are showing a red traffic light; or

    (ii)in the case of a level crossing—under the road surface on the crossing side of the entrance to the crossing;

    (c)if the device is used to provide evidence of speeding offences, the device must be programmed and set to operate, and the induction loop and the traffic lights or twin red lights referred to in paragraph (a) must be linked up with the device, so that if a vehicle is detected by the device passing over the induction loop at a speed equal to or greater than a speed set on the device, at least 2 electronic records are made of that vehicle from the rear—

    (i)at least 1 of which is made following a programmed delay after the first is made; and

    (ii)on at least 1 of which is recorded the speed of the vehicle as detected by the device; and

    (iii)on each of which is recorded the date, time and code for the location at which the record is made, together with the lane in which the vehicle is travelling;

    (d)if the device is used to provide evidence of red light offences, the device must be programmed and set to operate, and the induction loop and the traffic lights or twin red lights referred to in paragraph (a) must be linked up with the device, so that, following a programmed delay after the traffic lights commence showing a red traffic light, or the twin red lights commence operating, as the case may be, if a vehicle is detected by the device passing over the induction loop while the red traffic light is showing, or the twin red lights are operating, as the case may be, at least 2 electronic records are made of that vehicle from the rear—

    (i)the first of which is made following the detection of the vehicle by the device; and

    (ii)at least 1 of which is made following a programmed delay after the first is made; and

    (iii)on each of which is recorded the date, time and code for the location at which the record is made, together with the lane in which the vehicle is travelling;

    (e)if the device is used to provide evidence of red light offences and speeding offences arising out of the same incidents, the device must be programmed and set to operate, and the induction loop and the traffic lights or twin red lights referred to in paragraph (a) must be linked up with the device, so that, following a programmed delay after the traffic lights commence showing a red traffic light, or the twin red lights commence operating, as the case may be, if a vehicle is detected by the device passing over the induction loop while the red traffic light is showing, or the twin red lights are operating, as the case may be, at least 2 electronic records are made of that vehicle from the rear—

    (i)the first of which is made following the detection of the vehicle by the device; and

    (ii)at least 1 of which is made following a programmed delay after the first is made; and

    (iii)on at least 1 of which is recorded the speed of the vehicle as detected by the device; and

    (iv)on each of which is recorded the date, time and code for the location at which the record is made, together with the lane in which the vehicle is travelling;

    (f)once in every 28 days while the device is being used to provide evidence of speeding offences—

    (i)a test must be carried out (by reference to a speed not exceeding the speed limit applying to drivers driving vehicles through the intersection or crossing) to ensure that the device—

    (A)detects a vehicle passing over the induction loop and indicates the speed of the vehicle as detected by the device; and

    (B)correctly indicates the lane in which the vehicle is travelling; and

    (C)makes at least the number of electronic records of the detected vehicle, from the direction and with the recorded information, referred to in paragraph (c) or (e); and

    (ii)a check must be carried out to ensure that the device—

    (A)indicates the correct date, time and code for the location at which electronic records are made by the device; and

    (B)is set to make at least the number of electronic records, from the direction and with any speed set on the device or programmed delay, referred to in paragraph (c) or (e); and

    (iii)if a fault is indicated by a test referred to in subparagraph (i), corrective action must be taken and the test must be repeated until no fault is indicated; and

    (iv)if a fault is indicated by a check referred to in subparagraph (ii), corrective action must be taken until no fault is indicated;

    (g)once in every 28 days while the device is being used to provide evidence of red light offences—

    (i)a test must be carried out to ensure that the device—

    (A)detects a vehicle passing over the induction loop; and

    (B)correctly indicates the lane in which the vehicle is travelling; and

    (C)makes at least the number of electronic records of the detected vehicle, from the direction and with the recorded information, referred to in paragraph (d) or (e); and

    (ii)a check must be carried out to ensure that the device—

    (A)indicates the correct date, time and code for the location at which electronic records are made by the device; and

    (B)is set to make at least the number of electronic records, from the direction and with any programmed delay, referred to in paragraph (d) or (e); and

    (iii)if a fault is indicated by a test referred to in subparagraph (i), corrective action must be taken and the test must be repeated until no fault is indicated; and

    (iv)if a fault is indicated by a check referred to in subparagraph (ii), corrective action must be taken until no fault is indicated;

