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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport Legislation
Amendment (Traffic Offence Detection)
Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Road Transport (Safety and Traffic
Management) Act 1999 No 20 3
Schedule 2 Consequential amendment of other Acts and
statutory rules 13
b2009-036-94.d15
New South Wales
Road Transport Legislation
Amendment (Traffic Offence Detection)
Bill 2009
No , 2009
A Bill for
An Act to amend the Road Transport (Safety and Traffic Management) Act 1999 and
certain other legislation to make further provision with respect to the detection of
speeding offences by heavy vehicles and the detection of certain other traffic
offences.
Road Transport Legislation Amendment (Traffic Offence Detection) Bill
Clause 1 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Road Transport Legislation Amendment (Traffic Offence 3
Detection) Act 2009. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Road Transport Legislation Amendment (Traffic Offence Detection) Bill
2009
Amendment of Road Transport (Safety and Traffic Management) Act 1999 Schedule 1
No 20
Schedule 1 Amendment of Road Transport (Safety 1
and Traffic Management) Act 1999 No 20 2
[1] Section 43A 3
Insert before section 44: 4
43A Average speed of heavy vehicle is evidence of actual speed in 5
certain circumstances 6
(1) When section may be relied on 7
A person who brings proceedings for a speeding offence 8
involving a heavy vehicle may, in accordance with this section, 9
rely on evidence of the average speed of the vehicle between 10
detection points as evidence of the actual speed of the vehicle in 11
order to establish the offence. 12
(2) Evidence and other matters that may be relied on 13
The following provisions apply in relation to proceedings for a 14
speeding offence involving a heavy vehicle in which the person 15
bringing the proceedings seeks to rely on evidence of the average 16
speed of the vehicle: 17
(a) the average speed of the heavy vehicle calculated in 18
accordance with this section is admissible and is prima 19
facie evidence of the actual speed at which a driver of the 20
vehicle drove the vehicle on a road between the detection 21
points, and 22
(b) if there was more than one driver of the heavy vehicle 23
between the detection points--each driver is taken to have 24
driven the heavy vehicle at the average speed of the vehicle 25
calculated in accordance with this section, except as 26
provided by subsection (3), and 27
(c) if more than one speed limit applied to a driver of the 28
heavy vehicle between the detection points and the 29
speeding offence is not a speed limiter offence: 30
(i) the average speed limit for the driver on a road 31
between the points calculated in accordance with 32
this section is taken (subject to subsection (8)) to be 33
the speed limit that applied to the driver at all times 34
on the road between those points, and 35
(ii) a driver of (and any responsible person for) the 36
vehicle may be dealt with under the road transport 37
legislation accordingly, and 38
Page 3
Road Transport Legislation Amendment (Traffic Offence Detection) Bill
2009
Schedule 1 Amendment of Road Transport (Safety and Traffic Management) Act 1999
No 20
(d) the heavy vehicle and any of its drivers are, for the 1
purposes of calculating the vehicle's average speed and 2
any average speed limit, taken to have travelled between 3
the detection points by means of the shortest practicable 4
distance between those points regardless of the actual route 5
taken by any of the drivers between the points. 6
(3) Subsection (2) (b) does not apply in relation to any driver of a 7
heavy vehicle if the driver establishes any ground of exculpation 8
prescribed by the regulations. The regulations may also provide 9
for the kinds of evidence that may be used in connection with 10
establishing any such ground of exculpation (for example, the 11
provision of a statutory declaration). 12
(4) How average speed is to be calculated 13
The average speed of a heavy vehicle between detection points is 14
to be calculated in accordance with the following formula (and 15
expressed in kilometres per hour rounded down to the next whole 16
number): 17
D T × 3600
------------------------
-
T
where: 18
DT is the total shortest practicable distance (expressed in 19
kilometres and rounded down to 2 decimal places) that could 20
