Gazetted Roads

Contact the appropriate Shire Councils at least via their websites which should reveal what their public road structure is.

is this for Insurance reasons or warranty etc

I think you will find it is "out of districts", that is, there is no local government for that area and it is covered by the State Government.
Suggest you contact the Transport Agency Regional Office (Dept for Planning, Transport and Infrastructure) in Pt Augusta.

I'd say Yes:

But this is for NSW:
"Road has been defined as:

"a highway for traffic" - a public road on which all have a right to pass, and
"a right to passage along a certain route and the physical substance supporting the passengers". [see Hallmann para 6.1]

Road in its legal sense applies to all types of thoroughfares eg roads, lanes, pathways. The Roads Act 1993 does not specify any minimum widths, which would distinguish lanes or pathways from other public roads. A site is a road if persons, other than the owner, have a right of passage which cannot be terminated at the will of the owner. Road includes:

the airspace above the surface of the road,
the soil beneath the surface of the road, and
any bridge, tunnel causeway, road-ferry, ford or other work or structure forming part of the road."
http://rgdirections.lpi.nsw.gov.au/deposited_plans/roads/general_principles

Hi Keith,

In South Australia, the Simpson Desert and Witjira National Park are not within any Local Government Area, so there is no "Shire" to contact. You would need to discuss with Department for Environment, Water and Natural Resources staff, perhaps when you arrange your Desert Parks Pass.

I might suggest that the issue of "gazetted roads" may possibly be largely peculiar to the eastern states, where, on occasion, land tenure can be, let's just say, interesting.

With the notable exception of roads through SA's pastoral country, where pastoral leasehold land (a form of Crown Land that is leased out for pastoral purposes) has been genuinely resumed from its former lease, road corridors have been excised and the remaining land rededicated, by gazettal, again as pastoral leasehold land, I think you'll find that most public roads in the more populated parts of South Australia are NOT gazetted in any way, shape or form - they largely come into being by deposit, in the Lands Titles Office, of a Plan of Division (i.e. the original land parcel is subdivided) and are then, by operation of s.308 of the Local Government Act, held as an estate in fee simple under the Real Property Act, by the relevant Local Government Authority (council), even where land may have been acquired by negotiation or compulsory process (eastern states readers please read "resumed") from adjoining property owners to duplicate or widen a road corridor.

To a significant extent, the above even applies to our major interstate road system, although in the last couple of years there have been amendments to the Highways Act that will ultimately allow the Commissioner of Highways to hold certain identified "highways" in his own name. To the best of my knowledge, such sections of identified roads are yet to be proclaimed, even though the Commissioner of Highways does have "care, control and management" of any road in SA which is a "controlled access road".

On that basis, a vehicle owner who had some form of roadside assistance that was confined only to gazetted roads would be in BIG trouble in this state! But they're clearly not!

While I don't have any specific legal knowledge regarding the Simpson Desert road situation, and I'm not particularly concerned since my own vehicle insurance is for "whole of Australia", all roads there run through the respective National Parks, so I'd be more than surprised to hear that the roads themselves are gazetted. In any event, irrespective of whether they are or not, you may only use the roads that DEWNR identifies in its Desert Parks Pass, anyway.

Sorry for the "War and Peace" reply, but hope it clears up a few issues for others.

Regards,


Charlie

G'day Keith,
Rather than get hung up on whether the road is gazetted or not then trying to fight an insurance company or Auto club regarding coverage; why not contact them directly, inform them of your intended route of travel and ask for something in writing or which clauses may apply to you in the event that you do have an accident or breakdown.

Be up front and put the onus back on them to say yay or nay rather than setting yourself up for a legal battle if something goes pear shaped.

Just my opinion.
Fab.

I did read some time ago about someone getting a rescue from Mt Dare cost about $6000 if I remember correctly Read what they offer here

http://www.mtdare.com.au/mt-dare-hotel-services/mt-dare-hotel-workshop-and-recovery-service

Agree with garrycol. RACV Total Care set out the conditions, see here https://www.racv.com.au/wps/wcm/connect/39a3b332-f9fe-41c9-ab8a-d1172b7164aa/emergency%2Broadside%2Bassistance%2Bterms%2Band%2Bconditions11%2B14.pdf?MOD=AJPERES&CACHEID=39a3b332-f9fe-41c9-ab8a-d1172b7164aa
Page 12 tells you that the road must usable by 2wd vehicles. The is no mention of gazetted roads. It only talks about Victoria but the RACV has assured me that it covers Australia wide. Not all motoring clubs have the same rules. I know of people with RACV Total Care who broke down in WA and when they rang they where put through to the RAC of WA who said they were not covered where they were on the Great Central Road. They paid for there own recovery and took it up with the RACV on their return home. The RACV finally reimbursed them the recovery costs as they were on a 2wd navigatable road. The lesson is to always have with you the booklet from your own motoring club of their terms and conditions and should you have the need to call them, I would highly advise you to read this document very carefully BEFORE you ring them so you know exactly where you stand. You also need to know the direct telephone number (not a 13 number) of your motoring club as if you are interstate and will probably be directed to the local motoring club in the first instant. If you do not get a satisfactory response you need the direct number to your own motoring club.

So the answer to your question KeithB is, for motoring club service it makes no difference whether they are gazetted roads or not you are NOT cover so any recovery costs are on you.
As far as car insurance is concerned you need to read your own policy, or ring them, as it totally depends on the policy that you have taken out. As a rule if you have shopped for insurance on price you most likely NOT covered.

I have heard a few stories of ppl being covered by Total Care when being recovered from the Simpson ,

It always came from someone that knew someone's mate .

This is the recovery vehicle at Birdsville.
He charges by the hour from the time he receives the phone call. Recovery might take several days. Can't remember the hourly rate, but even something very reasonable will add up mighty quick.

The likelihood of needing outside assistance varies with preparation, vehicle choice, skill and care. If you are not prepared to accept these significant financial risks, you have little alternative but to stay home.

Cheers,
Peter
OKA196 Motorhome