South Australian Current Acts South Australian Current Acts40N—Removing unattended or broken down vehicle if danger or obstruction
(1) This section
applies if—
(a) an
authorised officer believes on reasonable grounds that a light vehicle is
unattended or broken down on a bridge, culvert or freeway; or
(b) an
authorised officer believes on reasonable grounds that—
(i)
a light vehicle is unattended or broken down on any road;
and
(ii)
the vehicle is—
(A) causing harm, or creating a risk of
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—
(a)
remove the vehicle, or, in the case of a vehicle that is a combination, any
vehicle forming part of the combination (by driving or towing it or
otherwise); or
(b)
authorise another person to remove it (by driving or towing it or otherwise),
to a convenient place.
(3) The officer
may—
(a)
enter the vehicle, or authorise another person to enter it, for the purpose of
removing the vehicle; or
(b) in
the case of a vehicle that is a combination, separate any or all of the
vehicles forming part of the combination, or authorise another person to
separate them, for the purpose of removing any or all of the vehicles.
(4) The officer may
drive the vehicle even though the officer is not qualified to drive it, if the
officer believes on reasonable grounds that there is no other person in, on or
in the vicinity of the vehicle who is more capable of driving it than the
officer and who is fit and willing to drive it.
(5) The person
authorised by the officer may drive the vehicle even though the authorised
person is not qualified to drive it, if the officer believes on reasonable
grounds that there is no other person in, on or in the vicinity of the vehicle
who is more capable of driving it than the authorised person and who is fit
and willing to drive it.
(6) The officer or
person driving a vehicle under the authority of this section is exempt from
any other road law to the extent that the other law would require the officer
or person to be licensed or otherwise authorised to drive it.
(7) The officer or
person authorised by the officer may use reasonable force to the extent
reasonably necessary for the purpose of entering or removing the vehicle.
(8) In this
section—
"authorised officer" has the meaning assigned to the term by section 5,
and includes—
(a) in
relation to a vehicle unattended or broken down on a freeway—a person
authorised by the Minister for the purposes of this section; and
(b) in
relation to a vehicle unattended or broken down on any road within the area of
a council—an officer of the council;
"event" has the same meaning as in section 33;
"freeway" means a length of road to which a freeway sign applies in accordance
with the Australian Road Rules .