Heavy Vehicle Speeding SA: South Eastern Freeway Truck and Bus Offences
Heavy vehicle speeding in South Australia
A South Eastern Freeway charge is one of the few traffic offences in South Australia where a court has no choice about disqualifying the driver. Talon Legal acts for truck and bus drivers facing freeway speed and low gear charges, police disqualification notices and the applications that can lift them. Every hour matters: book a same-day free 30-minute consultation or call (08) 7094 2021 now.
South Eastern Freeway snapshot
| Issue | Position in South Australia |
|---|---|
| Governing law | Sections 45C to 45E of the Road Traffic Act 1961 (SA), regulations 61AA and 61A of the Road Traffic (Miscellaneous) Regulations 2014 (SA), and the Motor Vehicles Act 1959 (SA) for demerit points. |
| Where the rules apply | The north-westbound carriageway of the South Eastern Freeway, from about 500 metres north-west of the Waverley Ridge Road overpass down to the stop line at the Cross Road, Glen Osmond Road, Portrush Road and Mount Barker Road intersection (regulation 61A). |
| The two offences | Driving a truck or bus on the prescribed road 10 km/h or more over a relevant speed limit (section 45C(1)), and not using a gear low enough to drive safely without the primary brake where a trucks and buses low gear sign applies (section 45C(2)). |
| Expiation fee | $1,263 for each offence (Schedule 4 of the 2014 Regulations). |
| Court maximum | $5,000 for a first offence; imprisonment for 2 years for a subsequent offence. |
| Mandatory disqualification on conviction | At least 6 months for a first offence, 12 months for a second and 3 years for a subsequent offence, and the minimum cannot be reduced (section 45C(3)). |
| Demerit points | 6 for each offence (Motor Vehicles Regulations 2025 (SA), Schedule 4). |
| Repeat offence | Police may give an immediate disqualification or suspension notice for a second or subsequent offence within 5 years, counting expiated offences (section 45D). |
| Lifting a police notice | An application to the Magistrates Court under section 45E. |
| First step | Same-day free 30-minute consultation. Call (08) 7094 2021. |
Charged with a heavy vehicle speeding offence in South Australia?
Heavy vehicle speeding in SA on the South Eastern Freeway descent is dealt with by special offences in section 45C of the Road Traffic Act 1961 (SA) (the Act), with the prescribed road defined in the Road Traffic (Miscellaneous) Regulations 2014 (SA). The section adds to the ordinary speed limits rather than replacing them. This page states the law current to 24 October 2026.
This guide is part of our heavy vehicle offences practice. Related guides cover truck driver licence appeals, fatigue and work diary offences, mass, dimension and loading offences and chain of responsibility.
Free Consultation. Talk to a lawyer before you pay the expiation notice, especially if you have a previous freeway offence. Book a same-day free 30-minute consultation or call (08) 7094 2021.
On this page
- Where do the South Eastern Freeway rules apply?
- What are the two offences?
- What are the penalties?
- Should you pay the expiation notice?
- When can police disqualify a driver on the spot?
- How can a police notice be lifted?
- What other heavy vehicle speed rules apply?
- Can a freeway offence cost a licence?
- How similar matters tend to play out
- How we defend a freeway charge
- Case law
- Frequently asked questions
Where do the South Eastern Freeway rules apply?
The rules apply only on the prescribed road. Regulation 61A prescribes the portion of RN 04500 South Eastern Freeway used by traffic travelling in a generally north-westerly direction, towards Adelaide. It starts about 500 metres north-west of the Waverley Ridge Road overpass and ends at the stop line at the exit from the Freeway at the intersection with Cross Road, Glen Osmond Road, Portrush Road and Mount Barker Road.
The rules apply to trucks and buses. Section 45C(7) adopts the meanings of truck, bus, length of road and trucks and buses low gear sign from the Australian Road Rules. A relevant speed limit is a speed limit that applies to the driver under the Act, other than sections 82 and 83, or under the Motor Vehicles Act 1959.
What are the two offences?
The first is speeding by a margin. A person must not drive a truck or bus on a prescribed road at a speed exceeding a relevant speed limit by 10 kilometres an hour or more (section 45C(1)). Speeds below that margin are dealt with under the ordinary speed limit provisions, because section 45C(1) is in addition to them (section 45C(5)).
