South Australian Consolidated Regulations South Australian Consolidated Regulations6—Driving while fatigued
(a)
drive a regulated heavy vehicle on a road; or
(b)
attempt to put a regulated heavy vehicle in motion on a road,
if he or she is impaired by fatigue.
(2) An offence against
subregulation (1) is a severe risk offence.
(3) In proceedings for
an offence against subregulation (1), a statement produced by the
prosecution and purporting to be signed by a police officer or an authorised
officer and stating that, at a specified time and place, he or she observed a
specified driver of a specified regulated heavy vehicle behaving in a
specified way is, in the absence of proof to the contrary, proof of the facts
so stated.
(4) Despite any other
Act or law, if a person is found guilty of an offence against
subregulation (1) in relation to particular conduct—
(a) if
the person has been charged with a prescribed offence arising out of the same
conduct—a court must discharge the person in relation to the charge of
that prescribed offence; or
(b) in
any other case—the person may not be charged with a prescribed offence
arising out of the same conduct.
(5) Despite any other
Act or law, if a person is found guilty of a prescribed offence in relation to
particular conduct—
(a) if
the person has been charged with an offence against subregulation (1)
arising out of the same conduct—a court must discharge the person in
relation to the charge of that offence; or
(b) in
any other case—the person may not be charged with an offence against
subregulation (1) arising out of the same conduct.
(6) In this
regulation—
"impaired by fatigue"—a person is impaired by fatigue if the use of any
mental or physical faculty of that person is lost or appreciably
impaired by fatigue;
"prescribed offence" means an offence against—
(a)
section 45 or 46 of the Act; or
(b)
section 21 or 22 of the Occupational Health, Safety and Welfare Act 1986
.