    (h)if that part of the road surface under which the induction loop is installed has 2 or more lanes for vehicles travelling in the same direction, a test referred to in paragraph (f)(i) or (g)(i) is not required to be carried out in relation to each such lane in the same 28 day period provided that, once in every 28 days, the test is carried out in relation to 1 of those lanes and the lane in relation to which the test is carried out is not the same as the lane in relation to which the previous test was carried out;

    (i)if—

    (i)a test or check; or

    (ii)an electronic record referred to in paragraph (c), (d) or (e) made by the device,

    indicates a fault that has affected the proper operation of the device as required by these regulations, any electronic record affected by the fault must be rejected for evidentiary purposes;

    (j)the accuracy with which the device detects vehicle speeds must be tested on the day on which it is used (or on a day within the period of 27 days immediately preceding that day) with a view to the issuing of a certificate under section 175(3)(ba) of the Act.

271(2)

Riding on motor bike—passenger failing to ride in correct position

$161

271(3)

Riding on motor bike—rider riding with passenger not riding correctly

$161

271(4)

Riding on motor bike—riding with more than 1 passenger (excluding passenger in sidecar or on seat other than pillion seat)

$161

271(5)

Riding on motor bike—riding with more than permitted number of passengers in sidecar or on seat

$161

271(5A)

Riding on motor bike—riding with passenger under 8 years old not in sidecar

$161

271(5B)

Riding on motor bike—passenger in sidecar failing to be seated safely

$161

271(5C)

Riding on motor bike—riding with passenger in sidecar not seated safely

$161

272

Passenger interfering with driver's control of vehicle etc

$402

274

Failing to stop for red T light—tram driver

$556

275

Failing to stop for yellow T light—tram driver

$556

277

Proceeding after stopping for a red or yellow T light—tram driver

$556

279(2)

Proceeding when white T light or white traffic arrow no longer showing—tram driver proceeding before entering intersection

$556

279(3)

Proceeding when white T light or white traffic arrow no longer showing—tram driver failing to leave intersection

$556

281

Failing to stop for red B light—bus driver

$556

282

Failing to stop for yellow B light—bus driver

$556

284

Proceeding after stopping for red or yellow B light—bus driver

$556

286(2)

Proceeding when white B light or white traffic arrow no longer showing—bus driver proceeding before entering intersection

$556

286(3)

Proceeding when white B light or white traffic arrow no longer showing—bus driver failing to leave intersection

$556

288(1)

Driving on path

$296

288(4)

Driving on path—failing to give way

$291

289(1)

Driving on nature strip

$291

289(2)

Driving on nature strip—failing to give way

$291

290

Driving on traffic island

$291

291

Making unnecessary noise or smoke while starting or driving

$248

292(1)

Driving or towing vehicle carrying insecure or overhanging load

$428

292A(1)

Driving or towing vehicle carrying load without required load restraint system

$428

293(2)

Failing to remove from road things fallen from vehicle while driving

$280

294(1)

Towing vehicle without keeping control of vehicle being towed

$167

294(2)

Towing trailer without keeping control of trailer

$167

295(1)

Motor vehicle towing another vehicle with towline not in accordance with rule

$167

296(1)

Reversing vehicle when not safe to do so

$514

296(2)

Reversing vehicle further than reasonably necessary

$310

297(1)

Driving vehicle without having proper control of vehicle

$221

297(1A)

Driving vehicle with person or animal in lap

$221

297(2)

Driving motor vehicle without clear view of road etc

$221

297(3)

Riding motor bike with animal between rider and handlebars or in other position that interferes with control of motor bike etc

$221

298

Driving motor vehicle towing trailer with person in trailer

$289

299(1)

Driving vehicle with TV or VDU in operation in vehicle

$125

300(1)

Using mobile phone while driving vehicle

$556

300A

Interfering with or interrupting funeral procession

$125

301(1)

Driver of motor vehicle leading animal

$125

301(2)

Passenger in or on motor vehicle leading animal

$125

301(3)

Rider of bicycle leading animal

$68

302

Rider of animal on footpath or nature strip failing to give way to pedestrian

$68

303(1)

Riding animal alongside more than 1 other rider on non multi‑lane road

$68

303(2)

Riding animal alongside another rider in marked lane

$68

303(4)

