South Australian Consolidated Acts

ROAD TRAFFIC ACT 1961

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Crown is bound
   5.      Interpretation
   5A.     Application of Act to vehicles and road users on roads
   6.      Drivers and riders
   6A.     Roads and road-related areas
   7.      Drivers of trailers
   8.      Driver’s base
   9.      Associates
   10.     Act in addition to and not in derogation of other Acts

   PART 2--Administrative provisions

           Division 1--The Minister

   11.     Delegation by Minister
   12.     Power of Minister in relation to approvals

           Division 2--Traffic control devices

   16.     Roads under care etc of Commissioner of Highways
   17.     Installation etc of traffic control devices
   18.     Direction as to installation etc of traffic control devices
   19.     Cost of traffic control devices and duty to maintain
   19A.    Recovery of cost of installing certain traffic control devices
   20.     Duty to place speed limit signs in relation to work areas or work sites
   21.     Offences relating to traffic control devices
   22.     Proof of lawful installation etc of traffic control devices
   31.     Action to deal with false devices or hazards to traffic

           Division 3--Road closing provisions

   32.     Road closing by councils for traffic management purposes
   33.     Road closing and exemptions for certain events
   34.     Road closing for emergency use by aircraft

           Division 4--Enforcement officers for Australian road laws

   35.     Authorised officers
   36.     Exercise of powers by authorised officers
   37.     Exercise of powers by police officers
   38.     Identification cards
   39.     Production of identification
   40.     Return of identification cards
   40A.    Reciprocal powers of officers
   40B.    Registrar may exercise powers of authorised officers

           Division 5--General enforcement powers for Australian road laws

              Subdivision 1--Interpretation

   40C.    Meaning of qualified, fit or authorised to drive or run engine
   40D.    Meaning of unattended vehicle and driver of disconnected trailer
   40E.    Meaning of broken down vehicle
   40F.    Meaning of compliance purposes

              Subdivision 2--Directions to stop, move or leave vehicles

   40G.    Application of Subdivision
   40H.    Direction to stop vehicle to enable exercise of other powers
   40I.    Direction to move vehicle to enable exercise of other powers
   40J.    Direction to move vehicle if danger or obstruction
   40K.    Direction to leave vehicle
   40L.    Manner of giving directions under Subdivision
   40M.    Moving unattended vehicle to enable exercise of other powers

              Subdivision 3--Power to move or remove unattended or broken down vehicles

   40N.    Removing unattended or broken down vehicle if danger or obstruction
   40O.    Operator’s authorisation not required for driving under Subdivision
   40P.    Notice of removal of vehicle and disposal of vehicle if unclaimed

              Subdivision 4--Powers of inspection and search

   40Q.    Power to inspect vehicle on road or certain official premises
   40R.    Power to search vehicle on road or certain official premises
   40S.    Power to inspect premises
   40T.    Power to search premises
   40U.    Residential purposes

              Subdivision 5--Other directions

   40V.    Direction to give name and other personal details
   40W.    Direction to produce records, devices or other things
   40X.    Direction to provide information
   40Y.    Direction to provide reasonable assistance for powers of inspection and search
   40Z.    Provisions relating to running engine
   41.     Manner of giving directions under Subdivision
   41A.    Directions to state when to be complied with

              Subdivision 6--Warrants

   41B.    Warrants

              Subdivision 7--Other provisions regarding inspections and searches

   41C.    Use of assistants and equipment
   41D.    Use of equipment to examine or process things
   41E.    Use or seizure of electronic equipment

              Subdivision 8--Other provisions regarding seizure

   41F.    Receipt for and access to seized material
   41G.    Embargo notices

              Subdivision 9--Miscellaneous

   41H.    Power to use force against persons to be exercised only by police officers
   41I.    Various powers may be exercised on same occasion
   41J.    Restoring vehicle or premises to original condition after action taken
   41K.    Self-incrimination
   41L.    Providing evidence to other authorities
   41M.    Obstructing or hindering authorised officers or police officers
   41N.    Impersonating authorised officers
   41O.    Division not to affect other powers

   PART 2A--Mutual recognition and corresponding road laws

   41P.    Effect of administrative actions of authorities of other jurisdictions
   41Q.    Effect of court orders of other jurisdictions

   PART 3--Duties of drivers, passengers and pedestrians

           Division 2--Duty to stop and give assistance where person killed or injured

   43.     Duty to stop, give assistance and present to police where person killed or injured

           Division 3--Fraudulent use of motor vehicles

   44A.    Procuring use of vehicle by fraud

           Division 4--Vehicle misuse and careless and dangerous driving

   44B.    Misuse of motor vehicle
   45.     Careless driving
   45A.    Excessive speed
   45B.    Power of police to impose licence disqualification or suspension
   46.     Reckless and dangerous driving

