South Australian Current Acts

ROAD TRAFFIC ACT 1961 - SECT 146

146—Directions and authorisations

        (1)         If an authorised officer believes on reasonable grounds that a light vehicle is the subject of 1 or more breaches of light vehicle mass, dimension or load restraint requirements, the officer may—

            (a)         if the officer does not give a direction under paragraph (b)—authorise the driver of the vehicle to continue its journey under this section; or

            (b)         if the officer believes on reasonable grounds that particular circumstances exist for the purposes of this section warranting the giving of a direction under this paragraph—direct the driver or operator of the vehicle—

                  (i)         to rectify specified breaches of light vehicle mass, dimension or load restraint requirements then and there; or

                  (ii)         if the officer also believes on reasonable grounds that the vehicle should be moved to another location—to move it or cause it to be moved to a specified suitable location that is within the prescribed distance, and not to proceed from there until specified breaches of light vehicle mass, dimension or load restraint requirements are rectified.

        (2)         Without limiting the above, particular circumstances exist for the purposes of this section warranting the giving of a direction if—

            (a)         rectification is reasonable and can be carried out easily; or

            (b)         rectification is necessary in the public interest to avoid potential risk of harm to public safety, the environment, road infrastructure or public amenity.

        (3)         A person commits an offence if—

            (a)         the person is subject to a direction under subsection (1); and

            (b)         the person engages in conduct that results in a contravention of the direction.

Maximum penalty: $5 000.

        (4)         If a direction is given in relation to a light vehicle that is a combination, nothing in this section prevents a component vehicle of the combination from being separately driven or moved if—

            (a)         the component vehicle is not itself the subject of a breach of a light vehicle mass, dimension or load restraint requirement; and

            (b)         it is not otherwise unlawful for the component vehicle to be driven or moved.

        (5)         However, subsection (4) does not apply if there is also a direction that prevents the component vehicle from being separately driven or moved.

        (6)         If an authorised officer believes on reasonable grounds that—

            (a)         a light vehicle is the subject of 1 or more breaches of light vehicle mass, dimension or load restraint requirements; and

            (b)         the driver of the vehicle is not or is no longer the subject of a direction for the rectification of the breach or breaches,

the officer may authorise the driver of the vehicle to continue its journey.

        (7)         An authorisation may be granted under this section unconditionally or subject to conditions imposed by the officer.

        (8)         A person commits an offence if—

            (a)         the person is granted an authorisation under this section; and

            (b)         the authorisation is subject to a condition; and

            (c)         the person engages in conduct that results in a contravention of the condition.

Maximum penalty: $5 000.

        (9)         An authorised officer may give a direction or authorisation under this section orally or in writing.

        (10)         In this section—

"component vehicle" of a combination means a towing vehicle or trailer of the combination;

"prescribed distance" means a distance (in any direction) within a radius of 30 kilometres of—

            (a)         the location of the vehicle when the direction is given; or

            (b)         any point along the forward route of the journey, if the direction is given in the course of a journey of the vehicle;

"suitable location" means a location that the officer believes on reasonable grounds to be suitable for the purpose of complying with the direction, having regard to any matters the officer considers relevant in the circumstances.

        (11)         This section applies to a vehicle regardless of whether or not the vehicle is, has been or becomes the subject of a direction under Part 2 Division 5.

        (12)         This section does not limit or prevent the exercise of powers under Part 2 Division 5 for the purpose of determining whether there is or has been a breach of a light vehicle mass, dimension or load restraint requirement (or any other purpose).