Riding animal alongside another rider more than 1.5 metres from other rider

$68

304(1)

Failing to obey direction of police officer or authorised person

$351

Part 4—Offences against the Road Traffic (Miscellaneous) Regulations 2014

Regulation

Description of offence against Road Traffic (Miscellaneous) Regulations 2014

Fee

39

Evasive action in relation to average speed camera

$1 104

40(1)

Heavy vehicles and minimum allowable travel time

$677

42

Evasive action in relation to Safe‑T‑Cam photographic detection device

$677

49(8)

Selling, or offering for sale, for use in motor vehicle seat belt or part of seat belt not complying with requirements of regulation or removed from vehicle in which previously used

$458

51(2)

Selling, or offering for sale, for use by motor bike rider or passenger helmet not complying with standard

$458

51(4)

Selling, or offering for sale, for use by bicycle rider helmet not meeting requirement

$458

52(2)

Selling, or offering for sale, for use by rider of wheeled recreational device or wheeled toy helmet not meeting requirement

$458

53(2)

Driving or towing on road light vehicle not complying with requirements of regulation—vehicle altered from original specifications

$119

56(1)

Bicycle rider towing vehicle other than bicycle trailer complying with regulation or towing more than 1 vehicle

$68

64(2)

Driving or towing vehicle on certain roads while transporting dangerous substance

$361

65(2)

Light vehicle towing prohibited number of vehicles

$361

66(1)

Parking in certain public places

parking in City of Adelaide Park Lands

$168

parking in other public place

$77

67(3)

Contravening notice prohibiting fishing or other specified activities from specified bridge or causeway

$125

68(1)

Failing to ensure dog does not enter or remain on certain bicycle paths

$264

Part 5—Offences against the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014

Regulation

Description of offence against Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014

Fee

8(1)

Speeding while driving road train

Exceeding a prescribed speed limit (road trains)—

by less than 10 kph

$537

by 10 kph or more but less than 20 kph

$691

by 20 kph or more but less than 30 kph

$1 063

by 30 kph or more

$1 895

8(2)

Speeding while driving road train

Exceeding 40 kph speed limit—

by less than 10 kph

$202

by 10 kph or more but less than 20 kph

$455

by 20 kph or more but less than 30 kph

$926

by 30 kph or more

$1 684

8A(1)

Speeding while driving on beach

Exceeding a prescribed speed limit (beaches)—

by less than 10 kph

$202

by 10 kph or more but less than 20 kph

$455

by 20 kph or more but less than 30 kph

$926

by 30 kph or more

$1 684

11A(1)

Driver of motor vehicle failing to pass rider of bicycle at a sufficient distance from the bicycle

$366

27(1)

Crossing to or from tram stop other than at crossing for pedestrians if within 20 metres of crossing or if tram has stopped

$59

30(1)

Operator of electric personal transporter failing to provide adequate instruction or reasonable supervision

$377

30(2)

Operator of electric personal transporter causing or permitting person under 12 years, or person without safety helmet complying with regulation and properly adjusted and securely fastened, to ride or be carried on the transporter

$125

30A(2)

Riding or being carried on electric personal transporter without wearing safety helmet complying with regulation and properly adjusted and securely fastened

$125

30A(3)(a)

Riding electric personal transporter at a speed exceeding 15 kph

$209

30A(4)

Riding electric personal transporter without due care or attention etc

$125

30A(5)

Riding electric personal transporter without having proper control of the transporter

$125

30A(6)

Rider of electric personal transporter causing or permitting another person to ride or be carried on the transporter at the same time

$125

30A(7)

Person in possession or control of electric personal transporter causing or permitting person under 12 years to ride or be carried on the transporter

$125

30A(8)

Riding electric personal transporter within 2 metres of motor vehicle continuously for more than 200 metres

$68

30A(9)

Riding electric personal transporter on footpath or other road-related area abreast of another wheeled recreational device etc

$68

30A(10)

Riding electric personal transporter on footpath or other road-related area without giving warning to pedestrians etc

$68

30A(11)

Riding electric personal transporter on crossing—failing to comply with regulation

$68

30A(12)

Riding electric personal transporter at night or in hazardous weather conditions without displaying lights etc

$68

44(1)

Learner or P1 driver using mobile phone while driving vehicle

$556

Schedule 5—Transitional provisions

Part 1—Preliminary

1—Interpretation

In this Schedule—

the revoked regulations means the Road Traffic (Miscellaneous) Regulations 1999.

