Div 9Miscellaneous provisions

Division 9—Miscellaneous provisions 81—Interpretation In this Division, unless the contrary intention appears— permissive parking sign means a sign that is a permissive parking sign for the purposes of the Australian Road Rules. 82—Speed limit while passing school bus (1) A person must not drive a vehicle at a greater speed than 25 kilometres per hour while passing a school bus that has stopped on a road apparently for the purpose of permitting children to board or alight. school bus means a bus that displays the warning signs and devices required by the vehicle standards for buses used mainly for carrying children. vehicle standards means— (a) in relation to a bus that is a heavy vehicle—the heavy vehicle standards under the Heavy Vehicle National Law (South Australia); (b) in relation to a bus that is a light vehicle—the light vehicle standards. 82A—Speed limit while passing breakdown services vehicle (1) A person must not drive a vehicle at a greater speed than 25 kilometres per hour while passing a breakdown services vehicle that has stopped on the road and is displaying a flashing amber light (whether or not it is also displaying other lights). Editorial note— The penalty for a contravention against this section is set out in section 164A. breakdown services include repairing a disabled vehicle, or providing other assistance to enable a disabled vehicle to be driven or to be removed from the road, or assisting a person to gain access to the person's vehicle; breakdown services vehicle means a vehicle apparently used for the purposes of providing breakdown services, and includes— (a) a towtruck (within the meaning of the Motor Vehicles Act 1959); and (b) any other vehicle or vehicle of a class prescribed by the regulations for the purposes of this definition. 83—Speed in emergency service speed zone (1) A person must not, while driving through an emergency service speed zone, drive at a speed greater than— (a) 25 kilometres per hour; or (b) if a lesser speed is required in the circumstances to avoid endangering any person—that lesser speed. The penalty for a contravention against this section is set out in section 164A. (2) Subsection (1) does not apply if the person is driving on a road that is divided by a median strip and the emergency service speed zone is on the other side of the road beyond the median strip. emergency service speed zone means an area of road— (a) in the immediate vicinity of an emergency vehicle that has stopped on the road and is displaying a flashing blue or red light (whether or not it is also displaying other lights); or (b) between 2 sets of flashing blue or red lights that have been placed by an emergency worker at either end of a length of road on which an emergency vehicle has stopped; emergency vehicle means a vehicle used by an emergency worker; emergency worker means a police officer or a person who is an emergency worker as defined by the regulations for the purposes of this section. 85—Control of parking near Parliament House (1) The Governor may, by proclamation— (a) declare— (i) any part of a street that abuts on the site of either House of Parliament or of the old Legislative Council building; or (ii) any part of the site of the old Legislative Council building, to be a prohibited area; (b) revoke or amend any such proclamation. (2) A person (whether holding any other licence, permit or other authority or not) must not leave a vehicle stationary in a prohibited area proclaimed under this section without the permission of the chairperson of the Joint Parliamentary Services Committee. (3) This section has effect despite any other Act, regulation or by-law. 86—Council may determine that ticket for parking be obtained without fee If a council has installed, or determined that it will install, permissive parking signs to apply to a length of road or an area, the council may (in addition to any other action that it may be empowered to take by or under this Act)— (a) determine that a ticket must be obtained for parking in the length of road or the area through the operation of parking ticket‑vending machines installed or to be installed in or near the length of road or area without payment of a fee; or (b) vary or revoke a determination made under this section. 86A—Parking where ticket required without payment of fee (1) This section applies to a driver who parks in a length of road, or in an area, to which a permissive parking sign applies if— (a) information on or with the sign indicates that a ticket must be obtained through the operation of a parking ticket‑vending machine for parking in the length of road or area; and (b) information on or with the sign or the machine indicates that the ticket may be obtained without the payment of a fee. (2) For the purposes of subsection (1)— (a) if a sign displays the words "FREE PARKING" together with a requirement (however expressed) for a ticket to be obtained— (i) the sign will be taken to be a permissive parking sign for the purposes of the Australian Road Rules to which Part 20 of the Rules applies; and (ii) the words will be taken to indicate that a ticket must be obtained through the operation of a parking ticket‑vending machine without payment of a fee; (b) if a permissive parking sign displays the words "FREE TICKET" or such other words as may be prescribed by regulation, the words will be taken to indicate that a ticket must be obtained through the operation of a parking ticket‑vending machine without payment of a fee. (3) A driver referred to in subsection (1) must obtain a ticket from a parking ticket‑vending machine in or near the length of road or area. Maximum penalty: $1 250. (4) For the purposes of this section, a driver referred to in subsection (1) does not obtain a ticket from a parking ticket‑vending machine unless the driver, on first stopping the vehicle, promptly— (a) proceeds to a parking ticket‑vending machine in or near the length of road or area; and (b) obtains a ticket through the operation of the machine; and (c) complies with any instructions (as to dealing with the ticket or otherwise) on or with the sign, ticket or machine. 