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road traffic (south eastern freeway offences) amendment bill 2020

South Australia

Road Traffic (South Eastern Freeway Offences) Amendment Bill 2020

A BILL FOR

An Act to amend the Road Traffic Act 1961


and for other purposes.


Contents

Part 1—Preliminary


1Short title


2Amendment provisions


Part 2—Amendment of Road Traffic Act 1961


3Amendment of section 45C—Speed and gear restrictions for trucks on prescribed roads


4Amendment of section 79B—Provisions applying where certain offences are detected by photographic detection devices


Part 3—Variation of Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014


5Variation of regulation 9C—Low gear offence (rule 108) not applicable to drivers of trucks on prescribed road


Part 4—Transitional provision


6Transitional provision



The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Road Traffic (South Eastern Freeway Offences) Amendment Act 2020.

2—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act or variation of specified regulations amends or varies the Act or regulations so specified.

Part 2—Amendment of Road Traffic Act 1961

3—Amendment of section 45C—Speed and gear restrictions for trucks on prescribed roads

(1) Section 45C(1)—delete "or bus"

(2) Section 45C(2)—delete "or bus" (twice occurring)

(3) Section 45C(3)(b)—after "or sentence" insert:

unless, in the case of a first offence, the court is satisfied, by evidence given on oath, that the offence is trifling, in which case the court may order a period of disqualification that is less than the prescribed minimum period but not less than 1 month

(4) Section 45C(7), definition of bus—delete the definition

(5) Section 45C(7), definition of primary brake—delete "or bus"

(6) Section 45C(7), definition of relevant speed limit—delete "or bus"

4—Amendment of section 79B—Provisions applying where certain offences are detected by photographic detection devices

Section 79B(2c)(b)—after "or sentence" insert:

unless, in the case of a first offence against this section, the court is satisfied, by evidence given on oath, that the offence against section 45C(1) in which the vehicle appears to have been involved is trifling, in which case the court may order a period of disqualification that is less than the prescribed minimum period but not less than 1 month

Part 3—Variation of Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014

5—Variation of regulation 9C—Low gear offence (rule 108) not applicable to drivers of trucks on prescribed road

Regulation 9C—delete "or bus"

Part 4—Transitional provision

6—Transitional provision

Sections 45C(3)(b) and 79B(2c)(b) of the Road Traffic Act 1961


as amended by this Act apply for the purposes of any proceedings determined after the commencement of this Act (regardless of whether the offence to which the proceedings relate occurred before or after that commencement).

 


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