South Australian Consolidated Regulations

CRIMINAL LAW CONSOLIDATION (GENERAL) REGULATIONS 2006 - REG 3C

3C—Certain conduct not to constitute street race

        (1)         For the purposes of the definition of "street race" in section 19AD(7) of the Act, the following conduct is declared not to be included within the ambit of that definition:

            (a)         conduct reasonably occurring in the course of—

                  (i)         obtaining a genuine qualification (however described) to operate a motor vehicle of a particular kind or in a particular manner; or

                  (ii)         participation in a genuine program designed to improve the defensive driving skills of a person;

            (b)         conduct that occurs in the course of an event the subject of an order made under section 33 of the Road Traffic Act 1961 (being conduct that complies with any requirement or condition imposed in relation to the order);

            (c)         conduct that occurs in the course of an event the subject of a permit granted by the Confederation of Australian Motor Sport (being conduct that complies with any requirement or condition imposed in relation to the permit);

            (d)         conduct that occurs in the course of an event comprising a tour, regularity trial, treasure hunt or similar event in which the participants drive in a manner that indicates a general intention to comply with the provisions of the Road Traffic Act 1961 ;

            (e)         conduct comprising a road test of a motor vehicle that occurs—

                  (i)         in the course of the purchase, or potential purchase, of the motor vehicle; or

                  (ii)         in the course of, or is consequential upon, repairing or maintaining the motor vehicle,

and that is undertaken in a manner that indicates a general intention on the part of the driver to comply with the provisions of the Road Traffic Act 1961 ;

            (f)         conduct that occurs with the approval of the Commissioner of Police.

        (2)         An application for approval under subregulation (1)(f) must be made in a manner and form determined by the Commissioner of Police.

        (3)         An approval under subregulation (1)(f)—

            (a)         must be in writing; and

            (b)         may be conditional or unconditional; and

            (c)         may be varied or revoked by the Commissioner of Police by notice in writing.

        (4)         If a person contravenes or fails to comply with a condition specified in an approval under subregulation (1)(f), the approval does not, while the contravention or non-compliance continues, operate in that person's favour.