Road Traffic Act 1961 (SA)

South Australia Road Traffic Act 1961 An Act to prescribe the duties of road users; to provide for nationally consistent road rules; to provide for vehicle standards, mass and loading requirements and other safety measures in relation to light vehicles; to regulate the identification of vehicles; to provide for the installation, use and maintenance of traffic control devices; to provide for the closing of roads for traffic management and other purposes; to provide for the use of photographic detection devices; to provide for the enforcement of Australian road laws and the recognition of administrative actions and court orders of other Australian jurisdictions; and for other purposes.

Contents 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 References to Australian Road Rules 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—general provision 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 Work areas and work sites 20A Appeal to District Court 21 Offences relating to traffic control devices 21A Payments to Highways Fund 22 Proof of lawful installation etc of traffic control devices 23 Regulations fixing expiation fees 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 Appointment of authorised officers 37 Exercise of powers by police officers 38 Identity cards 39 Production of identification 40 Return of identity cards 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 start or stop 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 40GA Interpretation 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 starting or stopping 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 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 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 etc and careless and dangerous driving 44B Misuse of motor vehicle 44C Driving ultra high powered vehicle with disabled automated intervention system 45 Careless driving 45A Excessive speed 45B Power of police to impose licence disqualification or suspension 45C Speed and gear restrictions for trucks and buses on prescribed roads 45D Power of police to impose licence disqualification or suspension for section 45C etc offences 45E Application to Court to have disqualification or suspension under section 45D lifted 46 Reckless and dangerous driving Division 5—Drink driving and drug driving 47 Driving under the 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 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 and kits for breath analysis etc 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 Division 6—Traffic speed analysers and radar detectors and jammers 53A Approval of apparatus as 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 79BA Installation etc of photographic detection devices 79C Interference with photographic detection devices 79D Report on Community Road Safety Fund Division 8—Australian Road Rules and ancillary or miscellaneous regulations 80 Australian Road Rules and ancillary or miscellaneous regulations Division 9—Miscellaneous provisions 81 Interpretation 82 Speed limit while passing school bus 83 Speed in emergency service speed zone 85 Control of parking near Parliament House 86 Council may determine that ticket for parking be obtained without fee 86A Parking where ticket required without payment of fee 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 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 applying to light vehicles Division 1—Light vehicle standards 111 Rules prescribing light vehicle standards Division 2—Light vehicle mass and loading requirements 113 Regulations prescribing light vehicle mass and loading requirements Division 3A—Provisions relating to breaches of light vehicle standards or maintenance requirements 116 Meaning of breach of light vehicle standards or maintenance requirement 117 Liability of driver 118 Liability of operator Division 3B—Provisions relating to breaches of light vehicle mass, dimension and load restraint requirements Subdivision 1—Preliminary 119 Meaning of breach of light vehicle mass, dimension or load restraint requirement Subdivision 3—Liability for breaches of light vehicle mass, dimension or load restraint requirements 123 Liability of driver 124 Liability of operator Division 4—Enforcement powers Subdivision 1—Defect notices relating to breaches of light vehicle standards or maintenance requirements 145 Defect notices Subdivision 2—Powers relating to breaches of light vehicle mass, dimension or load restraint requirements 146 Directions and authorisations Division 5—Further safety provisions 161A Driving of certain light 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 7—Power of exemption 163AA Power of exemption Part 4A—Central Inspection Authority 163A The Authority 163C Application of Part 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 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 Approval 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 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 175A Average speed evidence 175B Evidence relating to use of devices in or on vehicles 176 Regulations, rules and fee notices 177 Inconsistency of by-laws Schedule 1—Oral fluid and blood sample processes Part 1—Preliminary 1 Interpretation 1A Approval of couriers Part 2—Processes relating to blood samples under Part 3 Division 5 2 Blood sample processes generally 4 Police officer to be present when blood sample taken 5 Cost of blood tests under certain sections 6 Provisions relating to medical practitioners etc Part 3—Processes relating to oral fluid samples under section 47EAA 7 Oral fluid sample processes Part 4—Other provisions relating to oral fluid or blood samples under Part 3 Division 5 8 Oral fluid or blood sample or results of analysis etc not to be used for other purposes 9 Destruction of oral fluid or blood sample taken under Part 3 Division 5 Legislative history