South Eastern Freeway laws and penalties for heavy vehicles

Using the South Eastern Freeway is high risk for truck and bus drivers. It requires extra road safety awareness and decision-making, especially during the long and steep descent.

Find out what the penalties are for truck and bus drivers, and where they apply.

Driving requirements by 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

If truck or bus drivers fail to meet the above driving requirements, they risk:

• large fines
• demerit points
• losing their licence
• imprisonment.

Where the penalties apply

These penalties apply between the:

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

If you have any doubt 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 (trucks and buses low gear signs) 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 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 include 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 more than one offence or 12 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 when prosecuted

Prosecution is the legal process where the government takes someone to court because they are believed to have broken the law.

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.

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

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.

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 there are exemptions for emergency vehicles.

The exemptions are for the offences of:

• not using low gear
• 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 you’re unsure if 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 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 to 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 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. For example a:

• trailer
• horse float
• caravan.

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

• Road safety

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