South Australian Consolidated Acts

ROAD TRAFFIC ACT 1961 - SECT 40D

40D—Meaning of unattended vehicle and driver of disconnected trailer

        (1)         For the purposes of this Division, a vehicle is "unattended" if—

            (a)         where the authorised officer or police officer concerned—

                  (i)         is present at the scene—there is, after inspection and enquiry by the officer that is reasonable in the circumstances, apparently no person in, on or in the vicinity of the vehicle who appears to be a driver of the vehicle; or

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

            (b)         where there is apparently such a person in, on or in the vicinity of the vehicle—the officer believes on reasonable grounds that—

                  (i)         the person is not qualified, not fit or not authorised to drive it; or

                  (ii)         the person is or appears to be unwilling to drive it; or

                  (iii)         the person is subject to a direction under section 40K in relation to the vehicle.

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