           Division 5--Drink driving and drug driving

   47.     Driving under influence
   47A.    Interpretation
   47B.    Driving while having prescribed concentration of alcohol in blood
   47BA.   Driving with prescribed drug in oral fluid or blood
   47C.    Relation of conviction under section 47B or 47BA to contracts of insurance etc
   47D.    Payment by convicted person of costs incidental to apprehension etc
   47DA.   Driver testing stations
   47E.    Police may require alcotest or breath analysis
   47EAA.  Police may require drug screening test, oral fluid analysis and blood test
   47EA.   Exercise of random testing powers
   47EB.   Concentration of alcohol in breath taken to indicate concentration of alcohol in blood
   47F.    Schedule 1 further regulates oral fluid and blood sample processes
   47GA.   Breath analysis where drinking occurs after driving
   47GB.   Oral fluid analysis or blood test where consumption of prescribed drug occurs after driving
   47H.    Approval of apparatus for the purposes of breath analysis, alcotests, drug screening tests and oral fluid analysis
   47I.    Compulsory blood tests
   47IAA.  Power of police to impose immediate licence disqualification or suspension
   47IAB.  Application to Court to have disqualification or suspension lifted
   47IA.   Certain offenders to attend lectures
   47J.    Recurrent offenders
   47K.    Evidence etc

           Division 5A--Alcohol interlock scheme

   48.     Interpretation
   49.     Cases where Division applies
   50.     Order to be made by court if Division applies
   51.     Alcohol interlock scheme conditions
   52.     Cessation of alcohol interlock licence
   53.     Offence of contravening conditions
   53AA.   Financial assistance for use of interlocks

           Division 6--Traffic speed analysers and radar detectors and jammers

   53A.    Traffic speed analysers
   53B.    Sale and seizure of radar detectors, jammers and similar devices

           Division 7--Photographic detection devices

   79A.    Approval of apparatus as photographic detection devices
   79B.    Provisions applying where certain offences are detected by photographic detection devices
   79C.    Interference with photographic detection devices

           Division 8--Australian Road Rules and ancillary or miscellaneous regulations

   80.     Australian Road Rules and ancillary or miscellaneous regulations

           Division 9--Miscellaneous provisions

   82.     Speed limit while passing school bus
   83.     Speed while passing emergency vehicle with flashing lights
   83A.    Restriction on sale of goods on roads
   85.     Control of parking near Parliament House
   87.     Walking without care or consideration
   91.     Duty to comply with direction of authorised person
   95.     Riding without driver's consent
   99A.    Cyclists on footpaths etc to give warning
   99B.    Wheeled recreational devices and wheeled toys
   107.    Damage to road infrastructure
   107A.   Vehicle fitted with metal tyres
   108.    Depositing material on roads
   110.    Driving on sealed surface
   110AAAA.Certain provisions not to apply to drivers of emergency vehicles

   PART 3AA--Driving hours

   110AA.  Interpretation
   110AAB. Driving hours
   110AAC. Power to direct drivers to stop and to rest

   PART 3A--Vehicle identification

   110A.   Interpretation
   110B.   Motor vehicle or trailer must bear vehicle identification plate
   110C.   Offences

   PART 4--Vehicle standards, mass and loading requirements and safety provisions

           Division 1--Vehicle standards

   111.    Rules prescribing vehicle standards

           Division 2--Mass and loading requirements

   113.    Regulations prescribing mass and loading requirements

           Division 3--Oversize or overmass vehicle exemptions

   115.    Standard form conditions for oversize or overmass vehicle exemptions

           Division 3A--Provisions relating to breaches of vehicle standards or maintenance requirements

   116.    Meaning of breach of vehicle standards or maintenance requirement
   117.    Liability of driver
   118.    Liability of operator

           Division 3B--Provisions relating to breaches of mass, dimension and load restraint requirements

              Subdivision 1--Preliminary

   119.    Meaning of breach of mass, dimension or load restraint requirement
   120.    Meaning of minor, substantial or severe risk breaches

              Subdivision 2--Reasonable steps defence

   121.    Reasonable steps defence
   122.    Reasonable steps defence--reliance on container weight declaration

              Subdivision 3--Liability for breaches of mass, dimension or load restraint requirements

   123.    Liability of driver
   124.    Liability of operator
   125.    Liability of consignor
   126.    Liability of packer
   127.    Liability of loader
   128.    Liability of consignee
   129.    Penalties for offences against Subdivision

              Subdivision 4--Sanctions

   130.    Matters to be taken into consideration by courts

              Subdivision 5--Container weight declarations

   131.    Application of Subdivision
   132.    Meaning of responsible entity
   133.    Container weight declarations
   134.    Complying container weight declarations
   135.    Duty of responsible entity
   136.    Duty of operator
   137.    Duty of driver
   138.    Liability of consignee--knowledge of matters relating to container weight declaration

