Road Traffic (Miscellaneous) (South Eastern Freeway Offences) Variation Regulations 2019 (SA)

South Australia

Road Traffic (Miscellaneous) (South Eastern Freeway Offences) Variation Regulations 2019

under the Road Traffic Act 1961

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Road Traffic (Miscellaneous) Regulations 2014

4            Variation of regulation 3—Interpretation

5            Insertion of regulation 11A

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

6            Variation of regulation 13—Prescribed form of notice of licence disqualification or suspension (sections 45B(1), 45D(2) and 47IAA(2) of Act)

7           Insertion of regulation 13A

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

8            Insertion of regulation 61A

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

9            Variation of Schedule 4—Expiation of offences

Part 1—Preliminary

1—Short title

These regulations may be cited as the Road Traffic (Miscellaneous) (South Eastern Freeway Offences) Variation Regulations 2019.

2—Commencement

These regulations come into operation on the day on which the Statutes Amendment (Vehicle Inspections and South Eastern Freeway Offences) Act 2017 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Road Traffic (Miscellaneous) Regulations 2014

4—Variation of regulation 3—Interpretation

Regulation 3(1), definition of speeding offence, (a)—after "section 45A" insert:

or 45C(1)

5—Insertion of regulation 11A

After regulation 11 insert:

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

(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.

6—Variation of regulation 13—Prescribed form of notice of licence disqualification or suspension (sections 45B(1), 45D(2) and 47IAA(2) of Act)

Regulation 13—delete "section 45B(1) and section 47IAA(2)" and substitute:

sections 45B(1), 45D(2) and 47IAA(2)

7—Insertion of regulation 13A

After regulation 13 insert:

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

(1)If—

(a)a notice of licence disqualification or suspension or notice of immediate licence disqualification or suspension is given to a person under section 45B(1), 45D(2) or 47IAA(2) of the Act, or 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 notice or order is (but for the operation of section 45B(10)(a)(i)(B) or (ii)(B), 45D(15)(a)(i)(B) or (ii)(B), 47IAA(12)(a)(ii) or 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 45B(10)(a)(i)(B) or (ii)(B), 45D(15)(a)(i)(B) or (ii)(B), 47IAA(12)(a)(ii) or 169B(1)(b) (as the case may be) that the notice or order will instead take effect at the end of that prior suspension.

(2)Subregulation (1)—

(a)only applies where the time at which the notice or 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 notice or order was given, or the prior suspension was imposed, before, on or after that commencement.

(3)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 the Motor Vehicles Act 1959; or

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

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

8—Insertion of regulation 61A

After regulation 61 insert:

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

For the purposes of the definition of prescribed road in section 45C of the Act, the following portion of road is prescribed:

That portion of RN 04500 South Eastern Freeway—

(a)that is to the left of the far right side of the part of the Freeway that is for traffic travelling in a generally north-westerly direction; and

(b)that—

(i)commences at an imaginary straight line at right angles to the south-eastern kerb of the Freeway through the point of coordinates 138° 41′ 54.727″ E 34° 59′ 40.838″ S GDA 94 (a location approximately 500 metres north-west of the Waverley Ridge Road overpass over the Freeway); and

(ii)ends at an imaginary straight line parallel to, immediately before and continuing in line with, the stop line at the exit from the Freeway at the intersection between the Freeway, Cross Road, Glen Osmond Road, Portrush Road and Mount Barker Road (the stop line immediately adjacent to and approximately in line with the point of coordinates 138° 38′ 39.136″ E 34° 57′ 48.679″ S GDA 94).

9—Variation of Schedule 4—Expiation of offences

Schedule 4, Part 2, table—after the item relating to section 45A of the Road Traffic Act 1961 insert:

45C(1)	Driver of truck or bus on prescribed road exceeding the speed limit by 10 kph or more	$1 036
45C(2)	Driver of truck or bus on prescribed road failing to engage low gear	$1 036

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 21 March 2019

No 25 of 2019

MTIL19/012CS