Subdiv 2Directions to stop, move or leave vehicles

Subdivision 2—Directions to stop, move or leave vehicles 40G—Application of Subdivision (1) This Subdivision applies to a vehicle located— (a) on any road; or (b) in or on any premises occupied or owned by a public authority; or (c) in or on any premises where an authorised officer is lawfully present after entry under Subdivision 4; or (d) in or on any premises that are an authorised inspection station as defined in section 139 of the Motor Vehicles Act 1959. (2) This Subdivision applies to the driver of a vehicle who is apparently in, on or in the vicinity of the vehicle. 40GA—Interpretation In this Subdivision— road law includes— (a) the Heavy Vehicle National Law (South Australia); and (b) the Heavy Vehicle National Regulations (South Australia); and (c) Part 2 Divisions 4 and 5 of the Heavy Vehicle National Law (South Australia) Act 2013; and (d) the local regulations as defined in the Heavy Vehicle National Law (South Australia) Act 2013. 40H—Direction to stop vehicle to enable exercise of other powers (1) An authorised officer may, for the purpose of or in connection with exercising other powers under a road law, direct— (a) the driver of a vehicle to stop the vehicle; or (b) the driver of a vehicle or any other person not to do one or more of the following: (i) move the vehicle; (ii) interfere with it or any equipment in or on it; (iii) interfere with its load. (2) A direction to stop a vehicle may require that it be stopped without delay, or that it be stopped at the nearest place for it to be safely stopped as indicated by the authorised officer. (3) A direction to stop the vehicle, or not to move it, or not to interfere with it or any equipment in or on it or with its load, does not prevent an authorised officer from giving the driver or another person any later inconsistent directions under a road law or any other law. (4) A direction ceases to be operative to the extent that an authorised officer— (a) gives the driver or other person a later inconsistent direction; or (b) indicates to the driver or other person that the direction is no longer operative. stop a vehicle means to stop the vehicle and keep it stationary. 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— (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. 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. 40J—Direction to move vehicle if danger or obstruction (1) This section applies if an authorised officer believes on reasonable grounds that a light vehicle on a road is— (a) causing serious harm, or creating an imminent risk of serious harm, to public safety, the environment or road infrastructure; or (b) causing or likely to cause an obstruction to traffic or any event lawfully authorised to be held on the road; or (c) obstructing or hindering, or likely to obstruct or hinder, vehicles from entering or leaving land adjacent to the road. (2) The officer may direct the driver or operator of the vehicle to do either or both of the following: (a) to move it, or cause it to be moved, to the extent necessary to avoid the harm or obstruction; (b) to do anything else reasonably required by the officer, or to cause anything else reasonably required by the officer to be done, to avoid the harm or obstruction. (a) the person is subject to a direction under subsection (2); and (4) In proceedings for an offence in relation to the contravention of a direction under subsection (2)(a), 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. 40K—Direction to leave vehicle (1) This section applies if— (a) the driver of a vehicle fails to comply with a direction given by an authorised officer under another provision of this Subdivision; or (b) an authorised officer believes on reasonable grounds that the driver of a vehicle is not qualified, is not fit or is not authorised to drive the vehicle. (2) The officer may do one or more of the following: (a) direct the driver to vacate the driver's seat; (b) direct the driver to leave the vehicle; (c) direct the driver not to occupy the driver's seat until permitted to do so by an authorised officer; (d) direct the driver not to enter the vehicle until permitted to do so by an authorised officer. (3) The officer may direct any other person to do either or both of the following: (a) to leave the vehicle; (b) not to enter the vehicle until permitted to do so by an authorised officer. (4) The officer, being a police officer, may do one or more of the following if the officer believes on reasonable grounds that the driver is not fit to drive the vehicle because of the consumption of alcohol or a drug: (a) direct the driver to secure the vehicle and surrender to the officer all keys to the vehicle that are in the person's immediate possession or in the vehicle; (b) immobilise the vehicle; (c) direct the driver not to drive any other vehicle until permitted to do so by a police officer. (a) the person is subject to a direction under this section; and (6) If a police officer takes possession of keys or (in order to immobilise the vehicle) components of a vehicle, the officer must— (a) advise the driver that the keys or components may be recovered from a specified police station; and (b) cause the keys or components to be taken to the police station. (7) A police officer on duty at the police station to which the keys or components are taken under this section must deliver possession of the keys or components to any person who the officer is satisfied is lawfully entitled to them and who makes a request for them at the police station, provided that the officer has no reason to believe that the person will drive the vehicle but not be qualified or fit to do so. keys means keys or electronic or other devices for starting or securing a vehicle. 40L—Manner of giving directions under Subdivision (1) A direction under this Subdivision may be given to a driver orally or by means of a sign or signal (electronic or otherwise), or in any other manner. (2) A direction under this Subdivision may be given to an operator orally or by telephone, facsimile, electronic mail or radio, or in any other manner. 40M—Moving unattended vehicle to enable exercise of other powers (1) This section applies if an authorised officer— (a) believes on reasonable grounds that a vehicle is unattended on a road; and (b) is seeking to exercise other powers under a road law; and (c) believes on reasonable grounds that the vehicle should be moved to enable or to facilitate the exercise of those powers. (2) The officer may— (a) move the vehicle (by driving or towing it or otherwise); or (b) authorise another person to move it (by driving or towing it or otherwise), to the extent reasonably necessary to enable or to facilitate the exercise of the powers concerned. (3) The officer may enter the vehicle, or authorise another person to enter it, for the purpose of moving the vehicle. (4) The officer or person authorised by the officer may use reasonable force to do any or all of the following: (a) to open unlocked doors and other unlocked panels and objects; (b) to gain access to the vehicle, or its engine or other mechanical components, to enable the vehicle to be moved; (c) to enable the vehicle to be towed. (5) The officer or person authorised by the officer may drive the vehicle only if qualified and fit to drive it.