Part 3—Transitional provisions

3—Transitional provisions

  1. An approval, authorisation or instrument in writing, or a requirement or notice, given, made or continued in force under or for the purposes of a provision of the revoked regulations that is in force immediately before the commencement of these regulations continues in force as an approval, authorisation or instrument in writing, or a requirement or notice, given or made under or for the purposes of any corresponding provision of these regulations, subject to—

    (a)the conditions (if any) of the approval, authorisation, instrument in writing, requirement or notice; and

    (b)variation or revocation under these regulations.

  2. An exemption from a provision of the revoked regulations given under or continued in force for the purposes of regulation 46 of those regulations that is in force immediately before the commencement of these regulations continues in force as an exemption from the corresponding provision of these regulations under regulation 71 of these regulations, subject to—

    (a)the conditions (if any) of the exemption; and

    (b)variation or revocation under these regulations.

  3. A test or check in relation to a photographic detection device carried out under and in accordance with a provision of Part 3 Division 3 of the revoked regulations before the commencement of these regulations will, on the commencement of these regulations, be taken to be such a test or check carried out under and in accordance with the corresponding provision of Part 3 Division 4 Subdivision 3 of these regulations.

  4. Regulation 19AA of the revoked regulations continues in force after the commencement of these regulations for the purposes of the completion of a date and time check under regulation 19AA(1)(d)(iii) that has not been completed before the commencement of these regulations.

  5. A notice by the Minister under section 175A(3) of the Act in force immediately before the commencement of these regulations that complies with the requirements of regulation 19AB of the revoked regulations as in force at that time will, on the commencement of these regulations, be taken to be a notice under section 175A(3) of the Act that complies with the requirements of regulation 38 of these regulations as in force on that commencement.

  6. A reference to a specification or standard in regulation 49, 50, 51 or 52 of these regulations as in force on the commencement of these regulations will be taken to have the same meaning as the corresponding reference in regulation 36, 37 or 38 (as the case may be) of the revoked regulations as in force immediately before the commencement of these regulations.

Legislative history

Notes

•This version is comprised of the following:

Part 1 19.6.2024
Part 2 10.2.2022
Part 3 19.6.2024
Part 4 1.9.2014
Part 5 30.3.2024
Part 6 1.9.2014
Part 7 30.3.2024
Schedules 1.7.2024

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or revoked by principal regulations

The Road Traffic (Miscellaneous) Regulations 2014 revoked the following:

Road Traffic (Miscellaneous) Regulations 1999

Principal regulations and variations

New entries appear in bold.