The second is the low gear rule. A person driving a truck or bus on a length of prescribed road to which a trucks and buses low gear sign applies must drive in a gear low enough to drive safely on that length of road without using the primary brake (section 45C(2)). The primary brake is the footbrake, or other brake normally used to slow or stop the vehicle.
There is one narrow exemption. Regulation 61AA exempts a driver from section 45C(1) where the relevant speed limit is one imposed by section 82A of the Act and the driver did not exceed by 10 km/h the speed limit that would otherwise have applied on that length of road.
Camera evidence brings in the owner. Section 45D refers to an owner offence under section 79B where evidence from a photographic detection device shows the vehicle was involved in a section 45C(1) offence, and treats a second or subsequent offence of that kind like a driver’s repeat offence (section 45D(1)(b)).
What are the penalties?
Heavy vehicle speeding on the descent and the low gear offence carry the same penalties. The maximum is $5,000 for a first offence and imprisonment for 2 years for a subsequent offence (section 45C(1) and (2)). The expiation fee is $1,263 (Schedule 4 of the Road Traffic (Miscellaneous) Regulations 2014). Each offence carries 6 demerit points under Schedule 4 of the Motor Vehicles Regulations 2025 (SA).
Disqualification on conviction is mandatory:
| Offence within 5 years | Maximum penalty | Minimum disqualification |
|---|---|---|
| First offence | $5,000 | 6 months |
| Second offence | Imprisonment for 2 years | 12 months |
| Subsequent offence | Imprisonment for 2 years | 3 years |
The court must order the disqualification, and the minimum cannot be reduced, mitigated or substituted by any other penalty or sentence (section 45C(3)). The disqualification suspends any licence the person holds from when it starts. Only previous convictions for offences committed in the 5 years before the current offence count in deciding whether it is a first, second or subsequent offence (section 45C(4)). These figures are current to 24 October 2026.
Should you pay the expiation notice?
Paying the expiation notice means the court-ordered disqualification in section 45C(3) does not arise, because that disqualification follows a conviction by a court. Expiation still has consequences. Demerit points are incurred on expiation as well as conviction (section 98B of the Motor Vehicles Act), so the 6 points apply either way. An expiated offence also counts as a previous offence for 5 years when police decide whether a later offence is a second or subsequent one under section 45D(1a).
The decision depends on the evidence and the driver’s history. A driver with no previous freeway offence who does not dispute the reading may choose to expiate. A driver with a previous offence in the last 5 years faces the police notice power whether the new offence is expiated or not, and should take advice before doing anything.
When can police disqualify a driver on the spot?
Section 45D gives police a power for a second or subsequent offence. It applies where a person is given an expiation notice for such an offence, or where a police officer reasonably believes the person committed one (section 45D(2)). The officer may give a notice of licence disqualification or suspension. A previous offence counts if it was committed, or alleged in an expiated notice, within the 5 years before the new offence (section 45D(1a)).
The notice disqualifies a driver without a licence, or suspends the licence of a driver who holds one, for the relevant period (section 45D(4)). The period starts when the notice is given, unless the officer postpones it by 48 hours, and for an owner’s camera offence it starts 28 days after the notice. It ends when the Magistrates Court makes an order under section 45E, when police notify the driver that no charge or expiation notice will follow, when proceedings are decided or withdrawn, when the notice is withdrawn, or in any event 6 months after it started (section 45D(15)).
How can a police notice be lifted?
A driver given a section 45D notice can apply to the Magistrates Court under section 45E if no expiation notice was given for the offence, or it was withdrawn, or the driver elected to be prosecuted. The court may order that the driver is not disqualified, or that the licence is not suspended, by the notice.
There are two grounds. The court may make the order if it is satisfied, on oral evidence given on oath by the applicant, that there is a reasonable prospect the applicant would be acquitted of the offence, and the evidence does not suggest the applicant may be guilty of another offence to which section 45D applies. Or it may make the order if the person has not been charged and the prosecution has had a reasonable time to decide whether to lay charges (section 45E(2)).
The process is set. The application is lodged in writing in the form the court rules prescribe, with the grounds and particulars of the evidence (section 45E(3)). The Commissioner of Police must be served, is a party, and may appear through counsel or a police officer, who can make submissions but cannot cross-examine the applicant (section 45E(4) and (5)).
