South Australian Current Acts South Australian Current Acts22—Moving unattended etc heavy vehicle if danger or obstruction
(1) This section
applies if—
(a) an
authorised officer reasonably believes that a heavy vehicle is unattended or
broken down on a bridge, culvert or freeway; or
(b) an
authorised officer reasonably believes that—
(i)
a heavy vehicle on a road is unattended; and
(ii)
the heavy vehicle is—
(A) obstructing or likely to obstruct any
event lawfully authorised to be held on the road; or
(B) obstructing or hindering, or likely to
obstruct or hinder, vehicles from entering or leaving land adjacent to the
road; or
(c) an
authorised officer reasonably believes that—
(i)
a heavy vehicle on a road is broken down; and
(ii)
the heavy vehicle is—
(A) causing, or creating an imminent risk
of, serious harm to public safety, the environment or road infrastructure; or
(B) obstructing, or likely to obstruct,
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
authorised officer may move or authorise someone else (the
"assistant") to move the heavy vehicle or, if it is a combination, any
component vehicle of the combination, to the extent it is reasonably necessary
to avoid the harm or obstruction.
Example—
by driving, pushing or towing the vehicle
(3) The
authorised officer or assistant may—
(a)
enter the heavy vehicle to enable the authorised officer or assistant to move
it; and
(b) for
a combination—separate any or all of the component vehicles of the
combination for the purpose of moving 1 or more of them.
(4) The authorised
officer or assistant may drive the heavy vehicle even if the officer or
assistant is not qualified to drive it if the authorised officer reasonably
believes there is no-one else in or near the vehicle who is more capable of
driving it and fit and willing to drive it.
(5) It is immaterial
that—
(a) the
assistant is not the operator of the heavy vehicle; or
(b) the
authorised officer or assistant is not authorised by the operator to drive the
heavy vehicle.
(6) In driving the
heavy vehicle under subsection (4), the authorised officer or assistant
is exempt from a provision of an Australian road law to the extent the
provision would require the authorised officer or assistant to be qualified to
drive the vehicle.
(7) The authorised
officer or assistant may use the force that is reasonably necessary to do
anything that is reasonably necessary to avoid the harm or obstruction.
(8) In this
section—
"authorised officer" includes—
(a) in
relation to a heavy vehicle unattended or broken down on a freeway—a
person authorised by the responsible Minister for the purposes of this
section; and
(b) in
relation to a heavy vehicle unattended or broken down on any road within the
area of a council—an officer of the council;
"broken down"—
(a) a
heavy vehicle is "broken down" if it is not possible to drive the vehicle
because it is disabled through damage, mechanical failure, lack of fuel or any
similar reason; and
(b) a
trailer is "broken down" if it is not connected (either directly or by 1 or
more other trailers) to a towing vehicle, whether or not the trailer is also
disabled through damage, mechanical power or any similar reason; and
(c) a
combination is "broken down" if it is not possible to drive the combination
because the combination or a vehicle comprised in the combination is disabled
through damage, mechanical failure, lack of fuel or any similar reason; and
(d) a
vehicle of a kind not referred to in any of the preceding paragraphs
is "broken down" if it is not connected to a towing vehicle or an animal by
which it could be drawn or if it is not possible to tow or draw the vehicle
because it is disabled through damage, mechanical failure or any similar
reason;
"council" means a council under the Local Government Act 1999 ;
"event" means an organised sporting, recreational, political, artistic,
cultural or other activity, and includes a street party;
"freeway" means a length of road to which a freeway sign applies in accordance
with the Australian Road Rules .