South Australian Current Acts

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

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

            (c)         there is a person in, on or near the vehicle who appears to be its driver but the person is—

                  (i)         unwilling, or not qualified or fit, to drive the vehicle; or

                  (ii)         not authorised by the operator of the vehicle to drive it; or

                  (iii)         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.



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