Year No Reference Commencement
2014 206 Gazette 31.7.2014 p3712 1.9.2014: r 2
2014 233 Gazette 28.8.2014 p4212 1.9.2014 immediately after 206/2014: r 2
2015 6 Gazette 22.1.2015 p348 22.1.2015: r 2
2015 94 Gazette 18.6.2015 p2649 1.7.2015: r 2
2015 161 Gazette 18.6.2015 p2814 1.7.2015: r 2
2015 211 Gazette 8.10.2015 p4563 25.10.2015: r 2
2016 6 Gazette 14.1.2016 p106 14.1.2016: r 2
2016 25 Gazette 28.4.2016 p1313 28.4.2016: r 2
2016 85 Gazette 23.6.2016 p2215 1.7.2016: r 2
2016 161 Gazette 23.6.2016 p2428 1.7.2016: r 2
2016 219 Gazette 8.9.2016 p3686 8.9.2016: r 2
2016 264 Gazette 15.11.2016 p4418 15.3.2017: r 2
2016 276 Gazette 8.12.2016 p4929 8.12.2016: r 2
2016 288 Gazette 15.12.2016 p5020 15.12.2016 except r 7(2), (4)—15.4.2017: r 2
2017 21 Gazette 21.3.2017 p934 15.4.2017: r 2
2017 94 Gazette 22.6.2017 p2242 14.7.2017: r 2
2017 120 Gazette 22.6.2017 p2316 1.7.2017: r 2
2017 185 Gazette 22.6.2017 p2498 1.7.2017: r 2
2017 340 Gazette 19.12.2017 p5149 19.12.2017: r 2
2017 350 Gazette 19.12.2017 p5236 as revoked by 68/2018 1.6.2018 revoked without coming into operation: r 2
2018 6 Gazette 23.1.2018 p375 23.1.2018: r 2
2018 46 Gazette 13.2.2018 p790 24.4.2018: r 2
2018 51 Gazette 19.4.2018 p1415 24.4.2018: r 2
2018 68 Gazette 31.5.2018 p2093 31.5.2018: r 2
2018 109 Gazette 21.6.2018 p2268 1.7.2018: r 2
2018 135 Gazette 21.6.2018 p2366 1.7.2018: r 2
2018 249 Gazette 13.12.2018 p4286 13.12.2018: r 2
2019 6 Gazette 24.1.2019 p278 24.1.2019: r 2
2019 13 Gazette 14.2.2019 p478 14.2.2019: r 2
2019 25 Gazette 21.3.2019 p937 1.5.2019: r 2
2019 140 Gazette 13.6.2019 p2051 1.7.2019: r 2
2019 152 Gazette 13.6.2019 p2104 1.7.2019: r 2
2019 177 Gazette 27.6.2019 p2558 1.7.2019: r 2
2019 218 Gazette 3.10.2019 p3421 3.10.2019: r 2
2019 223 Gazette 24.10.2019 p3573 24.10.2019: r 2
2019 231 Gazette 7.11.2019 p3776 1.12.2019: r 2
2019 242 Gazette 21.11.2019 p3932 21.11.2019: r 2
2020 79 Gazette 4.6.2020 p2831 1.7.2020: r 2
2020 86 Gazette 4.6.2020 p2852 1.7.2020: r 2
2020 273 Gazette 24.9.2020 p4663 24.9.2020: r 2
2020 275 Gazette 24.9.2020 p4666 24.9.2020: r 2
2021 21 Gazette 4.3.2021 p825 5.4.2021: r 2
2021 62 Gazette 3.6.2021 p1830 1.7.2021: r 2
2021 72 Gazette 3.6.2021 p1857 1.7.2021: r 2
2022 10 Gazette 10.2.2022 p336 10.2.2022: r 2
2022 27 Gazette 10.6.2022 p1459 1.7.2022: r 2
2022 31 Gazette 10.6.2022 p1470 1.7.2022: r 2
2022 94 Gazette 3.11.2022 p6551 13.2.2023: r 2
2022 102 Gazette 24.11.2022 p6694 12.12.2022: r 2
2023 32 Gazette 11.5.2023 p939 11.5.2023: r 2
2023 35 Gazette 18.5.2023 p979 1.7.2023: r 2
2023 41 Gazette 18.5.2023 p1039 1.7.2023: r 2
2023 47 Gazette 26.5.2023 p1351 1.7.2023: r 2
2023 55 Gazette 15.6.2023 p1775 1.7.2023 immediately after 35/2023: r 2
2023 95 Gazette 31.8.2023 p3132 31.8.2023: r 2
2023 103 Gazette 12.10.2023 p3467 1.12.2023: r 2
2023 105 Gazette 25.10.2023 p3604 1.1.2024: r 2
2023 115 Gazette 30.11.2023 p4000 30.3.2024: r 2
2024 3 Gazette 25.1.2024 p80 25.1.2024: r 2
2024 32 Gazette 16.5.2024 p878 1.7.2024: r 2
2024 33 Gazette 16.5.2024 p880 1.7.2024: r 2
2024 46 Gazette 6.6.2024 p1342 19.6.2024: r 2

