South Australian Consolidated Regulations South Australian Consolidated Regulations69—Additional powers of authorised officers and police officers
(1) The provisions of
this regulation are in addition to, and do not derogate from, the powers
conferred on an authorised officer or police officer under the Act or any
other Act.
(2) If a provision of
these regulations, or a condition of a notice under these regulations, require
a person to carry a particular document, or have a particular document in his
or her possession, an authorised officer or police officer may require the
person to produce the document.
(3) A person who
refuses or fails to comply with a requirement under subregulation (2) is
guilty of an offence.
Maximum penalty: $5 000.
(4) An authorised
officer or police officer who reasonably suspects that a driver has committed
an offence against these regulations—
(a) in
the case of an offence that is a minor or substantial risk offence consisting
of the driver not having had the minimum required amount of rest
time—may direct the driver to immediately take such rest time as would,
in the officer's opinion, be sufficient to enable the driver to complete the
next stage of his or her journey unimpaired by fatigue; or
(b) in
the case of an offence that is a minor or substantial risk offence consisting
of the driver exceeding his or her permitted work time—may direct the
driver to work reduced hours in the next relevant period sufficient to
compensate for the excess; or
(c) in
the case of an offence that is a severe or critical risk offence consisting of
the driver not having had the minimum required amount of rest time—must
direct the driver to take rest time immediately sufficient to compensate for
the shortfall; or
(d) in
the case of an offence that is a severe or critical risk offence consisting of
the driver not having had the minimum amount of rest time required to
constitute a required night rest break—must direct the driver to take
the next night rest time sufficient to compensate for the shortfall; or
(e) in
the case of an offence that is a severe or critical risk offence consisting of
the driver exceeding his or her permitted work time—must direct the
driver to work reduced hours in the next relevant period sufficient to
compensate for the excess; or
(f) in
the case of an offence against regulation 6—
(i)
if the officer observed the driver driving in a way that
the officer reasonably believes is dangerous—may move the vehicle, or
authorise another person to move the vehicle, to a suitable rest place; and
(ii)
in any case—may direct the driver to not work for a
specified period of time (not exceeding 24 hours) and, on giving such a
direction, must record the direction in the driver's work diary; or
(g) in
the case of an offence consisting of the driver failing or refusing to produce
his or her work diary, or producing a work diary that the officer reasonably
believes is not an accurate record of the recent work time or rest time of the
driver—may direct the driver to not work for 24 hours.
(5) A driver who
refuses or fails to comply with a direction under this regulation is guilty of
an offence.
Maximum penalty: $5 000.
(6) Despite
subregulation (4)(c) and (d), an authorised officer or police officer may
allow a driver to delay complying with a direction under those paragraphs for
a period not exceeding 1 hour if the officer reasonably believes that—
(a)
there is no suitable rest place in the immediate vicinity and it would be safe
to allow the driver to continue to drive during that period in order to reach
a suitable rest place; or
(b) it
is reasonably necessary for the driver to be given time to attend to the load
on the regulated heavy vehicle before taking rest.
(7) An authorised
officer or police officer may, in exercising the power to inspect a vehicle
for compliance purposes under section 40Q of the Act, access or download
information stored in the vehicle's engine management system or any
intelligent transport system fitted to the vehicle.
(8) For the purposes
of giving a direction under subregulation (4)(b)
or (e), the "next relevant period" means the next period of the same duration
as the period in relation to which the alleged offence giving rise to the
direction occurred.
(9) In this
regulation—
"suitable rest place" means—
(a) an
area designated as a rest area for regulated heavy vehicles; or
(b) an
area in which a regulated heavy vehicle can lawfully be parked,
and in which the person charged could in fact lawfully park the regulated
heavy vehicle at the relevant time.