South Australian Current Acts South Australian Current Acts40J—Direction to move vehicle if danger or obstruction
(1) This section
applies if an authorised officer believes on reasonable grounds that a
light vehicle on a road is—
(a)
causing serious harm, or creating an imminent risk of serious harm, to
public safety, the environment or road infrastructure; or
(b)
causing or likely to cause an obstruction to traffic or any event lawfully
authorised to be held on the road; or
(c)
obstructing or hindering, or likely to obstruct or hinder, vehicles from
entering or leaving land adjacent to the road.
(2) The officer may
direct the driver or operator of the vehicle to do either or both of the
following:
(a) to
move it, or cause it to be moved, to the extent necessary to avoid the harm or
obstruction;
(b) to
do anything else reasonably required by the officer, or to cause anything else
reasonably required by the officer to be done, to avoid the harm or
obstruction.
(3) A person commits
an offence if—
(a) the
person is subject to a direction under subsection (2); and
(b) the
person engages in conduct that results in a contravention of the direction.
Maximum penalty: $5 000.
(4) In proceedings for
an offence in relation to the contravention of a direction under
subsection (2)(a), it is a defence if the person charged establishes
that—
(a) it
was not possible to move the vehicle concerned because it was broken down; and
(b) the
breakdown occurred for a physical reason beyond the driver's or operator's
control; and
(c) the
breakdown could not be readily rectified in a way that would enable the
direction to be complied with within a reasonable time.