Provisions varied

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

Provision How varied Commencement
Pt 1
r 2 omitted under Legislation Revision and Publication Act 2002 22.1.2015
r 3
r 3(1)
device use detection camera inserted by 46/2024 r 3 19.6.2024
device use offence inserted by 46/2024 r 3 19.6.2024
electric personal transporter inserted by 288/2016 r 4 15.12.2016
GDA94 inserted by 275/2020 r 4 24.9.2020
GDA2020 inserted by 275/2020 r 4 24.9.2020
recording media (a) deleted by 47/2023 r 3 1.7.2023
speeding offence varied by 25/2019 r 4 1.5.2019
amended by 103/2023 r 3 1.12.2023
Transport Department substituted by 85/2016 r 4 1.7.2016
r 3(7a) inserted by 340/2017 r 4 19.12.2017
varied by 13/2019 r 4 14.2.2019
r 3(7b) inserted by 340/2017 r 4 19.12.2017
Pt 2
Pt 2 Div 1 substituted by 21/2021 r 4 5.4.2021
Pt 2 Div 2
r 7 substituted by 10/2022 r 3 10.2.2022
Pt 3
Pt 3 Div A1 inserted by 105/2023 r 3 1.1.2024
Pt 3 Div 1
r 11
r 11(a1) inserted by 94/2022 r 3 13.2.2023
r 11A inserted by 25/2019 r 5 1.5.2019
r 11A(a1) inserted by 94/2022 r 4 13.2.2023
r 12
r 12(a1) inserted by 94/2022 r 5(1) 13.2.2023
r 12(1) amended by 94/2022 r 5(2) 13.2.2023
r 12(2) amended by 94/2022 r 5(3) 13.2.2023
r 13 varied by 25/2019 r 6 1.5.2019
deleted by 94/2022 r 6 13.2.2023
r 13A inserted by 25/2019 r 7 1.5.2019
r 13A(1) substituted by 94/2022 r 7(1) 13.2.2023
r 13A(2) amended by 94/2022 r 7(2) 13.2.2023
Pt 3 Div 2
r 14 substituted by 46/2018 r 4 24.4.2018
r 14(1) amended by 3/2024 r 3 25.1.2024
r 15 amended by 103/2023 r 4 1.12.2023
r 22 amended by 102/2022 r 3(1), (2) 12.12.2022
r 24A inserted by 102/2022 r 4 12.12.2022
Pt 3 Div 3
r 27 varied by 223/2019 r 4(1), (2) 24.10.2019
Pt 3 Div 4 Subdiv 1
r 28
r 28(1) inserted by 47/2023 r 4 1.7.2023
r 28(2) r 28 redesignated as r 28(2) by 47/2023 r 4 1.7.2023
r 29
r 29(1) varied by 233/2014 r 4 1.9.2014
varied by 6/2019 r 4(1), (2) 24.1.2019
varied by 223/2019 r 5 24.10.2019
amended by 46/2024 r 4 19.6.2024
r 29(2)
prescribed heavy vehicle driving offence varied by 6/2019 r 4(3) 24.1.2019
r 30
r 30(2) varied by 231/2019 r 4(1)—(3) 1.12.2019
amended by 103/2023 r 5 1.12.2023
amended by 46/2024 r 5(1), (2) 19.6.2024
r 30(3) inserted by 6/2019 r 5 24.1.2019
r 30A inserted by 218/2019 r 4 3.10.2019
Pt 3 Div 4 Subdiv 3
r 32
r 32(2) amended by 47/2023 r 5(1)—(14) 1.7.2023
r 33
r 33(1) amended by 47/2023 r 6(1)—(5) 1.7.2023
r 34
r 34(1) amended by 47/2023 r 7(1), (2) 1.7.2023
r 35
r 35(1) amended by 47/2023 r 8(1)—(4) 1.7.2023
r 36
r 36(1) amended by 47/2023 r 9(1) 1.7.2023
r 37 amended by 47/2023 r 10(1), (2) 1.7.2023
r 37A inserted by 46/2024 r 6 19.6.2024
Pt 3 Div 4 Subdiv 4
r 38
r 38(4)
coordinates substituted by 275/2020 r 5 24.9.2020
Pt 3 Div 4 Subdiv 6 inserted by 46/2024 r 7 19.6.2024
Pt 5
r 48 substituted by 288/2016 r 5 15.12.2016
r 50
r 50(1) substituted by 264/2016 r 4 15.3.2017
r 50(5) deleted by 115/2023 r 3 30.3.2024
r 51
r 51(1) substituted by 25/2016 r 4(1) 28.4.2016
r 51(2) substituted by 25/2016 r 4(1) 28.4.2016
r 51(5) substituted by 25/2016 r 4(2) 28.4.2016
prescribed standard amended by 95/2023 r 3(1) 31.8.2023
relevant certification mark amended by 95/2023 r 3(2) 31.8.2023
Pt 7
r 61A inserted by 25/2019 r 8 1.5.2019
varied by 275/2020 r 6(1), (2) 24.9.2020
r 63
r 63(1) amended by 115/2023 r 4 30.3.2024
r 62
r 62(1) r 62 varied and redesignated as r 62(1) by 6/2016 r 4(1), (2) 14.1.2016
varied by 177/2019 r 4 1.7.2019
r 62(2) inserted by 6/2016 r 4(2) 14.1.2016
r 64
r 64(5) varied by 273/2020 r 4 24.9.2020
r 64A inserted by 288/2016 r 6 15.12.2016
substituted by 13/2019 r 5 14.2.2019
r 66A inserted by 102/2022 r 5 12.12.2022
r 68
r 68(2) amended by 102/2022 r 6 12.12.2022
r 70 amended by 102/2022 r 7 12.12.2022
Sch 1
Form 1 substituted by 6/2016 r 5(1) 14.1.2016
