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Driving ultra high powered vehicle with automated intervention system disabled

From 1 January 2024, it is an offence to drive an ultra high powered vehicle on a road if its automated intervention system is disabled [Road Traffic Act 1961 (SA) s 44C].

An ultra high powered vehicle is defined in Part 3 Division A1 of the Road Traffic (Miscellaneous) Regulations 2014 (SA) as a motor vehicle with a GVM not greater than 4.5 tonnes, but not including a bus or a motor bike or motor trike, and with a power to weight ratio equal to or greater than 276 kilowatts per tonne. The regulations also define motor trike for the purposes of this definition.

An automated intervention system of a vehicle means a system or function that identifies a hazardous condition in relation to the vehicle and responds to the condition by overriding the driver's control of the vehicle to avoid the condition [Road Traffic Act 1961 (SA) s 44C(3)]. This could include automated emergency braking, electronic stability control and traction control. It does not include a warning system (such as a blind spot indicator or a lane departure warning) [s 44C(3)].

The maximum penalty for driving an ultra high powered vehicle with a disabled automated intervention system is a fine of $5000.

It is a defence to a charge against s 44C if the driver did not disable the automated intervention system, did not know and could not have known that it was disabled, and could not have been expected to ascertain that it was disabled [s 44C(2)(a)]. It is also a defence if it was impracticable to drive the vehicle with the automated intervention system enabled [s 44C(2)(b)].

Driving ultra high powered vehicle with automated intervention system disabled  :  Last Revised: Tue Jan 2nd 2024
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