              Subdivision 6--Recovery of losses resulting from non-provision of or inaccurate container weight declarations

   139.    Recovery of losses for non-provision of container weight declaration
   140.    Recovery of losses for provision of inaccurate container weight declaration
   141.    Recovery of amount by responsible entity
   142.    Assessment of monetary value or attributable amount
   143.    Costs

              Subdivision 7--Transport documentation

   144.    False or misleading transport documentation: liability of consignor, packer, loader, receiver and others

           Division 4--Enforcement powers

              Subdivision 1--Defect notices relating to breaches of vehicle standards or maintenance requirements

   145.    Defect notices

              Subdivision 2--Formal warnings relating to breaches of mass, dimension or load restraint requirements

   146.    Formal warnings
   147.    Withdrawal of formal warnings

              Subdivision 3--Directions powers relating to breaches of mass, dimension or load restraint requirements

   148.    Directions power if minor risk breach
   149.    Directions power if substantial risk breach
   150.    Directions power if severe risk breach
   151.    Authorisation to continue journey if minor risk breach
   152.    Operation of directions in relation to combinations
   153.    Directions and authorisations to be in writing
   154.    Application of Subdivision in relation to other directions

           Division 5--Further safety provisions

   161A.   Driving of certain vehicles subject to Ministerial approval
   162A.   Seat belts and child restraints
   162B.   Safety helmets for riders of motor bikes and bicycles
   162C.   Safety helmets and riders of wheeled recreational devices and wheeled toys

           Division 6--Information to be marked on certain vehicles

   163.    Information to be painted on certain vehicles

           Division 7--Power of exemption

   163AA.  Power of exemption

   PART 4A--Central Inspection Authority

   163A.   The Authority
   163C.   Application ofPART
   163D.   Inspection of vehicles and issue of certificates of inspection
   163E.   Inspection of vehicles
   163F.   Cancellation of certificates of inspection
   163G.   Inspection of certificates
   163GA.  Maintenance records
   163I.   Evidentiary
   163J.   Recognition of interstate certificates of inspection
   163K.   Limitation of liability

   PART 4B--Special provisions relating to heavy vehicle offences

           Division 1--Improvement notices

   163L.   Definition
   163M.   Improvement notices
   163N.   Contravention of improvement notice
   163O.   Amendment of improvement notices
   163P.   Cancellation of improvement notices
   163Q.   Clearance certificates
   163R.   Review of notice
   163S.   Appeal to District Court

           Division 2--Sanctions for heavy vehicle offences

   163T.   Sanctions imposed by courts
   163U.   Commercial benefits penalty orders
   163V.   Supervisory intervention orders
   163W.   Contravention of supervisory intervention order
   163X.   Prohibition orders
   163Y.   Contravention of prohibition order

           Division 3--Criminal responsibility in relation to organisations and employers

   163Z.   Application of Division limited to heavy vehicle offences
   163ZA.  Liability of directors, managers and partners
   163ZB.  Vicarious responsibility

   PART 4C--General compensation orders

   163ZC.  Compensation orders for damage to road infrastructure
   163ZD.  Assessment of compensation
   163ZE.  Service of certificates
   163ZF.  Limits on amount of compensation
   163ZG.  Costs
   163ZH.  Relationship with orders or awards of other courts and tribunals

   PART 5--Supplementary provisions

   164A.   Offences and penalties
   164B.   Permit or exemption does not operate in favour of person who contravenes a condition
   165.    False statements
   166.    Double jeopardy
   167.    Causing or permitting certain offences
   168.    Power of court to make orders relating to licences or registration
   169A.   Power to postpone commencement of disqualification
   169B.   Effect of imprisonment on disqualification
   170.    Disqualification where vehicle used for criminal purposes
   172.    Removal of disqualification
   173.    Appeals and suspension of disqualification
   173A.   Defence relating to registered owner or operator
   173AB.  Further defences
   173B.   Service of notices etc on owners of vehicles
   174.    Liability when hired vehicles driven for hire
   174A.   Liability of vehicle owners and expiation of certain offences
   174AB.  Marking of tyres for parking purposes
   174B.   Further offence for continued parking contravention
   174C.   Council may grant exemptions from certain provisions
   174D.   Proceedings for certain offences may only be taken by certain officers or with certain approvals
   174E.   Presumption as to commencement of proceedings
   174F.   Industry codes of practice
   174G.   Dismissal or other victimisation of employee or contractor assisting with or reporting breaches
   174H.   False or misleading information provided between responsible persons
   174I.   Amendment or revocation of directions or conditions
   174J.   Minister may provide information to corresponding Authorities
   174K.   Contracting out prohibited
   175.    Evidence
   176.    Regulations and rules
   177.    Inconsistency of by-laws
           SCHEDULE 1--Oral fluid and blood sample processes
           Legislative history