South Australian Current Acts

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40I—Direction to move vehicle to enable exercise of other powers

        (1)         An authorised officer may, for the purpose of or in connection with the exercise of other powers under a road law, direct the driver or operator of a vehicle to move it or cause it to be moved to the nearest suitable location that is within the prescribed distance and specified by the officer.

        (2)         A person commits an offence if—

            (a)         the person is subject to a direction under subsection (1); and

            (b)         the person engages in conduct that results in a contravention of the direction.

Maximum penalty: $5 000.

        (4)         In proceedings for an offence in relation to a contravention of a direction under subsection (1), it is a defence if the person charged establishes that—

            (a)         it was not possible to move the vehicle concerned because it was broken down; and

            (b)         the breakdown occurred for a physical reason beyond the driver's or operator's control; and

            (c)         the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.

        (5)         In this section—

"prescribed distance" means a distance (in any direction) within a radius of 30 kilometres of—

            (a)         the location of the vehicle when the direction is given; or

            (b)         any point along the forward route of the journey, if the direction is given in the course of a journey of the vehicle;

"suitable location" means a location that the authorised officer concerned believes on reasonable grounds to be a suitable location having regard to any matters the officer considers relevant in the circumstances.

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