South Australian Current Acts

ROAD TRAFFIC ACT 1961 - SECT 44B

44B—Misuse of motor vehicle

        (1)         For the purposes of this section, a person "misuses" a motor vehicle if the person—

            (a)         operates a motor vehicle so as to produce sustained wheel spin; or

            (b)         drives a motor vehicle so as to cause engine or tyre noise, or both, that is likely to disturb persons residing or working in the vicinity; or

            (c)         drives a motor vehicle onto an area of park or garden or other road related area so as to break up the ground surface or cause other damage.

        (2)         However, conduct of a type described in subsection (1) does not constitute misuse of a motor vehicle if it occurs in a place with the consent of the owner or occupier of the place or the person who has the care, control and management of the place.

        (3)         A person who misuses a motor vehicle is guilty of an offence.

        (4)         A person who promotes or organises an event involving the misuse of a motor vehicle, knowing that it will involve the misuse of a motor vehicle, is guilty of an offence.

        (5)         If a court convicts a person of an offence against this section, the court must, if satisfied that the offending caused damage to, or the destruction of, any property or damage to an area of park or garden or a road related area, order the convicted person to pay to the owner of the property, or the owner, occupier or person who has the care, control and management of the area, such compensation as the court thinks fit.

        (6)         The power of a court under subsection (5) is in addition to, and does not derogate from, any powers of the court under the Sentencing Act 2017 .