What other heavy vehicle speed rules apply?
Heavy vehicle speeding elsewhere is dealt with under the ordinary speed limits, which also apply on the freeway (section 45C(5)). Under the Heavy Vehicle National Law, tampering with a speed limiter fitted to a heavy vehicle is a separate offence (section 93), with a maximum of $14,120 for 1 August 2026 to 30 June 2027.
Speed is also a chain of responsibility issue. Each party in the chain must make sure its conduct does not cause or encourage the driver to exceed a speed limit (section 26C(2)(b)), and asking, directing or requiring a driver to speed, or contracting for that effect, is an offence carrying $28,230 (section 26E). Our chain of responsibility guide covers those duties.
Can a freeway offence cost a licence?
Yes, in two ways. A conviction brings the mandatory disqualification in section 45C(3), and each offence carries 6 demerit points whether it is expiated or prosecuted. Twelve or more demerit points within 3 years makes a driver liable to disqualification for 3 months (12 to 15 points), 4 months (16 to 19) or 5 months (20 or more) (section 98BC). Two freeway offences alone come to 12 points.
The routes out are limited. A court-ordered freeway disqualification cannot be reduced. A police notice is challenged under section 45E. For a demerit point disqualification, a licence holder can elect, within 21 days (or 28 days with the Registrar’s permission), to accept a 12 month good behaviour condition instead (section 98BE). Our truck driver licence appeals guide sets out which avenue fits which notice.
How similar matters tend to play out
Three illustrations of how the Act and the regulations combine on ordinary facts. They are not predictions. Outcome depends on the facts, the record, the plea and the court.
Lower range. A truck driver with no previous freeway offence receives an expiation notice for travelling 12 km/h over the relevant speed limit on the descent. Expiating costs $1,263 and 6 demerit points, but avoids a conviction and the court-ordered disqualification. The offence will count as a previous offence for 5 years if there is another.
Middle range. A driver with an expiated freeway offence 3 years ago is detected again. Police give a section 45D notice, and the licence is suspended immediately. The driver says the speed reading is wrong. If no expiation notice issues and the driver elects to be prosecuted, a section 45E application on sworn evidence of a reasonable prospect of acquittal can lift the suspension while the charge is decided.
Upper range. A driver convicted of a freeway offence within 5 years of an earlier conviction faces a second offence penalty of up to 2 years imprisonment and a disqualification of at least 12 months that the court cannot reduce. The real contest is whether the offence is proved and whether the earlier conviction falls within the 5 year window in section 45C(4).
How do we defend a freeway charge?
Freeway and other heavy vehicle speeding charges turn on location, speed and timing. We check that the vehicle was on the prescribed road as regulation 61A defines it, that the speed evidence holds up, and how the 5 year counting applies to any earlier offence.
| Stage | What happens | What we do |
|---|---|---|
| Detection | Police or a camera record the vehicle on the descent. | Obtain the detection evidence and check the location against regulation 61A. |
| Notice | An expiation notice issues, and for a repeat offence a section 45D notice may follow. | Advise on expiating, electing to be prosecuted and the effect on demerit points and the 5 year window. |
| Police notice | The licence is suspended or the driver disqualified for the relevant period. | Prepare a section 45E application where the grounds exist. |
| Charge | The offence is prosecuted in the Magistrates Court. | Test the speed and gear evidence and the previous offence count. |
| Sentence | Conviction brings mandatory disqualification. | Put the full circumstances before the court on the fine and any period above the minimum. |
We cannot promise an outcome, and no lawyer can. We can make sure every element is proved before a disqualification the court cannot reduce is imposed.
Every hour matters. Book a same-day free 30-minute consultation, or call (08) 7094 2021 now.
