South Australian Current Acts

ROAD TRAFFIC ACT 1961 - SECT 44C

44C—Driving ultra high powered vehicle with disabled automated intervention system

        (1)         A person must not drive an ultra high powered vehicle on a road if an automated intervention system of the vehicle is disabled.

Maximum penalty: $5 000.

        (2)         It is a defence to a charge for an offence against this section if the person charged establishes that—

            (a)         the person—

                  (i)         did not cause or contribute to the disablement of the automated intervention system of the ultra high powered vehicle; and

                  (ii)         did not know and could not reasonably be expected to have known that the automated intervention system of the ultra high powered vehicle was disabled; and

                  (iii)         could not reasonably be expected to have sought to ascertain whether the automated intervention system of the ultra high powered vehicle was disabled; or

            (b)         it was impracticable for the person to drive the ultra high powered vehicle with the automated intervention system enabled.

        (3)         In this section—

"automated intervention system", of a vehicle, means a system or function that identifies a hazardous condition in relation to the vehicle and responds to the condition by overriding the driver's control of the vehicle so as to avoid the condition, and includes, for example, any of the following:

            (a)         anti-lock braking;

            (b)         automated emergency braking;

            (c)         electronic stability control;

            (d)         traction control,

but does not include a warning system;

"disabled"—an automated intervention system of a vehicle is disabled if it is permanently or temporarily destroyed, turned off, attenuated or otherwise rendered ineffective;

"hazardous condition" includes a potentially hazardous condition;

"ultra high powered vehicle" means a motor vehicle of a kind prescribed by the regulations;

"warning system", of a vehicle, means a system or function that identifies a hazardous condition in relation to the vehicle and alerts the driver to the condition such that the driver can attempt to control the vehicle so as to avoid the condition, and includes, for example, any of the following:

            (a)         a blind spot or lane change warning;

            (b)         a forward collision warning;

            (c)         a lane departure warning.