have been travelled by the vehicle on a road between the 21
detection points. 22
T is the journey time (expressed in seconds) of the vehicle 23
between the detection points. 24
(5) How average speed limit is to be calculated 25
The average speed limit for a driver of a heavy vehicle on a road 26
between detection points in circumstances where more than one 27
speed limit applied to the driver between those points is to be 28
calculated in accordance with the following formula (and 29
expressed in kilometres per hour rounded up to the next whole 30
number): 31
DT
---------------------------------------
-
D1 D2 Dn
------ + ------ + ... ------
S1 S2 Sn
Page 4
Road Transport Legislation Amendment (Traffic Offence Detection) Bill
2009
Amendment of Road Transport (Safety and Traffic Management) Act 1999 Schedule 1
No 20
where: 1
DT is the total shortest practicable distance (expressed in 2
kilometres and rounded down to 2 decimal places) that could be 3
travelled by the vehicle on a road between the detection points. 4
S1, S2 ... Sn are each of the speed limits (expressed in kilometres 5
per hour) that would have applied to a driver of the vehicle if the 6
vehicle were travelling along the shortest practicable distance DT 7
on a road between the detection points. 8
D1, D2 ... Dn are each part of the total shortest practicable distance 9
DT between the detection points (expressed in kilometres and 10
rounded down to 2 decimal places) for the different speed limits 11
S1, S2 ... Sn that would have applied to a driver of the vehicle 12
between the detection points. 13
(6) Certificate evidence concerning average speed calculations 14
Any certificates purportedly signed by an approved person for the 15
matters concerned that certify any one or more of the following 16
matters may be tendered in proceedings for a speeding offence 17
involving a heavy vehicle in which the person bringing the 18
proceedings seeks to rely on the vehicle's average speed and are 19
admissible in the proceedings and are prima facie evidence of any 20
of the matters that are certified: 21
(a) the shortest practicable distance, expressed in kilometres 22
and rounded down to 2 decimal places, that could be 23
travelled by a vehicle on a road between the detection 24
points, 25
(b) if more than one speed limit applied to a driver of a vehicle 26
between the detection points (measured along that shortest 27
practicable distance): 28
(i) each distance for which each speed limit applied to 29
the driver, expressed in kilometres and rounded 30
down to 2 decimal places, and 31
(ii) the average speed limit calculated in accordance 32
with this section that applied to the driver between 33
the points (including an average speed limit 34
calculated in accordance with this section using 35
computer programs or electronic equipment), 36
(c) the average speed calculated in accordance with this 37
section at which a vehicle travelled between the points 38
(including an average speed calculated in accordance with 39
this section using computer programs or electronic 40
equipment). 41
Page 5
Road Transport Legislation Amendment (Traffic Offence Detection) Bill
2009
Schedule 1 Amendment of Road Transport (Safety and Traffic Management) Act 1999
No 20
(7) Section does not exclude other modes of proof of speeding 1
offences 2
This section is in addition to, and does not derogate from, any 3
other mode of proof of the speed of a heavy vehicle. 4
(8) Without limiting subsection (7), a court in proceedings for a 5
speeding offence in which the person bringing the proceedings is 6
seeking to rely on evidence of the average speed of the vehicle 7
may convict a person of the offence relying on evidence of the 8
actual speed of the vehicle at a particular point of its journey 9
between detection points (instead of evidence of an average 10
speed or average speed limit) if the court is satisfied that: 11
(a) evidence in the proceedings (other than evidence 12
establishing the average speed) establishes the actual 13
speed at which the driver was driving, and the actual speed 14
limit that applied to the driver, at that point, and 15
(b) the use of the actual speed and actual speed limit rather 16
than the average speed (and, where relevant, the average 17
speed limit) demonstrates that the driver exceeded the 18
speed limit by a greater speed than that indicated by the use 19
of the average speed or average speed limit. 20
Note. Assume, for example, that the average speed of a heavy vehicle 21
