South Australian Current Acts

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SUMMARY OFFENCES ACT 1953 - SECT 17AA

17AA—Misuse of a motor vehicle on private land

        (1)         For the purposes of this section, a person "misuses" a motor vehicle if the person, in a place other than a road or road related area

            (a)         drives a motor vehicle in a race between vehicles, a vehicle speed trial, a vehicle pursuit or any competitive trial to test drivers' skills or vehicles; or

            (b)         operates a motor vehicle so as to produce sustained wheel spin; or

            (c)         drives a motor vehicle so as to cause engine or tyre noise, or both, that is likely to disturb persons residing or working in the vicinity; or

            (d)         drives a motor vehicle onto an area of park or garden so as to break up the ground surface or cause other damage.

        (2)         However, conduct of a type described in subsection (1) does not constitute misuse of a motor vehicle if it occurs in a place with the consent of the owner or occupier of the place or the person who has the care, control and management of the place.

        (3)         A person who misuses a motor vehicle is guilty of an offence.

Maximum penalty: $2 500.

        (4)         Where a court convicts a person of an offence against this section, the court must, if satisfied that the offending caused damage to, or the destruction of, any property or damage to an area of park or garden or a road related area, order the convicted person to pay to the owner of the property, or the owner, occupier or person who has the care, control and management of the area, such compensation as the court thinks fit.

        (5)         The power of a court under subsection (4) is in addition to, and does not derogate from, any powers of the court under the Sentencing Act 2017 .

        (6)         In this section—

"road" and "road related area" have the same meaning as in the Road Traffic Act 1961 .



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