Heavy vehicle speeding case law
None of the decisions below concerned the South Eastern Freeway offences. They are the South Australian heavy vehicle decisions on how courts weigh road safety, commercial pressure and a driver’s mistaken belief, which apply to sentencing for heavy vehicle offences generally.
| Case | Court | Principle | Pinpoint |
|---|---|---|---|
| Department of Planning, Transport and Infrastructure v Wing [2014] SASC 115 | Supreme Court | Road safety overrides commercial imperatives; deterrence | [1], [18], [22] |
| National Heavy Vehicle Regulator v Obst; National Heavy Vehicle Regulator v Turnbull (No 2) [2021] SASC 50 | Supreme Court | A belief of compliance mitigates; ignorance of the law is no excuse | [16], [18] |
| National Heavy Vehicle Regulator v Mounce [2020] SASC 91 | Supreme Court | Community safety the primary purpose of sentencing | [20], [26], [29] to [33] |
Case notes
Department of Planning, Transport and Infrastructure v Wing [2014] SASC 115
A Crown appeal against fines for ten counts of contravening a direction to produce records under the predecessor heavy vehicle scheme in the Road Traffic Act ([1]). Stanley J said the purpose of the legislation is that road safety overrides commercial imperatives, and that penalties must deter drivers from giving in to commercial temptation ([18]). The appeal was allowed and the driver fined $7,500 for all ten counts ([22]).
National Heavy Vehicle Regulator v Obst; National Heavy Vehicle Regulator v Turnbull (No 2) [2021] SASC 50
A fatigue case. Blue J treated the drivers’ belief that they were complying as mitigating, but said ignorance of the law is no excuse for a regulatory offence with important safety implications ([16]). General deterrence played an important role, and there was no good reason not to record convictions ([18]).
National Heavy Vehicle Regulator v Mounce [2020] SASC 91
A fatigue case. Bampton J said the primary purpose of sentencing for the driver’s offending was to protect the safety of the community ([20]). The magistrate’s penalty was manifestly inadequate ([26]), but because of the driver’s means the Court declined to resentence and dismissed the appeal ([29] to [33]).
Frequently asked questions
What are the penalties for speeding down the South Eastern Freeway in a truck?
Driving a truck or bus on the prescribed road 10 km/h or more over a relevant speed limit is an offence under section 45C(1) of the Road Traffic Act. The expiation fee is $1,263 and the offence carries 6 demerit points. On conviction the maximum is $5,000 for a first offence, with a mandatory disqualification of at least 6 months.
Where exactly do the truck rules apply on the freeway?
On the north-westbound carriageway, from about 500 metres north-west of the Waverley Ridge Road overpass to the stop line at the Cross Road, Glen Osmond Road, Portrush Road and Mount Barker Road intersection (regulation 61A of the Road Traffic (Miscellaneous) Regulations 2014).
What is the low gear rule?
Where a trucks and buses low gear sign applies, a truck or bus driver on the prescribed road must use a gear low enough to drive safely on that length of road without using the footbrake or other primary brake (section 45C(2)). It carries the same penalties as the speed offence.
Can the court reduce a freeway disqualification?
No. On conviction the court must disqualify for at least 6 months for a first offence, 12 months for a second and 3 years for a subsequent offence, and the minimum cannot be reduced, mitigated or substituted by any other penalty (section 45C(3)).
Does paying the expiation notice avoid disqualification?
It avoids the court-ordered disqualification, which follows a conviction. It does not avoid the 6 demerit points, and the expiated offence counts as a previous offence for 5 years under section 45D(1a), which matters if there is another offence.
Can police suspend my licence on the spot?
For a second or subsequent offence within 5 years, yes. Police may give a notice of licence disqualification or suspension under section 45D, which operates for the relevant period, ending at the latest 6 months after it starts.
How do I get a police disqualification notice lifted?
By applying to the Magistrates Court under section 45E, if no expiation notice was given or it was withdrawn or the driver elected to be prosecuted. The court may lift it on sworn evidence of a reasonable prospect of acquittal, or if no charge has been laid within a reasonable time.
Do the freeway rules apply to cars?
No. Section 45C applies to trucks and buses as the Australian Road Rules define them. Other vehicles are subject to the ordinary speed limits.
How many demerit points is a freeway offence?
Six for each offence, whether it is expiated or prosecuted (Schedule 4 of the Motor Vehicles Regulations 2025). Two offences reach the 12 point threshold for a demerit point disqualification.
Do I need a lawyer for a South Eastern Freeway charge?
Usually, yes, where there is a previous offence, a police notice or a charge going to court, because the disqualification cannot be reduced once a conviction is recorded. A free 30-minute consultation will tell you where you stand.
South Australian courts we attend for freeway matters
We appear in the Adelaide and Mount Barker Magistrates Courts and the other courts listed below, and in the higher courts for matters that go there.
Courts we attend
Book a same-day free 30-minute consultation or call (08) 7094 2021.