calculated in accordance with this section between detection points is 22
120 kilometres per hour along a length of road for which the speed limit 23
is 90 kilometres per hour. The use of the average speed of the vehicle 24
indicates that the speed limit was exceeded by 30 kilometres per hour. 25
Assume, as well, that a police officer also measured the speed of the 26
vehicle at some point during the same journey at 130 kilometres per hour 27
using an approved speed measuring device. Using the police officer's 28
measurement, the driver was exceeding the speed limit by 40 kilometres 29
per hour at that point. 30
A court in proceedings to which this section applies may rely on evidence 31
obtained by the police officer rather than the average speed to convict a 32
person of the speeding offence. 33
(9) Reliance on average speed does not affect validity of driver 34
licence suspension notices 35
For the avoidance of doubt, the validity of a suspension notice 36
given to a person under section 205 or 206 of the Road Transport 37
(General) Act 2005 for a speeding offence may not be challenged 38
or called into question in any proceedings only because the 39
average speed that is relied on in proceedings or a penalty notice 40
for the offence is less than a speed for which a notice may be 41
issued under section 205 or 206. 42
Page 6
Road Transport Legislation Amendment (Traffic Offence Detection) Bill
2009
Amendment of Road Transport (Safety and Traffic Management) Act 1999 Schedule 1
No 20
(10) Definitions 1
In this section: 2
approved person means: 3
(a) in relation to certifying distances for the purposes of this 4
section--a registered land surveyor within the meaning of 5
the Surveying Act 2002, and 6
(b) in relation to certifying any other matter for the purposes 7
of this section--a person (or a person belonging to a class 8
of persons) authorised by the Authority to issue certificates 9
for the purposes of this section. 10
detection points means the different points on a road by reference 11
to which the average speed of a heavy vehicle is proposed to be 12
calculated for the purposes of this section. 13
heavy vehicle has the same meaning as in the Road Transport 14
(General) Act 2005. 15
journey time, in relation to a heavy vehicle between detection 16
points, means the total time that elapsed between the heavy 17
vehicle passing the first and last detection points. 18
road transport legislation has the same meaning as in the Road 19
Transport (General) Act 2005. 20
shortest practicable distance between detection points on a road 21
means the shortest distance between those points that a driver of 22
a heavy vehicle could have used to travel between the points 23
without contravening any road rules applicable to the driver 24
under this Act. 25
speed limiter offence means a speed limiter offence within the 26
meaning of Division 2A of Part 5. 27
speeding offence means: 28
(a) an offence against this Act or the regulations of failing to 29
obey a speed limit, or 30
(b) a speed limiter offence. 31
[2] Sections 47A and 47B 32
Insert after section 47: 33
47A Approved average speed detection devices 34
In this Act, an approved average speed detection device means a 35
device approved by the Authority by order published in the 36
Gazette as being designed to photograph a vehicle at a point 37
Page 7
Road Transport Legislation Amendment (Traffic Offence Detection) Bill
2009
Schedule 1 Amendment of Road Transport (Safety and Traffic Management) Act 1999
No 20
during its journey between different points on a road for use in 1
calculating the vehicle's average speed between those points and 2
to record on any photograph that is taken: 3
(a) the date on which the photograph is taken, and 4
(b) the time and location at which the photograph is taken, and 5
(c) the direction in which the vehicle activating the device is 6
travelling, and 7
(d) such other information as may be prescribed by the 8
regulations. 9
47B Photographic evidence for use in proceedings involving average 10
speed 11
(1) In proceedings in which evidence of the average speed of a 12
vehicle calculated in accordance with section 43A is relied on: 13
(a) photographs tendered in evidence as photographs taken by 14
means of the operation, on a day or days specified on the 15
photographs, of approved average speed detection devices 16
installed at the locations specified on the photographs, and 17
