Road Transport Legislation Amendment (Traffic Offence Detection) Act 2009 No 50
Repealed version for 26 June 2009 to 11 September 2009 (accessed 20 December 2014 at 03:30)
Schedule 2

Schedule 2 Consequential amendment of other Acts and statutory rules

2.1 Criminal Procedure Act 1986 No 209

[1]   Section 283 Law enforcement devices

Insert “47B,” after “47,” in section 283 (1) (a).

[2]   Section 283 (3)

Insert “approved average speed detection device,” before “approved traffic lane camera device” wherever occurring.

[3]   Section 283 (4)

Insert “47B,” after “47,”.

[4]   Section 283 (5)

Insert “approved average speed detection device,” before “approved camera detection device”.

2.2 Fines Act 1996 No 99

Section 38 Circumstances in which person issued with penalty reminder notice for vehicle or vessel offence is not liable to pay penalty

Insert “approved average speed detection device,” before “approved camera detection device” in paragraph (b) of the definition of vehicle or vessel offence in section 38 (4).

2.3 Road Rules 2008

Rule 20 Obeying the speed limit

Insert after note 4:
  
Note 5. Section 43A of the Act provides that a person bringing proceedings or issuing a penalty notice in which it is alleged that the driver of a heavy vehicle committed a speeding offence may rely on the average speed at which the vehicle travelled between different points on a road as evidence of the offence.

If there is more than one speed limit applicable to the driver between the different points, section 43A of the Act provides that for the purposes of such proceedings the speed limit that applied to the driver between those points is taken to be the average speed limit calculated in accordance with that section.

2.4 Road Transport (Driver Licensing) Regulation 2008

[1]   Clause 4 Definitions

Insert in alphabetical order in clause 4 (1):
  

average speed detection zone means a length of road to which an average speed detection zone sign applies, being a length of road beginning at an average speed detection zone sign and ending 300 metres along the length of road in the direction driven by a driver on the road who faces the sign before passing it.

average speed detection zone sign means a traffic sign bearing the words “AVERAGE SPEED”.

[2]   Schedule 2 Additional demerit point offences

Insert “or average speed detection zone” after “Safe-T-Cam zone” wherever occurring.

2.5 Road Transport (General) Act 2005 No 11

[1]   Section 179 Liability of responsible person for vehicle for designated offences

Omit “summons” from section 179 (3) (b) (i) and the definition of camera recorded offence in section 179 (12) wherever occurring.

Insert instead “court attendance notice”.

[2]   Section 179 (10A)

Insert after section 179 (10):
  
(10A) Average speed detected offences
The following provisions apply in relation to a penalty notice or court attendance notice for an average speed detected offence involving a heavy vehicle travelling between detection points:
(a)  a reference in any other provision of this section to the time of the occurrence of an offence is taken to be a reference to the period during which the heavy vehicle travelled between the detection points,
(b)  the actual offender for the purposes of this section is taken to be each driver of the heavy vehicle between the detection points,
(c)  any obligation under this section of the responsible person for the heavy vehicle to supply the name and address of the person who was in charge of the vehicle at the time the offence occurred is taken to be an obligation to provide the names and addresses of each of the persons who were in charge of the heavy vehicle between the detection points,
(d)  subsection (2) does not operate to prevent a penalty being imposed on or recovered from each of the drivers of the heavy vehicle between the detection points.
Note. Section 43A of the Road Transport (Safety and Traffic Management) Act 1999 allows the average speed of a heavy vehicle calculated from the time taken to travel between different detection points to be used as evidence of the actual speed at which the vehicle travelled. Section 43A (2) (b) of that Act (when read with section 43A (3)) provides that if there is more than one driver of the vehicle between the detection points, each driver is taken to have driven the heavy vehicle at the average speed of the vehicle except for any particular driver who can establish any exculpatory ground prescribed by the regulations.

[3]   Section 179 (12)

Insert in alphabetical order:
  

average speed detected offence means a speeding offence involving a heavy vehicle in respect of which the penalty notice or the court attendance notice indicates that the average speed of the vehicle was calculated from information recorded by approved average speed detection devices (within the meaning of the Road Transport (Safety and Traffic Management) Act 1999).

court attendance notice means:

(a)  in relation to proceedings for an offence commenced in the Local Court—a court attendance notice within the meaning of the Criminal Procedure Act 1986 issued in respect of the person alleged to have committed the offence, and
(b)  in relation to proceedings for an offence commenced in the Supreme Court in its summary jurisdiction—an application for an order under section 246 of the Criminal Procedure Act 1986 in respect of the person alleged to have committed the offence.

detection points, in relation to an average speed detected offence, has the same meaning as detection points has in section 43A of the Road Transport (Safety and Traffic Management) Act 1999.

[4]   Section 179 (12), definition of “camera recorded offence”

Insert at the end of paragraph (d) (ii) of the definition of camera recorded offence:
  

, or

(e)  an average speed detected offence.

2.6 Road Transport (General) Regulation 2005

[1]   Clause 168 Definitions

Insert in alphabetical order in clause 168 (1):
  

average speed detection zone means a length of road to which an average speed detection zone sign applies, being a length of road beginning at an average speed detection zone sign and ending 300 metres along the length of road in the direction driven by a driver on the road who faces the sign before passing it.

average speed detection zone sign means a traffic sign bearing the words “AVERAGE SPEED”.

[2]   Schedule 3 Penalty notice offences

Insert “or average speed detection zone” after “Safe-T-Cam zone” wherever occurring.

2.7 Road Transport (Safety and Traffic Management) Regulation 1999

[1]   Clause 156B Security indicators: sections 47B and 57B of Act

Omit “section 57B” from clause 156B (1).

Insert instead “sections 47B and 57B”.

[2]   Clause 156D

Insert after clause 156C:
  

156D   Inspection of approved camera detection devices: section 57 (3) (b) of the Act

(1)  For the purposes of section 57 (3) (b) of the Act, the prescribed period is:
(a)  in the case of an approved digital camera detection device—30 days, or
(b)  in the case of any other kind of approved camera detection device—168 hours.
(2)  In this clause:

approved digital camera detection device means an approved camera detection device that is capable of recording images in the form of digitalised, electronic or computer-generated images.

[3]   Clause 160A

Insert after clause 160:
  

160A   Prescribed ground of exculpation: section 43A (3) of Act

(1)  It is a prescribed ground of exculpation for the purposes of section 43A (3) of the Act in relation to a driver of a heavy vehicle (the driver concerned) involved in a speeding offence if:
(a)  any other driver of the heavy vehicle:
(i)  has been convicted, or found guilty, of the speeding offence, or
(ii)  has paid the whole or any part of the penalty specified in a penalty notice issued to the other driver in respect of the speeding offence, or
(iii)  has not paid the penalty specified in a penalty notice issued to the other driver in respect of the speeding offence, has not elected to have the matter dealt with by a court and the time for the other driver to have the matter so dealt with has lapsed, and
(b)  the driver concerned gives the State Debt Recovery Office a statutory declaration made by the driver that states that the driver obeyed all of the speed limits that applied to the driver while he or she was the driver of the vehicle.
(2)  A reference to speed limits in subclause (1) (b) does not include an average speed limit calculated in accordance with section 43A of the Act.
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