South Australian Current Acts South Australian Current Acts45C—Speed and gear restrictions for trucks and buses on prescribed roads
(1) A person must not
drive a truck or bus on a prescribed road at a speed exceeding a relevant
speed limit by 10 kilometres an hour or more.
Maximum penalty:
(a) for
a first offence—$5 000;
(b) for
a subsequent offence—imprisonment for 2 years.
(2) A person driving a
truck or bus on a length of prescribed road to which a
trucks and buses low gear sign applies must drive the truck or bus in a gear
that is low enough to enable the vehicle to be driven safely on that length of
road without the use of a primary brake.
Maximum penalty:
(a) for
a first offence—$5 000;
(b) for
a subsequent offence—imprisonment for 2 years.
(3) If a court
convicts a person of an offence against this section, the following provisions
apply:
(a) the
court must order that the person is disqualified from holding or obtaining a
driver's licence for the following period:
(i)
for a first offence—such period, being not less
than 6 months, as the court thinks fit;
(ii)
for a second offence—such period, being not less
than 12 months, as the court thinks fit;
(iii)
for a subsequent offence—such period, being not
less than 3 years, as the court thinks fit;
(b) the
disqualification prescribed by paragraph (a) cannot be reduced or
mitigated in any way or be substituted by any other penalty or sentence;
(c) if
the person is the holder of a driver's licence—the disqualification
operates to suspend the licence as from the commencement of the period of
disqualification.
(4) In determining
whether an offence is a first, second or subsequent offence for the purposes
of this section, any previous offence against this section for which the
defendant has been convicted will be taken into account, but only if the
previous offence was committed within the period of 5 years immediately
preceding the date on which the offence under consideration was committed.
(5)
Subsection (1) is in addition to, and does not derogate from, any other
provision relating to speed limits contained in this or any other Act or in
any regulation, rule or by-law made under this or any other Act.
(6) For the purposes
of this section, a trucks and buses low gear sign applies to a length of road
if it so applies for the purposes of the Australian Road Rules .
(7) In this
section—
"bus" means a vehicle that is a bus for the purposes of the
Australian Road Rules ;
"length", of road, means an area of road that is a length, of road, for the
purposes of the Australian Road Rules ;
"prescribed road" means a portion of RN 04500 South Eastern Freeway, or
adjacent land, defined by the regulations for the purposes of this section;
"primary brake" means the footbrake, or other brake, fitted to a truck or bus
that is normally used to slow or stop the vehicle;
"relevant speed limit", for a person who drives a truck or bus, means a speed
limit that applies to the driver under this Act (other than section 82 or
83 of this Act) or the Motor Vehicles Act 1959 ;
"truck" means a vehicle that is a truck for the purposes of the
Australian Road Rules ;
"trucks and buses low gear sign" means a sign that is a trucks
and buses low gear sign for the purposes of the Australian Road Rules .