as each bearing a security indicator of a kind prescribed by 18
the regulations, are admissible and are to be presumed: 19
(i) to have been so taken unless evidence sufficient to 20
raise doubt that they were so taken is adduced, and 21
(ii) to bear such a security indicator unless evidence that 22
is sufficient to raise doubt that they do so is adduced, 23
and 24
(b) evidence that a photograph tendered in evidence taken by 25
an approved average speed detection device bears a 26
security indicator of a kind prescribed by the regulations is 27
prima facie evidence that the photograph has not been 28
altered since it was taken, and 29
(c) any such photograph is prima facie evidence of the matters 30
shown or recorded on the photograph. 31
(2) When photographs are tendered in evidence in such proceedings 32
as being taken by approved average speed detection devices, a 33
certificate purporting to be signed by an authorised person and 34
certifying the following particulars is also to be tendered in 35
evidence, and is admissible and is prima facie evidence of those 36
particulars: 37
(a) that the person is an authorised person, 38
(b) that, within 30 days (or such other period as may be 39
prescribed by the regulations) before the time and day 40
Page 8
Road Transport Legislation Amendment (Traffic Offence Detection) Bill
2009
Amendment of Road Transport (Safety and Traffic Management) Act 1999 Schedule 1
No 20
recorded on the earliest of the photographs as the time at 1
which and the day on which that photograph was taken, the 2
person carried out the inspection specified in the certificate 3
on the approved average speed detection devices that took 4
the photographs, 5
(c) that on that inspection the approved average speed 6
detection devices were found to be operating correctly. 7
(3) If a certificate under subsection (2) is tendered in proceedings for 8
an offence, evidence: 9
(a) of the accuracy or reliability of the approved average speed 10
detection devices, or 11
(b) as to whether or not the devices operated properly or 12
operate properly (generally or at a particular time or date 13
or during a particular period), 14
is not required in those proceedings unless evidence sufficient to 15
raise doubt that, at the time of the alleged offence, the devices 16
were accurate, reliable and operating properly is adduced. 17
Note. See also section 73A. 18
(4) In this section: 19
authorised person means a person (or a person belonging to a 20
class of persons) authorised by the Authority to install and 21
inspect approved average speed detection devices. 22
[3] Section 57 Photographic evidence of traffic light offences 23
Omit "168 hours" from section 57 (3) (b). 24
Insert instead "the period prescribed by the regulations, whether for a specified 25
kind of device or generally,". 26
[4] Part 4, Division 4 27
Insert after Division 3 of Part 4: 28
Division 4 Approval of devices to detect several kinds 29
of traffic offences 30
57C Approval of devices for multiple detection functions 31
(1) The appropriate approval authority may, by order published in 32
the Gazette, approve the same device for use as an approved 33
device for the purposes of 2 or more device approval provisions 34
if the device is designed to perform the detection functions 35
referred to in each of those provisions. 36
Page 9
Road Transport Legislation Amendment (Traffic Offence Detection) Bill
2009
Schedule 1 Amendment of Road Transport (Safety and Traffic Management) Act 1999
No 20
(2) The appropriate approval authority for the purposes of 1
subsection (1) is: 2
(a) if the approval authority for each of the device approval 3
provisions concerned is the same person--that person, or 4
(b) if the approval authority for each of the device approval 5
provisions concerned is a different person--the Governor. 6
(3) An order under subsection (1) may extend to devices that have 7
previously been approved under a device approval provision for 8
a particular detection function. 9
(4) A device approved under subsection (1) is taken for the purposes 10
of this Act: 11
(a) to have been duly approved for the purposes of each of the 12
device approval provisions specified in the order, and 13
(b) to be an approved device of the kind referred to in each of 14
those provisions. 15
(5) Evidence concerning, or obtained from, a device approved under 16
subsection (1) that is used for a particular detection function is 17
subject to the same provisions of this Act and the regulations that 18
