Laws, offences and penalties

Using the South Eastern Freeway requires additional road safety awareness, decision-making and actions.

The last 7 km of the South Eastern Freeway includes a very long and steep descent. The gradient becomes less severe near the bottom of the freeway. However, it becomes steeper as it continues downhill through a major, signalised intersection and into an urban area.

Penalties apply for truck and bus drivers who do not follow the safe descent laws.

The law

When driving down the South Eastern Freeway, truck and bus drivers must:

use low gear and appropriate engine braking
reduce speed to a maximum 60 km/h, unless otherwise signed at a lower speed
stay in the left lane between Crafers and Measdays Bridge.

Get information on descending safely and safety ramp locations on the South Eastern Freeway.

Penalties

When driving down the South Eastern Freeway, truck and bus drivers must:

use low gear
reduce speed to 60 km/h, unless otherwise signed at a lower speed.

If they fail to do so, they risk:

large fines
demerit points
losing their licence
imprisonment.

These penalties apply to both:

the section of the South Eastern Freeway down-track between the Crafers Interchange
the major intersection of Portrush, Cross and Glen Osmond Roads.

If there are any doubts about arriving safely at the major intersection at the end of the steep descent, use a safety ramp.

Section 45C of the Road Traffic Act 1961

Two serious crashes tragically resulted in lives lost and serious injuries in 2010 and 2014. These crashes involved out-of-control heavy vehicles.

Following a recommendation from a coronial Inquest, the following were introduced:

South Eastern Freeway speed (Section 45C(1)) and low gear offence (Section 45C(2)) of the Road Traffic Act 1961
associated penalties.

Rule 108 of the Australian Road Rules

Rule 108 of the Australian Road Rules does not apply to trucks and buses on the down-track of the South Eastern Freeway. This is to ensure a consistent enforcement approach.

Rule 108 (and related penalties) still applies to all other descents where a 'Trucks and buses must use low gear' sign applies. This includes:

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

Penalties for expiated offences

As per Section 45C of the Road Traffic Act 1961, trucks and buses are subject to penalties when they either:

fail to drive in a gear low enough to allow the vehicle to be driven safely on the South Eastern Freeway down-track
exceed the relevant speed limit by 10 km/h or more.

These penalties including all the following:

an expiation fee of $1,186 (plus a $102 Victims of Crime Levy)
6 demerit points
a licence disqualification:
- first offence: no disqualification
- second or subsequent offence: 6 months.

Disqualification for subsequent offences or demerit points

If a driver commits a second or subsequent speed or low gear offence, the Registrar of Motor Vehicles (the Registrar) will disqualify their licence for 6 months.

This applies even if a truck or bus driver needs their licence for work. There is no discretion in the legislation, so the Registrar cannot apply any leniency.

If the driver accumulates 12 demerit points or more on their licence, the Registrar will disqualify their licence. This process follows existing regulations.

Stay in the left lane between Crafers and Measdays Bridge

Trucks and buses must also stay in the left lane between Crafers and Measdays Bridge exit ramp.

There are signs on the freeway that show where this part of the road starts and ends. On this part of the road, trucks and buses must not overtake other vehicles.

Trucks and drivers who do not follow this rule will break Rule 159 of the Australian Road Rules. As a result, they will have to pay a fine of $319, plus a $102 Victims of Crime Levy.

Penalties for prosecuted offences

Penalties apply if a truck or bus driver is both:

prosecuted (or elects to be prosecuted) when issued with an expiation notice
found guilty by a court for an offence against section 45C of the Road Traffic Act 1961.

Offence count	All these penalties apply
First offence	Maximum $5,000 penalty At least 6 months of licence disqualification
Second offence	Maximum 2 years of imprisonment At least 12 months of licence disqualification
Subsequent offence	Maximum 2 years of imprisonment At least 3 years of licence disqualification

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

Business vehicle penalties

Penalties apply to a business that fails to nominate the driver responsible for a camera-detected speeding offence on the South Eastern Freeway down-track.

If a camera detects a speeding offence on the South Eastern Freeway down-track, the business must nominate the driver responsible. If the business does not do so, they will face penalties.

These penalties include all the following:

a body corporate levy of $5,000
$1,186 expiation fee, plus a $102 Victims of Crime Levy.

A fine of between $10,000 and $20,000 applies when both:

a driver is not nominated
the body corporate is found guilty of the offence by a court.

The body corporate levy does not apply if a business successfully nominates the driver of the vehicle.

Emergency vehicles

During an emergency, exemptions apply to emergency vehicles.

The exemptions are for the offences of using low gear and exceeding the speed limit on the South Eastern Freeway descent.

When responding to an emergency, emergency vehicles are expected to both:

use flashing red or blue lights or sirens
take reasonable care while driving.

Truck or bus

If unsure whether a vehicle is classed as a truck or bus for the purposes of the penalties of South Eastern Freeway down-track:

check the registration certificate or vehicle compliance plate
use the EzyReg app or website
call Service SA on 13 10 84.

Trucks

A truck is a motor vehicle with a Gross Vehicle Mass (GVM) of more than 4.5 tonnes. This is 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.

For the GVM of a vehicle:

refer to the vehicle's registration papers
check via the EzyReg app
call Service SA on 13 10 84.

Buses

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. This is 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.

Other vehicles that may be classed as a truck or bus

Some vehicles are clearly a truck, such as semi-trailers and B-double freight trucks. However, there are smaller vehicles that may 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.

Vehicles towing other vehicles

There are specific laws for vehicles classed as a truck or bus about speed limits and using gears on the South Eastern Freeway.

They do not apply where the Gross Combination Mass (GCM) of a vehicle towing another vehicle may exceed 4.5 tonnes in total, such as:

a trailer
a horse float
caravan.

Such vehicle combinations are not captured by the laws. However, drivers should always drive according to the prevailing road conditions. They must ensure they can descend the South Eastern Freeway safely.

Related information

Road safety
Find out how to descend the South Eastern Freeway safely, where the safety ramps are and other safety considerations on the freeway.