South Australian Current Regulations

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ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 2014 - REG 3

3—Interpretation

        (1)         In these regulations, unless the contrary intention appears—

"Act" means the Road Traffic Act 1961;

"ADR" (Australian Design Rule) means a national standard under the Motor Vehicle Standards Act 1989 of the Commonwealth, as in force from time to time;

"approved courier" means a person approved by the Commissioner of Police as a courier for the purposes of Schedule 1 of the Act;

"average speed", in relation to a vehicle travelling between 2 average speed camera locations, means the average speed of the vehicle between those locations calculated in accordance with section 175A(4)(b)(ii) of the Act;

"average speed camera"—see regulation 38(3)(a);

"average speed camera location" has the same meaning as in section 175A of the Act;

"average speed camera location offence" means—

            (a)         an offence against rule 132(2) (Keeping to the left of a dividing line) or rule 150(1) (Driving on or across a continuous white edge line) of the Australian Road Rules ; or

            (b)         an offence against regulation 39 of these regulations (Evasive action in relation to average speed camera); or

            (c)         an offence against section 164A(1) of the Road Traffic Act 1961 constituted of a contravention of or failure to comply with section 110 of the Act (Driving on sealed surface);

"B-double" means a combination consisting of a prime mover towing 2 semi-trailers, with the first semi-trailer being attached directly to the prime mover by a fifth wheel coupling and the second semi-trailer being mounted on the rear of the first semi-trailer by a fifth wheel coupling on the first semi-trailer;

"bicycle trailer" means a trailer built for being towed by a bicycle;

"car" means a motor vehicle built mainly to carry people that—

            (a)         seats not over 9 people (including the driver); and

            (b)         has a body commonly known as a sedan, station wagon, coupe, convertible or roadster; and

            (c)         has 4 or more wheels;

"car-type utility" or "car-type panel van" means a motor vehicle of the kind commonly known as a utility or panel van of the same make as a factory produced car and in which the forward part of the body and the greater part of the mechanical equipment are the same as those in the car;

"Central Inspection Authority" means the Central Inspection Authority established by Part 4A of the Act;

"commercial motor vehicle" means—

            (a)         a light motor vehicle constructed or adapted solely or mainly for the carriage of goods; or

            (b)         a light motor vehicle of the type commonly called a utility; or

            (c)         a bus that is a light motor vehicle;

"converter dolly" means a pig trailer with a fifth wheel coupling designed to convert a semi-trailer into a dog trailer;

"device use detection camera" means a photographic detection device prescribed for the purposes of section 175B of the Act;

Note—

See also regulations 29(1)(f) and 43B.

"device use offence" has the same meaning as in section 175B of the Act;

Note—

See also regulation 43A.

"dog trailer" means a trailer (including a trailer consisting of a semi-trailer and converter dolly) with—

            (a)         1 axle group or single axle at the front that is steered by connection to the towing vehicle by a drawbar; and

            (b)         1 axle group or single axle at the rear;

"electric personal transporter"—see regulation 64A;

"expiation notice" means an expiation notice under the Expiation of Offences Act 1996 ;

"expiation reminder notice" means an expiation reminder notice under the Expiation of Offences Act 1996 ;

"fifth wheel coupling" means a device (other than an upper rotating element and a kingpin) used with a prime mover, semi-trailer or converter dolly to—

            (a)         permit quick coupling and uncoupling; and

            (b)         provide for articulation;

"GDA94" means the Geocentric Datum of Australia as defined in Commonwealth of Australia Gazette No 35 of 6 September 1995;

"GDA2020" has the same meaning as in the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 made under section 8A of the National Measurement Act 1960 of the Commonwealth;

"GTM" (gross trailer mass) means the maximum loaded mass transmitted to the ground by the axles of a trailer when it is connected to a towing vehicle—

            (a)         as specified by the manufacturer; or

            (b)         as specified by an Australian Authority if—

                  (i)         the manufacturer has not specified a maximum loaded mass transmitted to the ground by the axles of the trailer when connected to a towing vehicle; or

                  (ii)         the manufacturer cannot be identified; or

                  (iii)         the trailer has been modified to the extent that the manufacturer's specification is no longer appropriate;

"pig trailer" means a trailer—

            (a)         with 1 axle group or a single axle near the middle of its load carrying surface; and

            (b)         connected to the towing vehicle by a drawbar;

"prescribed certification mark" means the certification mark of—

            (a)         Standards Australia; or

            (b)         a body accredited under the system established by Australia and New Zealand known as the Joint Accreditation System of Australia and New Zealand;

"prescribed part", of a photographic detection device, means—

            (a)         a closed-circuit television camera; or

            (b)         an induction loop vehicle detector; or

            (c)         a piezoelectric traffic sensor; or

            (d)         a Variable Speed Limit Sign,

that forms part of the device;

"reckless or dangerous driving offence" means an offence against section 46(1) of the Act;

"recording media"—

            (b)         in relation to a digital or other electronic camera—means any disk, card or other thing used to store electronic records made by the camera;

"red light offence" means—

            (a)         an offence against rule 56(1), 56(2), 59(1) or 60 of the Australian Road Rules ; or