would have applied to the device if it had been approved only for 19
that purpose under the relevant device approval provision. 20
(6) Section 44 (2) extends to the making of an order under 21
subsection (1) that would operate to approve a device for the 22
detection function referred to in section 44. 23
(7) Nothing in this section prevents a device from being approved 24
under a device approval provision rather than under this section. 25
(8) In this section: 26
approval authority, in relation to a device approval provision, 27
means the person who has the function of approving a device for 28
the detection function referred to in that provision. 29
detection function means the detection function for which a 30
device may be approved under any of the device approval 31
provisions. 32
device approval provision means each of the following 33
provisions: 34
(a) section 44 (Approved speed measuring devices), 35
(b) section 45 (Approved camera recording devices) in its 36
application to the approval of devices by the Governor, 37
Page 10
Road Transport Legislation Amendment (Traffic Offence Detection) Bill
2009
Amendment of Road Transport (Safety and Traffic Management) Act 1999 Schedule 1
No 20
(c) section 45 (Approved camera recording devices) in its 1
application to the approval of devices by the 2
Commissioner of Police, 3
(d) section 47A (Approved average speed detection devices), 4
(e) section 56 (Approved camera detection device), 5
(f) section 57A (Approved traffic lane camera devices). 6
[5] Section 69E Photographic evidence of speed of vehicle 7
Insert "(or of an average speed calculated from information obtained from 8
approved average speed detection devices)" after "approved camera recording 9
device" in section 69E (1). 10
[6] Section 69E (2) 11
Insert "(or, in the case of evidence of an average speed, section 47B)" after 12
"Section 47 (2)-(7)". 13
[7] Section 69F Liability of offender for speed offence and giving of 14
evidence of speed unaffected 15
Insert "(or of an average speed calculated from information obtained from 16
approved average speed detection devices)" after "approved camera recording 17
device" in section 69F (b). 18
[8] Section 73A Rebuttal of evidence of matters of specialised knowledge 19
Insert "47B," after "47," in section 73A (1). 20
[9] Section 73A (3), definition of "approved device" 21
Insert at the end of paragraph (d) of the definition: 22
, or 23
(e) an approved average speed detection device. 24
[10] Schedule 2 Savings, transitional and other provisions 25
Insert at the end of clause 1 (1): 26
Road Transport Legislation Amendment (Traffic Offence 27
Detection) Act 2009 28
Page 11
Road Transport Legislation Amendment (Traffic Offence Detection) Bill
2009
Schedule 1 Amendment of Road Transport (Safety and Traffic Management) Act 1999
No 20
[11] Schedule 2 1
Insert at the end of the Schedule (with appropriate Part and clause numbers): 2
Part Provisions consequent on enactment of 3
Road Transport Legislation Amendment 4
(Traffic Offence Detection) Act 2009 5
Definition 6
In this Part: 7
amending Act means the Road Transport Legislation 8
Amendment (Traffic Offence Detection) Act 2009. 9
Certificate evidence preserved 10
Any certificate issued under section 57 before the amendment of 11
that section by the amending Act continues to be as effectual as 12
it was before the commencement of that amendment (including 13
for the purposes of any evidence in any proceedings). 14
Approval of approved detection devices for multiple uses 15
Section 57C (as inserted by the amending Act) extends to a 16
device that was an approved device for the purposes of a device 17
approval provision (within the meaning of that section) 18
immediately before the commencement of that section. 19
[12] Dictionary 20
Insert in alphabetical order: 21
approved average speed detection device--see section 47A. 22
Page 12
Road Transport Legislation Amendment (Traffic Offence Detection) Bill
2009
Consequential amendment of other Acts and statutory rules Schedule 2
Schedule 2 Consequential amendment of other Acts 1
and statutory rules 2
2.1 Criminal Procedure Act 1986 No 209 3
[1] Section 283 Law enforcement devices 4
Insert "47B," after "47," in section 283 (1) (a). 5
[2] Section 283 (3) 6
Insert "approved average speed detection device," before "approved traffic 7
lane camera device" wherever occurring. 8
[3] Section 283 (4) 9
Insert "47B," after "47,". 10
[4] Section 283 (5) 11
Insert "approved average speed detection device," before "approved camera 12
detection device". 13
2.2 Fines Act 1996 No 99 14
Section 38 Circumstances in which person issued with penalty reminder 15
notice for vehicle or vessel offence is not liable to pay penalty 16
Insert "approved average speed detection device," before "approved camera 17
detection device" in paragraph (b) of the definition of vehicle or vessel offence 18
in section 38 (4). 19
2.3 Road Rules 2008 20
Rule 20 Obeying the speed limit 21
Insert after note 4: 22
Note 5. Section 43A of the Act provides that a person bringing 23
proceedings or issuing a penalty notice in which it is alleged that the 24
driver of a heavy vehicle committed a speeding offence may rely on the 25
average speed at which the vehicle travelled between different points on 26
a road as evidence of the offence. 27
If there is more than one speed limit applicable to the driver between the 28
different points, section 43A of the Act provides that for the purposes of 29
such proceedings the speed limit that applied to the driver between 30
those points is taken to be the average speed limit calculated in 31
accordance with that section. 32
Page 13
Road Transport Legislation Amendment (Traffic Offence Detection) Bill
2009
Schedule 2 Consequential amendment of other Acts and statutory rules
2.4 Road Transport (Driver Licensing) Regulation 2008 1
[1] Clause 4 Definitions 2
Insert in alphabetical order in clause 4 (1): 3
average speed detection zone means a length of road to which an 4
average speed detection zone sign applies, being a length of road 5
beginning at an average speed detection zone sign and ending 6
300 metres along the length of road in the direction driven by a 7
driver on the road who faces the sign before passing it. 8
average speed detection zone sign means a traffic sign bearing 9
the words "AVERAGE SPEED". 10
[2] Schedule 2 Additional demerit point offences 11
Insert "or average speed detection zone" after "Safe-T-Cam zone" wherever 12
occurring. 13
2.5 Road Transport (General) Act 2005 No 11 14
[1] Section 179 Liability of responsible person for vehicle for designated 15
offences 16
Omit "summons" from section 179 (3) (b) (i) and the definition of camera 17
recorded offence in section 179 (12) wherever occurring. 18
Insert instead "court attendance notice". 19
[2] Section 179 (10A) 20
Insert after section 179 (10): 21
(10A) Average speed detected offences 22
The following provisions apply in relation to a penalty notice or 23
court attendance notice for an average speed detected offence 24
involving a heavy vehicle travelling between detection points: 25
(a) a reference in any other provision of this section to the time 26
of the occurrence of an offence is taken to be a reference to 27
the period during which the heavy vehicle travelled 28
between the detection points, 29
(b) the actual offender for the purposes of this section is taken 30
to be each driver of the heavy vehicle between the 31
detection points, 32
(c) any obligation under this section of the responsible person 33
for the heavy vehicle to supply the name and address of the 34
person who was in charge of the vehicle at the time the 35
Page 14
Road Transport Legislation Amendment (Traffic Offence Detection) Bill
2009
Consequential amendment of other Acts and statutory rules Schedule 2
offence occurred is taken to be an obligation to provide the 1
names and addresses of each of the persons who were in 2
charge of the heavy vehicle between the detection points, 3
(d) subsection (2) does not operate to prevent a penalty being 4
imposed on or recovered from each of the drivers of the 5
heavy vehicle between the detection points. 6
Note. Section 43A of the Road Transport (Safety and Traffic 7
Management) Act 1999 allows the average speed of a heavy vehicle 8
calculated from the time taken to travel between different detection 9
points to be used as evidence of the actual speed at which the vehicle 10
travelled. Section 43A (2) (b) of that Act (when read with section 43A (3)) 11
provides that if there is more than one driver of the vehicle between the 12
detection points, each driver is taken to have driven the heavy vehicle at 13
the average speed of the vehicle except for any particular driver who can 14
establish any exculpatory ground prescribed by the regulations. 15
[3] Section 179 (12) 16
Insert in alphabetical order: 17
average speed detected offence means a speeding offence 18
involving a heavy vehicle in respect of which the penalty notice 19
or the court attendance notice indicates that the average speed of 20
the vehicle was calculated from information recorded by 21
approved average speed detection devices (within the meaning of 22
the Road Transport (Safety and Traffic Management) Act 1999). 23
court attendance notice means: 24
(a) in relation to proceedings for an offence commenced in the 25
Local Court--a court attendance notice within the 26
meaning of the Criminal Procedure Act 1986 issued in 27
respect of the person alleged to have committed the 28
offence, and 29
(b) in relation to proceedings for an offence commenced in the 30
Supreme Court in its summary jurisdiction--an 31
application for an order under section 246 of the Criminal 32
Procedure Act 1986 in respect of the person alleged to 33
have committed the offence. 34
detection points, in relation to an average speed detected offence, 35
has the same meaning as detection points has in section 43A of 36
the Road Transport (Safety and Traffic Management) Act 1999. 37
[4] Section 179 (12), definition of "camera recorded offence" 38
Insert at the end of paragraph (d) (ii) of the definition of camera recorded 39
offence: 40
, or 41
(e) an average speed detected offence. 42
Page 15
Road Transport Legislation Amendment (Traffic Offence Detection) Bill
2009
Schedule 2 Consequential amendment of other Acts and statutory rules
2.6 Road Transport (General) Regulation 2005 1
[1] Clause 168 Definitions 2
Insert in alphabetical order in clause 168 (1): 3
average speed detection zone means a length of road to which an 4
average speed detection zone sign applies, being a length of road 5
beginning at an average speed detection zone sign and ending 6
300 metres along the length of road in the direction driven by a 7
driver on the road who faces the sign before passing it. 8
average speed detection zone sign means a traffic sign bearing 9
the words "AVERAGE SPEED". 10
[2] Schedule 3 Penalty notice offences 11
Insert "or average speed detection zone" after "Safe-T-Cam zone" wherever 12
occurring. 13
2.7 Road Transport (Safety and Traffic Management) Regulation 14
1999 15
[1] Clause 156B Security indicators: sections 47B and 57B of Act 16
Omit "section 57B" from clause 156B (1). 17
Insert instead "sections 47B and 57B". 18
[2] Clause 156D 19
Insert after clause 156C: 20
156D Inspection of approved camera detection devices: section 57 (3) 21
(b) of the Act 22
(1) For the purposes of section 57 (3) (b) of the Act, the prescribed 23
period is: 24
(a) in the case of an approved digital camera detection 25
device--30 days, or 26
(b) in the case of any other kind of approved camera detection 27
device--168 hours. 28
(2) In this clause: 29
approved digital camera detection device means an approved 30
camera detection device that is capable of recording images in the 31
form of digitalised, electronic or computer-generated images. 32
Page 16
Road Transport Legislation Amendment (Traffic Offence Detection) Bill
2009
Consequential amendment of other Acts and statutory rules Schedule 2
[3] Clause 160A 1
Insert after clause 160: 2
160A Prescribed ground of exculpation: section 43A (3) of Act 3
(1) It is a prescribed ground of exculpation for the purposes of 4
section 43A (3) of the Act in relation to a driver of a heavy 5
vehicle (the driver concerned) involved in a speeding offence if: 6
(a) any other driver of the heavy vehicle: 7
(i) has been convicted, or found guilty, of the speeding 8
offence, or 9
(ii) has paid the whole or any part of the penalty 10
specified in a penalty notice issued to the other 11
driver in respect of the speeding offence, or 12
(iii) has not paid the penalty specified in a penalty notice 13
issued to the other driver in respect of the speeding 14
offence, has not elected to have the matter dealt with 15
by a court and the time for the other driver to have 16
the matter so dealt with has lapsed, and 17
(b) the driver concerned gives the State Debt Recovery Office 18
a statutory declaration made by the driver that states that 19
the driver obeyed all of the speed limits that applied to the 20
driver while he or she was the driver of the vehicle. 21
(2) A reference to speed limits in subclause (1) (b) does not include 22
an average speed limit calculated in accordance with section 43A 23
of the Act. 24
Page 17
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