Laws, offences and penalties

Trucks and buses must engage a gear that is low enough to enable the vehicle to be driven safely without the use of a primary brake between Crafers and the bottom of the South Eastern Freeway.

The intent of the low gear offence is not to completely prohibit the use of the primary brake, if considered necessary in the circumstances. The law requires truck and bus drivers 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.

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.

This is the maximum speed a truck or bus can travel on the South Eastern Freeway down-track. The appropriate speed for your vehicle, i.e. a heavy laden truck, may be lower.

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

However, trucks and buses may overtake on the remainder of the descent as long as they remain in low gear and do not exceed 60 km/h.

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.

On the down-track of the South Eastern Freeway, this low gear offence applies to trucks and buses in lieu of Rule 108 of the Australian Road Rules, although the intent remains the same.

Rule 108 (and associated penalties) continues to apply on all other descents across South Australia where a “Trucks and buses must use low gear” sign applies, including:

• Willunga Hill
  
• Main South Road, O’Halloran Hill
  
• Old Belair Road, Mitcham
  
• James Road, Mitcham
  
• Ocean Boulevard, Seacliff Park.
  

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 or more, 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 (the Registrar), 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 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.

In the event of an emergency, exemptions apply to emergency vehicles in relation to the offences of using low gear and exceeding the relevant speed limit on the South Eastern Freeway descent.

Responding emergency vehicles are expected to use flashing red or blue lights or sirens and take reasonable care when driving in an emergency.

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 via the EzyReg app or call Service SA on 13 10 84.

A bus is a motor vehicle that seats more than 12 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 1–12 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 gross vehicle mass (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 law is very specific about the South Eastern Freeway speed and low gear offences and penalties 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 laws, please remember that drivers should always drive according to the prevailing road conditions to ensure they can descend the South Eastern Freeway safely.