            (b)         an offence against rule 123(a) of the Australian Road Rules constituted of entering a level crossing while twin red lights are operating;

"registration offence" has the same meaning as in Schedule 1 of the Motor Vehicles Act 1959 ;

"road train" means a combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers, excluding any converter dolly supporting a semi-trailer;

"Safe-T-Cam photographic detection device" means a photographic detection device of a kind referred to in regulation 29(1)(d) that includes a camera that, when activated, makes an electronic record of a vehicle at one of 2 points on a road, which electronic record, when used in conjunction with an electronic record of the vehicle made by another such camera at the other point, may be used for the purposes of calculating the time taken for the vehicle to travel, or the speed of the vehicle, between the 2 points;

"Southern Expressway" means Road Number 6780 Southern Expressway between—

            (a)         its intersection with Road Number 6726 Panalatinga Road and Road Number 6203 Main South Road at Trott Park; and

            (b)         its junction with Road Number 6203 Main South Road at Bedford Park;

"speeding offence" means—

            (a)         an offence against section 45A or 45C(1) of the Act; or

            (b)         an offence against a provision of Part 3 of the Australian Road Rules ; or

            (c)         an offence against regulation 8(1), 8(2) or 8A(1) of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014 ;

"stub line"—see regulation 38;

"towtruck" has the same meaning as in the Motor Vehicles Act 1959 ;

"tractor" means a light motor vehicle used for towing purposes, other than—

            (a)         a motor vehicle designed to carry goods or passengers; or

            (b)         a towtruck; or

            (c)         a prime mover;

"Transport Department" means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Act;

"Variable Speed Limit Sign" means a variable illuminated message device that displays or is designed to display a speed limit sign.

        (2)         In these regulations, "intersection", "level crossing", " marked foot crossing", "speed limit sign", " stop line", " traffic lights", "twin red lights" and " variable illuminated message device" have the same respective meanings as in the Australian Road Rules .

        (3)         In these regulations, a reference to a prescribed part of a photographic detection device—

            (a)         includes a reference to more than 1 such prescribed part; and

            (b)         if more than 1 such prescribed part forms part of a photographic detection device, is a reference to any such part.

        (4)         For the purposes of paragraph (b) of the definition of "corresponding Authority" in section 5(1) of the Act—

            (a)         the Authority as defined in the Road Transport Act 2013 of New South Wales is declared to be the corresponding Authority for that State;

            (b)         the chief executive for the purposes of the Transport Operations (Road Use Management) Act 1995 of Queensland is declared to be the corresponding Authority for that State;

            (c)         the Corporation as defined in the Road Safety Act 1986 of Victoria is declared to be the corresponding Authority for that State.

        (5)         For the purposes of the definition of "corresponding law" in section 5(1) of the Act, the following are declared to be corresponding laws:

            (a)         the Road Transport Act 2013 of New South Wales;

            (b)         the Transport Operations (Road Use Management) Act 1995 of Queensland;

            (c)         the Road Safety Act 1986 of Victoria.

        (6)         For the purposes of paragraph (a) of the definition of "corresponding road law" in section 5(1) of the Act—

            (a)         the Road Transport Act 2013 of New South Wales is declared to be a corresponding road law for that State;

            (b)         the Transport Operations (Road Use Management) Act 1995 of Queensland is declared to be a corresponding road law for that State;

            (c)         the Road Safety Act 1986 of Victoria is declared to be a corresponding road law for that State.

        (7)         For the purposes of the definition of "unladen mass" in section 5(1) of the Act, the following equipment carried (either habitually or intermittently) on the vehicle are prescribed equipment:

            (a)         the following if carried on a vehicle other than a vehicle registered at concessional registration fee rates for primary producers under section 34 of the Motor Vehicles Act 1959 :

                  (i)         stock hurdles, stock crates, sheep gates, cages and other similar equipment used to contain animals;

                  (ii)         containers and tanks used to carry solid, liquid or gaseous loads;

                  (iii)         stake sides, drop sides, canopies, frames, tarpaulins and other similar equipment used to contain or protect a load;

            (b)         cranes, hoists, platforms and other similar equipment for the purpose of loading or unloading goods;

            (c)         air-conditioners, sleeping and cooking equipment, refrigeration units, radios and tape recorders and similar equipment;

            (d)         tools, tool boxes, towbars, spare tyres, roof racks and other similar spare equipment;

            (e)         any other equipment that is not part of a load and is usually carried on the vehicle.

        (7a)         For the purposes of the definition of "wheeled recreational device in section 5(1) of the Act, a wheeled recreational device within the meaning of the Australian Road Rules (but excluding an electric personal transporter) is prescribed.

        (7b)         For the purposes of the definition of "wheeled toy" in section 5(1) of the Act, a wheeled toy within the meaning of the Australian Road Rules is prescribed.

        (8)         For the purposes of these regulations, each edition of—

            (a)         an Australian Standard (or AS) of a specified number; and

            (b)         an Australian/New Zealand Standard (or AS/NZS) of the same number,

will be taken to be an edition of the same standard.



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