Traffic (Miscellaneous) Amendment (Red Light Cameras) Regulations 2001

Traffic (Miscellaneous) Amendment (Red Light Cameras) Regulations 2001

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Traffic Act 1925 .

12 November 2001

G. S. M. GREEN

Governor

By His Excellency's Command,

P. A. LENNON

Minister for Infrastructure, Energy and Resources

1.   Short title

These regulations may be cited as the Traffic (Miscellaneous) Amendment (Red Light Cameras) Regulations 2001 .

2.   Commencement

These regulations take effect on the day on which the Traffic Amendment (Red Light Cameras) Act 2001 commences.

3.   Principal Regulations

In these regulations, the Traffic (Miscellaneous) Regulations 1968 are referred to as the Principal Regulations.

4.   Part IX heading substituted

The heading to Part IX of the Principal Regulations is rescinded and the following heading is substituted:

PART IX – SPEED MEASURING AND OTHER DEVICES

5.   Part IX, Division 2: Division heading substituted

The heading to Division 2 of Part IX of the Principal Regulations is rescinded and the following heading is substituted:

Division 2 – Photographic detection and other devices

6.   Regulation 82 amended (Interpretation)

Regulation 82 of the Principal Regulations is amended as follows:

(a) by omitting the definition of "device" and substituting the following definitions:

device means –

(a) a device, other than a speedometer, for measuring the speed of a vehicle; or

(b) a device for detecting a red light offence;

intersection means an intersection within the meaning of the Road Rules;

(b) by inserting the following definition after the definition of "laser speed analyser":

marked lane means a marked lane within the meaning of the Road Rules;

(c) by omitting the definition of "photograph";

(d) by inserting the following definitions after the definition of "radar speed analyser":

red traffic arrow means a red traffic arrow within the meaning of the Road Rules;

red traffic light means a red traffic light within the meaning of the Road Rules;

7.   Regulation 83 amended (Devices to be tested for accuracy)

Regulation 83 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "to determine the speed of a vehicle" and substituting "to detect a speeding offence";

(b) by inserting in subregulation (3)(a) ", if any," after "the needle";

(c) by omitting paragraphs (b), (c) and (d) of subregulation (3) and substituting the following paragraphs:

(b) the battery, if any, is removed from the device and –

(i) returned to the device; or

(ii) replaced by another battery; or

(c) the device, if battery-powered, is connected to another battery; or

(d) by omitting subparagraph (i) of subregulation (3)(e) and substituting the following subparagraph:

(i) a film or disk is removed from, or inserted in, the device; or

8.   Regulations 84A and 84B substituted

Regulations 84A and 84B of the Principal Regulations are rescinded and the following regulations are substituted:

84A.   Use of devices to provide evidence of offences

(1)  A photographic detection device may be used in accordance with this regulation to provide evidence of –

(a) a red light offence; or

(b) a speeding offence.

(2)  For red light offences, a photographic detection device is to be operated so that when an instrument forming part of the device registers a vehicle in a marked lane entering an intersection contrary to a red traffic light or red traffic arrow –

(a) a series of photographs is taken of the vehicle; and

(b) the following information is recorded, not necessarily in a particular order, on each of those photographs:

(i) the serial number of the device;

(ii) the date and time when the photograph was taken;

(iii) the operator's code for the person who installed the device or was operating it when the photograph was taken;

(iv) the location code for the place where the photograph was taken;

(v) the code for the marked lane in which the vehicle was travelling when the photograph was taken;

(vi) the length of time that the red traffic light or red traffic arrow had been showing immediately before the photograph was taken.

(3)  For speeding offences, a photographic detection device is to be operated so that when an instrument forming part of the device registers a vehicle proceeding at a speed equal to or greater than a speed set on the device –

(a) a photograph is taken of the vehicle; and

(b) the following information is recorded, not necessarily in a particular order, on the photograph:

(i) the serial number of the device;

(ii) the photograph identification number;

(iii) the date and time when the photograph was taken;

(iv) the operator's code for the person who installed the device or was operating it when the photograph was taken;

(v) the location code for the place where the photograph was taken;

(vi) the speed-limit applying to the length of road on which the vehicle was proceeding when photographed;

(vii) the measured speed of the vehicle;

(viii) if the photographic detection device is also capable of detecting a red light offence, the code for the marked lane in which the vehicle was travelling when the photograph was taken.

(4)  A person who installs or operates a photographic detection device at any location must test the device to ensure  that it is operating correctly.

(5)  For the purposes of this regulation, a photographic detection device is taken to be operating correctly if it is capable of operating in accordance with –

(a) subregulation (2) for red light offences; or

(b) subregulation (3) for speeding offences.

(6)  A test under subregulation (4) is to be conducted –

(a) when the device is installed or, as the case may be, the device becomes operational at the location; and

(b) whenever a new film or disk is inserted in the device at the location.

(7)  A photograph taken by a photographic detection device is not admissible as evidence in any proceedings if  it appears, on testing the device under subregulation (4) or on developing film or an image from the device, that it was not operating correctly when the photograph was taken.

(8)  A photograph taken by a photographic detection device that measures the speed of vehicles by means of radar beam emissions is not admissible as evidence in proceedings for a speeding offence if –

(a) the photograph shows –

(i) more than one whole vehicle; or

(ii) the number-plates of more than one vehicle; and

(b) the vehicles shown appear from the photograph to have been travelling in the same direction.

(9)  For the purposes of this regulation, a vehicle with a trailer is taken to be a single vehicle.

84B.   Information to be contained on photographs

For the purposes of section 51A(2)(b) of the Act, the prescribed information is –

(a) for a red light offence, the information specified in regulation 84A(2)(b) ; and

(b) for a speeding offence, the information specified in regulation 84A(3)(b) .

9.   Regulation 84C amended (Inspection of photographs)

Regulation 84C of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulations:

(1)  In this regulation,

photograph includes a series of photographs.

(1A)  Where a red light offence or speeding offence has been detected by means of a photographic detection device, each of the following persons may inspect any or all of the photographs taken by the device in evidence of the offence:

(a) the person charged with the offence;

(b) the person who was the registered operator of the photographed vehicle at the time of the offence;

(c) a person who satisfies the Commissioner of Police or a commissioned police officer, by means of a statutory declaration, that he or she was driving the photographed vehicle at the time of the offence.

10.   Regulation 104A amended (Specified offences)

Regulation 104A of the Principal Regulations is amended by omitting paragraph (b) and substituting the following paragraph:

(b) a red light offence or speeding offence detected by means of a photographic detection device;

11.   Schedule 2 amended (Forms)

Schedule 2 to the Principal Regulations is amended by omitting Form 3B and substituting the following form:

Form 3B

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 21 November 2001

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Traffic (Miscellaneous) Regulations 1968 by making provision for photographic detection devices (known as red light cameras) to be used to detect the driving offence of entering an intersection contrary to a red traffic light or red traffic arrow.