South Australian Current Acts South Australian Current Acts98MD—Only persons directed by police to proceed to or be present at
scene of accident for purposes related to removal, wrecking or repair
(1) A person must not,
for or in expectation of a fee, reward or benefit of any kind, or in the
course of a business, proceed to, or be present at, the scene of an accident
that occurred within the declared area for any purpose related to the removal,
storage, repair or wrecking of a motor vehicle that was damaged in the
accident unless the person—
(a) is
the holder of a towtruck certificate; and
(b) is
acting pursuant to an accident towing direction given—
(i)
if the person is a towtruck operator—to the person;
or
(ii)
in any other case—to a towtruck operator by whom
the person is employed; and
(c) is
proceeding or has proceeded to the scene of the accident in a towtruck
registered in the name of the towtruck operator to whom the accident
towing direction was given.
Maximum penalty: $10 000.
(2) In any proceedings
for an offence against subsection (1), an allegation in the information
that the defendant was acting for a purpose related to the removal, storage,
repair or wrecking of a motor vehicle damaged in the accident is, in the
absence of proof to the contrary, proof of the facts so alleged.
(3) A police officer
or an authorised officer may, for the purpose of protecting the driver, owner
or person in charge of a motor vehicle damaged in an accident (whether
occurring within or outside the declared area) from undue soliciting or
harassment, require a person to leave the scene of the accident, or give such
other direction as the police officer or authorised officer thinks fit to a
person present at the scene of the accident.
(4) A person must
comply with any requirement or direction given under this section.
Maximum penalty: $1 250.