South Australian Current Acts South Australian Current Acts (1) A person who
drives a motor vehicle at an extreme speed is guilty of an offence.
Maximum penalty:
(a) for
a basic offence—imprisonment for 3 years;
(b) for
an aggravated offence—imprisonment for 5 years.
(2) For the purposes
of subsection (1), a person drives a motor vehicle at an extreme speed
if—
(a) the
relevant speed limit is 60 kilometres an hour or less and the person
drives the vehicle at a speed exceeding the relevant speed limit by
55 kilometres an hour or more; or
(b) the
relevant speed limit is more than 60 kilometres an hour and the person
drives the vehicle at a speed exceeding the relevant speed limit by
80 kilometres an hour or more.
(3)
Subsection (1) does not apply to the driver of an emergency vehicle
if—
(a) in
the circumstances—
(i)
the driver is taking reasonable care; and
(ii)
it is reasonable that the provision should not apply; and
(b) if
the vehicle is a motor vehicle that is moving—the vehicle is displaying
a blue or red flashing light or sounding an alarm.
(4)
Subsection (3)(b) does not apply to a vehicle used by a police officer
if, in the circumstances, it is reasonable—
(a) not
to display the light or sound the alarm; or
(b) for
the vehicle not to be fitted or equipped with a blue or red flashing light or
an alarm.
(5) If a court
convicts a person of an offence against subsection (1), the following
provisions apply:
(a) the
court must order that the person is disqualified from holding or obtaining a
driver's licence for the following period:
(i)
for a first offence—
(A) if the offence is a
basic offence—such period, being not less than 2 years, as the
court thinks fit; or
(B) if the offence is an
aggravated offence—such period, being not less than 5 years, as the
court thinks fit;
(ii)
for a subsequent offence—such period, being not
less than 5 years, as the court thinks fit;
(b) the
disqualification prescribed by paragraph (a) cannot be reduced or
mitigated in any way or be substituted by any other penalty or sentence;
(c) if
the person is the holder of a driver's licence—the disqualification
operates to cancel the licence as from the commencement of the period of
disqualification.
(6) If a person is
tried on a charge of an offence against section 29—
(a) the
person may not be convicted of both the offence against section 29 and an
offence against subsection (1) if the charge under subsection (1)
arises out of the same set of circumstances that gave rise to the charge under
section 29; and
(b) an
offence against subsection (1) is not available as an alternative verdict
to the charge under section 29 unless the offence against
subsection (1) was specified in the instrument of charge as an
alternative offence.
(7) In determining
whether an offence is a first or subsequent offence for the purposes of this
section—
(a) a
previous offence against section 45A or 46 of the Road Traffic
Act 1961 for which the defendant has been convicted and that was
committed within the period of 5 years immediately preceding the
commission of the offence under consideration will be taken into account; and
(b) a
previous offence (whenever occurring) against this section or another
provision of this Division, or a corresponding previous enactment, for which
the defendant has been convicted will be taken into account.
(8) This section is in
addition to, and does not derogate from, any other provision relating to speed
limits contained in the Road Traffic Act 1961 or the
Motor Vehicles Act 1959 or any other Act or in any regulation, rule or
by-law made under the Road Traffic Act 1961 or the
Motor Vehicles Act 1959 or any other Act.
(9) Sections 22,
53B(5), 79B(10) and 175 of the Road Traffic Act 1961 apply in relation
to an offence against subsection (1) as if a reference in any of those
sections to an offence against that Act was a reference to an offence against
subsection (1).
(10) In this
section—
"emergency vehicle" means a motor vehicle used by a police officer or a person
who is an emergency worker as defined by the regulations for the purposes of
this section;
"relevant speed limit", for a person who drives a motor vehicle, means a speed
limit that applies to the driver under—
(a) the
Road Traffic Act 1961 (other than section 82 or 83); or
(b) the
Motor Vehicles Act 1959 .