87—Walking without care or consideration A person must not walk without due care or attention or without reasonable consideration for other persons using the road. 91—Duty to comply with direction of authorised person (1) An authorised person may give to any other person reasonable directions relating to the movement or positioning of vehicles or persons on, or in the vicinity of, a ferry. (2) An authorised person may request the driver of a vehicle that has entered, or is about to enter, a ferry to inform the authorised person of the total mass of the vehicle, any attached vehicle and the loads (if any) on the vehicle or attached vehicle, or to supply the authorised person with information from which that total mass might be estimated. (3) A person who fails forthwith to comply with a direction or request under this section, or gives false information, is guilty of an offence. (4) In this section— authorised person means the person in charge of the ferry or any other person engaged in the loading or operation of the ferry. 95—Riding without driver's consent A person must not ride on a vehicle without the consent of the driver of the vehicle. 99A—Riders on footpaths etc to give warning A person who is riding a bicycle or a personal mobility device on a footpath or other road-related area must, if it is necessary to do so for the purpose of averting danger, give warning (by sounding a warning device attached to the cycle or by other means) to pedestrians or other persons using that footpath or other road-related area. 99B—Wheeled recreational devices and wheeled toys (1) A person must not ride a wheeled recreational device or wheeled toy on a road without due care or attention or without reasonable consideration for other persons using the road. (2) A person must not, on a footpath or other road-related area, ride a wheeled recreational device or wheeled toy abreast of a vehicle or another wheeled recreational device or wheeled toy. (3) A person who is riding a wheeled recreational device or wheeled toy on a footpath or other road-related area must, if it is necessary to do so for the purpose of averting danger, give warning (by a warning device or other means) to pedestrians or other persons using the footpath or other road-related area. (4) A road authority incurs no civil liability because of an act or omission on its part in the design, construction, maintenance or management of a road to take account of the fact that the users or potential users of the road include riders of wheeled recreational devices or wheeled toys. management of a road includes placement, design, construction or maintenance of traffic control devices, barriers, trees or other objects or structures on the road; road authority means— (a) the Minister; or (b) the Commissioner of Highways; or (c) a council; or (d) any body or person in whom the care, control or management of a road is vested. 107—Damage to road infrastructure (a) drive or haul over a road any implement constructed in such a manner as to injure or damage any portion of the road; (b) draw or drag over a road any sledge, timber, tree or other heavy material in contact with the surface of the road; (c) except in crossing a road, drive on, or within two metres of any part of, the metalled, gravelled or other prepared surface of a road a vehicle having an articulated track instead of road wheels, unless the grips on the track are covered with road plates having an even bearing surface across the full width of the track when in contact with the road surface. (2) A person must not remove or interfere with road infrastructure or damage it in any way other than through reasonable use. (3) A person who damages road infrastructure other than through reasonable use must immediately report full particulars of the damage to a police officer or road authority. 107A—Vehicle fitted with metal tyres (1) If a vehicle fitted with metal tyres is driven on, or drawn along, a road, the surfaces of the tyres that come into contact with the surface of the road must be smooth and at least 33 millimetres in width. (2) A person who drives a vehicle on a road, or draws a vehicle along a road, in contravention of subsection (1) is guilty of an offence. 108—Depositing material on roads (a) without the permission of the Commissioner of Highways in writing, stack or deposit any wood, sand, stone or other material on a road, or part of a road, which is being maintained by the Commissioner; or (b) deposit on a road any article or material likely to damage the surface of the road or to cause damage to vehicles or injury to persons. (2) If any article or material falls from a vehicle onto a road, the driver of the vehicle will be taken to have deposited the article or material on the road, unless it is proved that the driver had taken reasonable precautions to prevent the article or material from falling from the vehicle. material includes substances of all kinds whether solid or liquid. 110—Driving on sealed surface A person driving a vehicle on a road which has portion of its surface sealed with bitumen, cement or other sealing substance must, whenever it is reasonably practicable to do so, keep the whole of the vehicle on the sealed portion of the surface. 110AAAA—Certain provisions not to apply to drivers of emergency vehicles (1) Sections 44B, 45A, 45C, 82, 83 and 110 do not apply to the driver of an emergency vehicle if— (a) in the circumstances— (i) the driver is taking reasonable care; and (ii) it is reasonable that the provision should not apply; and (b) if the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm. (2) Subsection (1)(b) does not apply to a vehicle used by a police officer if, in the circumstances, it is reasonable— (a) not to display the light or sound the alarm; or (b) for the vehicle not to be fitted or equipped with a blue or red flashing light or an alarm. emergency vehicle means a vehicle used by— (a) a police officer; or (b) a person who is an emergency worker as defined by the regulations for the purposes of this section.