South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ROAD TRAFFIC ACT 1961 - SECT 40M

40M—Moving unattended vehicle to enable exercise of other powers

        (1)         This section applies if an authorised officer

            (a)         believes on reasonable grounds that a vehicle is unattended on a road; and

            (b)         is seeking to exercise other powers under a road law; and

            (c)         believes on reasonable grounds that the vehicle should be moved to enable or to facilitate the exercise of those powers.

        (2)         The officer may—

            (a)         move the vehicle (by driving or towing it or otherwise); or

            (b)         authorise another person to move it (by driving or towing it or otherwise),

to the extent reasonably necessary to enable or to facilitate the exercise of the powers concerned.

        (3)         The officer may enter the vehicle, or authorise another person to enter it, for the purpose of moving the vehicle.

        (4)         The officer or person authorised by the officer may use reasonable force to do any or all of the following:

            (a)         to open unlocked doors and other unlocked panels and objects;

            (b)         to gain access to the vehicle, or its engine or other mechanical components, to enable the vehicle to be moved;

            (c)         to enable the vehicle to be towed.

        (5)         The officer or person authorised by the officer may drive the vehicle only if qualified and fit to drive it.

Subdivision 3—Power to move or remove unattended or broken down vehicles



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback