Laws, Offences and Penalties

Trucks and buses must engage low gear before the Crafers Interchange and remain in this gear to the bottom of the South Eastern Freeway.

The law requires the driver to use a gear that is low enough to enable the vehicle to be driven safely without relying on the primary brake as the sole means to slow the speed of the vehicle on the descent.

Primary brakes can easily overheat and lose their effectiveness, and you could lose control of your truck or bus.

However, the intent of the low gear offence is not to completely prohibit the use of the primary brake, if considered necessary in the circumstances.

Trucks and buses must reduce their speed to a maximum of 60 km/h, unless otherwise signed at a lower speed, from Crafers interchange to the bottom of the South Eastern Freeway.

Speeds may be further reduced below 60 km/h via the variable speed limit signs or other temporary speed limit signs at any time to maintain safe travel. Factors that may result in a further reduced speed limit may include inclement weather, reduced visibility or as a result of a crash, roadworks etc.

Trucks and buses may overtake on the descent as long as they remain in low gear and do not exceed 60 km/h.

However, as trucks and buses are required to stay in the left lane between Crafers and the Measdays Bridge exit ramp, they cannot overtake between these points.

Two serious crashes involving out-of-control heavy vehicles tragically resulted in the loss of lives and serious injuries in 2010 and 2014.

Following a recommendation from a Coronial Inquest, the South Eastern Freeway speed (Section 45C(1)) and low gear offence (Section 45C(2)) of the Road Traffic Act 1961 and associated penalties were introduced.

To ensure a consistent enforcement approach, Rule 108 does not apply to trucks and buses on the down-track of the South Eastern Freeway.

As per Section 45C(2) of the Road Traffic Act 1961, trucks and buses that fail to drive in a gear low enough to enable the vehicle to be driven safely on the South Eastern Freeway down-track, or exceed the relevant speed limit by 10 km/h, are subject to:

• an expiation fee of $1,098, and
• 6 demerit points, and
• a licence disqualification of:
  • first offence: no disqualification
  • second offence: 6 months
  • third offence: 12 months
  • subsequent offence: 3  years.

Where the accrual of demerit points brings the total number of points on a person’s licence to 12 or higher, a demerit point disqualification will be applied by the Registrar of Motor Vehicles, as per existing provisions.

If a truck or bus driver is prosecuted, or elects to be prosecuted when issued with an expiation notice, and found guilty by a court, the following penalties apply:

• first offence: maximum $5,000 penalty and a minimum 6-month licence disqualification
• second offence: 2 years' imprisonment and a minimum 12-month licence disqualification
• subsequent offence: 2 years' imprisonment and a minimum 3-year licence disqualification.

Where a person expiates either one of the above offences, the Registrar of Motor Vehicles (the Registrar) must issue a Notice of Disqualification for the relevant period. There is no discretion in the legislation and no leniency can be applied by the Registrar, even where a truck or bus driver requires their licence for work.

Existing speeding penalties continue to apply to trucks and buses that exceed the relevant speed limit by less than 10 km/h on this stretch of road.

A body corporate levy of $5,000 applies to a business that fails to nominate the driver responsible for a camera-detected speeding offence on the South Eastern Freeway down-track, in addition to the $1,098 expiation fee payable.

Where a driver is not nominated, and the body corporate is found guilty of the offence by a Court, a fine of between $10,000 and $20,000 will apply.

No body corporate levy is payable where a business successfully nominates the driver of the vehicle.

The revised penalties passed by the South Australian Parliament better reflect community expectations, particularly around first offences, while maintaining strong penalties for repeat offenders who have chosen to disregard the law, putting themselves and others at greater risk.

A truck is a motor vehicle with a Gross Vehicles Mass (GVM) of more than 4.5 tonnes, regardless of the body type of the vehicle (excluding tractors, trams and buses).

The GVM is not the Tare Mass. It is the GVM recorded and relied on for registration purposes. Refer to your registration papers for the GVM of your vehicle, check the EzyReg app or call Service SA on 13 10 84.

A bus is a motor vehicle that seats more than twelve adults, including the driver.

The definition of a bus is based on the number of seats, regardless of the Gross Vehicle Mass (GVM) or whether the seats are occupied or vacant.

Small buses with one to twelve seats are not subject to the speed and low gear restriction on the South Eastern Freeway.

While some vehicles are clearly a truck, such as semi-trailers and B-double freight trucks, there are a number of smaller vehicles that may also be classed as a truck or bus.

Examples of vehicles that may be subject to the new laws based on GVM or seating capacity include:

• emergency service vehicles
• animal transport vehicles
• school and tour buses
• cranes
• drilling rigs
• sweepers
• tip trucks
• tow trucks
• large utilities
• vans and motor homes
• chauffeur vehicles
• taxi buses.

The legislation is very specific about the laws only applying to vehicles classed as a truck or bus. They do not apply where the Gross Combination Mass (GCM) of a vehicle towing another vehicle such as a trailer, horse float or caravan may exceed 4.5 tonnes in total.

While such vehicle combinations are not captured by the new laws, it is important to remember that drivers should always drive according to the prevailing road conditions to ensure they can descend the South Eastern Freeway safely.