substituted by 46/2018 r 5(1) 24.4.2018
deleted by 94/2022 r 8 13.2.2023
Form 4 substituted by 46/2018 r 5(2) 24.4.2018
amended by 102/2022 r 8(1)—(9) 12.12.2022
Form 6 substituted by 102/2022 r 8(10) 12.12.2022
Form 7 varied by 6/2016 r 5(2) 14.1.2016
amended by 102/2022 r 8(11) 12.12.2022
substituted by 32/2023 r 3 11.5.2023
Sch 2 varied by 249/2018 r 4(1), (2) 13.12.2018
substituted by 177/2019 r 5 1.7.2019
varied by 273/2020 r 5(1), (2) 24.9.2020
Sch 3 before substitution by 85/2016
cl 1
cl 1(2) varied by 94/2015 r 4(1) 1.7.2015
cl 1(4) varied by 94/2015 r 4(2) 1.7.2015
cl 2
cl 2(2) varied by 94/2015 r 4(3)—(5) 1.7.2015
Sch 3 substituted by 85/2016 r 5 1.7.2016
substituted by 120/2017 r 4 1.7.2017
cl 1 substituted by 135/2018 r 4 1.7.2018
substituted by 140/2019 r 4 1.7.2019
substituted by 79/2020 r 4(1) 1.7.2020
cl 1(1)
Transport Department inspection varied by 242/2019 r 4(1) 21.11.2019
cl 1(2)
table varied by 242/2019 r 4(2) 21.11.2019
substituted by 62/2021 r 4(1) 1.7.2021
substituted by 27/2022 r 3(1) 1.7.2022
substituted by 41/2023 r 3(1) 11.7.2023
substituted by 32/2024 r 3(1) 1.7.2024
cl 1(3) amended by 27/2022 r 3(2) 1.7.2022
amended by 41/2023 r 3(2) 11.7.2023
amended by 32/2024 r 3(2) 1.7.2024
cl 1(4) varied by 62/2021 r 4(2) 1.7.2021
amended by 27/2022 r 3(3) 1.7.2022
amended by 41/2023 r 3(3) 11.7.2023
amended by 32/2024 r 3(3) 1.7.2024
cl 2 before substitution by 135/2018
cl 2(1)
light vehicle permit varied by 6/2018 r 4 23.1.2018
cl 2 substituted by 135/2018 r 4 1.7.2018
substituted by 140/2019 r 4 1.7.2019
substituted by 79/2020 r 4(2) 1.7.2020
cl 2(2) varied by 62/2021 r 4(3)—(5) 1.7.2021
amended by 27/2022 r 3(4)—(6) 1.7.2022
amended by 41/2023 r 3(4)—(6) 11.7.2023
amended by 32/2024 r 3(4)—(6) 1.7.2024
cl 3 inserted by 21/2021 r 5 5.4.2021
Sch 4 before substitution by 161/2015
Pt 3 varied by 6/2015 r 4(1)—(15) 22.1.2015
Sch 4 before substitution by 161/2016 substituted by 161/2015 r 4 1.7.2015
Pt 3 varied by 211/2015 r 4(1) 25.10.2015
Pt 5 varied by 211/2015 r 4(2) 25.10.2015
Sch 4 before substitution by 185/2017 substituted by 161/2016 r 4 1.7.2016
Pt 2 varied by 288/2016 r 7(1) 15.12.2016
Pt 3 varied by 276/2016 r 4 8.12.2016
varied by 288/2016 r 7(2) 15.4.2017
Pt 4 varied by 288/2016 r 7(3) 15.12.2016
Pt 5 varied by 219/2016 r 4 8.9.2016
varied by 288/2016 r 7(4) 15.4.2017
varied by 21/2017 r 4 15.4.2017
Sch 4 before substitution by 109/2018 substituted by 185/2017 r 4 1.7.2017
Pt 2 varied by 94/2017 r 4(1) 14.7.2017
varied by 51/2018 r 4 24.4.2018
Pt 3 varied by 94/2017 r 4(2) 14.7.2017
Sch 4 before substitution by 152/2019 substituted by 109/2018 r 4 1.7.2018
Pt 1
cl 5
cl 5(2) varied by 13/2019 r 6(1) 14.2.2019
Pt 2 varied by 25/2019 r 9 1.5.2019
Pt 4 varied by 13/2019 r 6(2) 14.2.2019
Pt 5 varied by 13/2019 r 6(3) 14.2.2019
Sch 4 before substitution by 86/2020 substituted by 152/2019 r 4 1.7.2019
Pt 1 varied by 231/2019 r 5(1)—(3) 1.12.2019
Pt 2 varied by 218/2019 r 5(1)—(4) 3.10.2019
Pt 3 varied by 218/2019 r 5(5) 3.10.2019
varied by 231/2019 r 5(4)—(10) 1.12.2019
Pt 5 varied by 218/2019 r 5(6), (7) 3.10.2019
varied by 231/2019 r 5(11), (12) 1.12.2019
Sch 4 before substitution by 72/2021 substituted by 86/2020 r 4 1.7.2020
Pt 2 varied by 21/2021 r 6 5.4.2021
Sch 4 before substitution by 33/2024 substituted by 72/2021 r 4 1.7.2021
substituted by 31/2022 r 3 1.7.2022
substituted by 35/2023 r 3 1.7.2023
Pt 3
table amended by 55/2023 r 3(1) 1.7.2023
amended by 115/2023 r 5(1)—(9) 30.3.2024
Pt 4
table amended by 115/2023 r 5(10) 30.3.2024
Pt 5
table amended by 55/2023 r 3(2) 1.7.2023
amended by 103/2023 r 6 1.12.2023
amended by 115/2023 r 5(11) 30.3.2024
Sch 4 substituted by 33/2024 r 3 1.7.2024
Sch 5
Pt 2 omitted under Legislation Revision and Publication Act 2002 22.1.2015

