South Australian Numbered Acts South Australian Numbered Acts4—Insertion of sections 45A and 45B
After section 45 insert:
45A—Excessive speed
(1) A person who
drives a vehicle at a speed exceeding, by 45 kilometres an hour or more,
a speed limit that applies under this Act or the Motor Vehicles Act 1959
is guilty of an offence.
Maximum penalty:
For a first offence—a fine of not less than $600 and not more than
$1 000;
For a subsequent offence—a fine of not less than $700 and not more than
$1 200.
Expiation fee: $500.
(2) For the purposes
of this section, signs placed on a road for the purpose of indicating a
maximum speed to be observed by drivers while driving on, by or towards a work
area or work site in accordance with section 20 will not be taken to be of any
effect unless one or more workers are present at the work area or work site.
(3) Where a court
convicts a person of an offence against subsection (1), the following
provisions apply:
(a) the
court must order that the person be disqualified from holding or obtaining a
driver's licence—
(i)
in the case of a first offence—for such period,
being not less than 6 months, as the court thinks fit; or
(ii)
in the case of a subsequent offence—for such
period, being not less than 2 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 cancel the licence as from the commencement of the period of
disqualification.
(4) In determining
whether an offence is a first or subsequent offence for the purposes of this
section—
(a) any
previous offence against subsection (1); and
(b) any
previous offence against section 46 (whether committed before or after the
commencement of this section),
for which the defendant has been convicted or that the defendant has expiated
will be taken into account, but only if the previous offence was committed or
alleged to have been committed within the period of 5 years immediately
preceding the date on which the offence under consideration was allegedly
committed.
(5) This section 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.
45B—Power of police to impose licence disqualification or suspension
(1) Subject to this
section, if a person is given an expiation notice for—
(a) an
offence against section 45A; or
(b) an
offence against section 79B constituted of being the owner of a vehicle that
appears from evidence obtained through the operation of a photographic
detection device to have been involved in the commission of an offence against
section 45A,
a member of the police force may give the person a notice of licence
disqualification or suspension in the prescribed form.
(2) If a person is
given a notice of licence disqualification or suspension under
subsection (1)—
(a) in
the case of a person who does not hold a driver's licence—the person is
disqualified from holding or obtaining a driver's licence for the relevant
period; or
(b) in
the case of a person who holds a driver's licence—the person's driver's
licence is suspended for the relevant period.
(3) The Commissioner
of Police must ensure that prescribed particulars of a notice of licence
disqualification or suspension given to a person under this section are
forwarded to the Registrar of Motor Vehicles.
(4) The Registrar of
Motor Vehicles must, on receiving particulars of a notice of licence
disqualification or suspension from the Commissioner of Police, send, by post,
a notice to the person of the name and address specified by the Commissioner
containing the prescribed particulars of the notice of licence
disqualification or suspension.
(5) The operation of a
notice of licence disqualification or suspension is not affected by any
failure to comply with subsection (4).
(6) If a person is
given a notice of licence disqualification or suspension in accordance with
subsection (1) and the expiation notice referred to in that subsection is
withdrawn or the person elects to be prosecuted in accordance with the
Expiation of Offences Act 1996 —
(a) the
notice of licence disqualification or suspension is cancelled (and, if the
relevant period has commenced, any licence held by the person at the
commencement of the relevant period is taken to be in force again); and
(b) the
Commissioner must give written notice of the cancellation to the Registrar of
Motor Vehicles.
(7) The period for
which a disqualification or suspension has applied to a person under this
section as a result of the person having been given a notice of licence
disqualification or suspension will be counted as part of any period of
disqualification that is imposed on the person in relation to the offence by
order of a court under section 45A.
(8) Subject to
subsection (9), no compensation is payable by the Crown or a police
officer in respect of the exercise of powers under this section.
(9)
Subsection (8) does not protect a police officer from liability in
respect of the exercise of powers otherwise than in good faith.
(10) For the purposes
of this section—
(a) the
"relevant period" commences—
(i)
in the case of a notice given to a person who has been
given an expiation notice for an offence against section 45A—
(A) 24 hours after the notice of licence
disqualification or suspension is given to the person; or
(B) if, at the time referred to in
subsubparagraph (A), the person is already disqualified from holding or
obtaining a driver's licence or holds a driver's licence that is
suspended—at the end of that period of disqualification or suspension;
or
(ii)
in the case of a notice given to a person who has been
given an expiation notice for an offence against section 79B—
(A) 28 days after the notice of licence
disqualification or suspension is given to the person; or
(B) if, at the time referred to in
subsubparagraph (A), the person is already disqualified from holding or
obtaining a driver's licence or holds a driver's licence that is
suspended—at the end of that period of disqualification or suspension;
(b) the
"relevant period" ends—
(i)
if the notice is cancelled in accordance with
subsection (6); or
(ii)
if the notice is not cancelled—at the end of
6 months from the commencement of the relevant period.