South Australian Current Acts

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ROAD TRAFFIC ACT 1961 - SECT 116

116—Meaning of breach of light vehicle standards or maintenance requirement

        (1)         For the purposes of this Act, there is a "breach of a light vehicle standards or maintenance requirement if—

            (a)         a light vehicle is driven on a road; and

            (b)         the vehicle

                  (i)         does not comply with a requirement of the light vehicle standards; or

                  (ii)         has not been maintained in a safe condition; or

                  (iii)         has not been maintained with an emission control system fitted to it of each kind that was fitted to it when it was built and in a condition that ensures that each emission control system fitted to it continues operating essentially in accordance with the system's original design; or

            (iiia)         is an ultra high powered vehicle and a mechanical fault or system error has resulted in an automated intervention system of the vehicle being disabled; or

                  (iv)         does not comply with the requirements of section 162A.

        (2)         For the purposes of this section, a light vehicle is not "maintained in a safe condition" if driving the vehicle would endanger the person driving the vehicle, anyone else in or on the vehicle or a vehicle attached to it or other road users.

        (3)         This section does not apply to vehicles excluded by the light vehicle standards from the application of those standards.

        (4)         In subsection (1)(b) "ultra high powered vehicle", "automated intervention system" and "disabled" all have the same meanings as in section 44C.



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