Transitional etc provisions associated with regulations or variations

Road Traffic (Miscellaneous) (Photographic Detection Devices) Amendment Regulations 2023 (No 47 of 2023), Sch 1

1—Transitional provision

  1. Where, for the purposes of a provision of Division 4 of the principal regulations as amended by these regulations, specified tests or checks are required to be carried out in relation to the use of a photographic detection device once in every 28 days, then for the purposes of determining that period of 28 days the last such tests or checks will be taken to have occurred—

    (a)if no such tests or checks have been carried out since the commencement of these regulations—when the most recent tests or checks before that commencement for the purposes of the corresponding provision of the principal regulations as in force at that time were carried out; or

    (b)in any other case—when the most recent tests or checks for the purposes of the provision of the principal regulations as in force after that commencement were carried out.

  2. In this regulation—

    principal regulations means the Road Traffic (Miscellaneous) Regulations 2014.

Historical versions

1.9.2014
22.1.2015
1.7.2015
25.10.2015
14.1.2016
28.4.2016
1.7.2016
8.9.2016
8.12.2016 (electronic only)
15.12.2016
15.3.2017
15.4.2017
1.7.2017 (electronic only)
14.7.2017
19.12.2017
23.1.2018
24.4.2018
1.7.2018
13.12.2018
24.1.2019
14.2.2019
1.5.2019
1.7.2019
3.10.2019
24.10.2019
21.11.2019
1.12.2019
1.7.2020
24.9.2020
5.4.2021
1.7.2021
10.2.2022
1.7.2022
12.12.2022
13.2.2023
11.5.2023
1.7.2023
31.8.2023
1.12.2023
1.1.2024
25.1.2024
30.3.2024
19.6.2024
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