Vehicle and Traffic (Offence Detection Devices) Regulations 2002

Vehicle and Traffic (Offence Detection Devices) Regulations 2002

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 Vehicle and Traffic Act 1999 .

7 October 2002

G. S. M. GREEN

Governor

By His Excellency's Command,

J. G. COX

Minister for Infrastructure

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Vehicle and Traffic (Offence Detection Devices) Regulations 2002 .

2.   Commencement

These regulations take effect on the day on which the Traffic Offence Detection Devices (New Arrangements) Act 2002 commences.

3.   Interpretation

(1)  In these regulations, unless the contrary intention appears –

Act means Vehicle and Traffic Act 1999 ;

amphometer means a device that –

(a) measures the speed of a moving vehicle by means of 2 detector tubes attached to the device that are placed parallel to each other, a certain distance apart, across the surface of the road; and

(b) displays the measured speed numerically on a dial, or other instrument, on that device;

detect includes provide evidence of;

device means –

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

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

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

laser speed analyser means a device that –

(a) measures the speed of a moving vehicle by means of a laser; and

(b) displays the measured speed numerically on a dial on that device;

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

operate includes install;

radar speed analyser means a device that –

(a) measures the speed of a moving vehicle by means of radar; and

(b) displays the measured speed numerically on a dial on that device;

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;

road includes a length of road;

tester means –

(a) the person in charge of a testing authority; or

(b) a person who –

(i) is employed by a testing authority; and

(ii) is a member of the Institution of Engineers, Australia; and

(iii) has had at least 5 years' experience in the field of electronics;

testing authority means –

(a) the School of Engineering of the University of Tasmania; or

(b) the equivalent department or school of a university in a Territory or another State; or

(c) the Commonwealth Scientific and Industrial Research Organisation;

TST means Tasmanian Summer Time as defined by the Daylight Saving Act 1968 .

(2)  In these regulations, a reference to a form by number is a reference to the form so numbered in Schedule 1 .

PART 2 - Offence detection devices: Use and operation

Division 1 - Photographic detection devices

4.   Use and operation of photographic detection devices

(1)  Photographic detection devices may be used in accordance with this regulation to detect –

(a) red light offences; or

(b) speeding offences; or

(c) offences involving the driving or use, at a particular time, of a vehicle on a public street or other road.

(2)  If a photographic detection device is used to detect red light offences, it must be so operated 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)  If a photographic detection device is used to detect speeding offences, it must be so operated 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 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 numberplates of more than one vehicle; and

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

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

5.   Information to be shown on photographs

For the purposes of section 56E(2)(b) of the Act, the prescribed information is –

(a) in the case of a red light offence, the information specified in regulation 4(2)(b) ; or

(b) in the case of a speeding offence, the information specified in regulation 4(3)(b) ; or

(c) in any other case, the information specified in either regulation 4(2)(b) or regulation 4(3)(b) .

6.   Inspection of photographs

(1)  If a red light offence or speeding offence is detected by means of a photographic detection device, each of the following persons may inspect the photograph or, if applicable, series of 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 a senior police officer, by means of a statutory declaration, that he or she was driving the photographed vehicle at the time of the offence.

(2)  A person mentioned in subregulation (1) may purchase a copy of the photograph or, if applicable, series of photographs on payment of a fee of 10 fee units.

(3)  For the purposes of this regulation –

(a) a photograph or series of photographs may be inspected or purchased at Police Headquarters in Hobart, Launceston or Burnie between 9 a.m. and 4:30 p.m. on any day that is not a Saturday, a Sunday, a bank holiday or a public holiday in the relevant part of the State; and

(b) an application made by post to purchase a copy of a photograph or series of photographs is to be addressed to the Officer-in-Charge, Traffic Liaison Services, Tasmania Police, Hobart.

Division 2 - Other detection devices

7.   Use and operation of amphometers

(1)  Amphometers may be used in accordance with this regulation to detect speeding offences.

(2)  If an amphometer is used to detect speeding offences, the person operating the amphometer must –

(a) place the 2 detector tubes attached to the amphometer across the public street or other road, or the part of the public street or other road, on which the amphometer is being operated; and

(b) ensure that those detector tubes are placed approximately parallel to each other at a distance of 25 metres, plus or minus 75 millimetres or less, as measured by a measuring tape.

(3)  A measuring tape must not be used for the purposes of subregulation (2) unless it has been certified as accurate to within one part in 1 000 parts by the Surveyor-General or a person authorised by the Surveyor-General.

(4)  In any proceedings –

(a) the production of a certificate purporting to be signed by the Surveyor-General or a person authorised by the Surveyor-General and certifying that a measuring tape referred to in the certificate is accurate to the degree specified in subregulation (3) is evidence of the matter so certified; and

(b) the production of a certificate purporting to be signed by the Surveyor-General and certifying that a person named in the certificate is, or was at a particular time or during a particular period specified in the certificate, a person authorised by the Surveyor-General for the purposes of this regulation is evidence of the matter so certified.

(5)  The provisions of section 28 of the Acts Interpretation Act 1931 do not apply to the measurement of distance for the purposes of these regulations.

8.   Use of radar and laser speed analysers

Radar speed analysers or laser speed analysers may be used to detect speeding offences.

PART 3 - Offence detection devices: Testing

9.   Testing requirement: photographic detection devices

(1)  A person who installs a photographic detection device at any location must, as soon as practicable after completing the installation, test the device to ensure that it is operating correctly.

(2)  A person who operates a photographic detection device at any location must, as soon as practicable after the device becomes operational and whenever a new film or disk is inserted in the device at that location, test the device to ensure that it is operating correctly.

(3)  A photographic detection device is taken to be operating correctly for the purposes of this regulation if it is capable of being operated in accordance with –

(a) regulation 4(2) for red light offences; or

(b) regulation 4(3) for speeding offences; or

(c) if a photograph taken by the device is to be used as evidence of the driving or use of a vehicle on a public street or other road at a particular time, regulation 4(2) or (3) .

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

10.   Testing requirement: devices used for detection of speeding offences

(1)  A device must not be used for the purpose of detecting a speeding offence unless –

(a) it has been tested for accuracy by a tester within the 12 months immediately preceding the date of operation; and

(b) if it has been repaired, altered or adjusted since it was last used for that purpose, it has been retested by a tester.

(2)  For subregulation (1)(b) , a device is not to be taken as having been repaired, altered or adjusted by reason only of the following:

(a) the adjustment of the needle, if any, of the device in the normal course of operation;

(b) the removal of a battery from the device, and its replacement with the same or another battery;

(c) the connection of the device, if battery-powered, to another battery;

(d) in the case of a photographic detection device –

(i) the removal from or insertion into the device of film or a disk; or

(ii) the operation of the device in accordance with the normal requirements specified by its manufacturer; or

(iii) the adjustment of the date or time on the device, or an instrument which forms part of the device, to take into account the beginning or end of TST.

11.   Proof of testing

In any proceedings for an offence –

(a) it is not necessary to prove the testing of a device other than the testing last preceding the date on which the offence is alleged to have been committed; and

(b) evidence that a device operated for the purposes of these regulations bears a number corresponding to the number of a device referred to in a certificate in accordance with Form 1, 2, 3 or 4 is evidence and, in the absence of evidence to the contrary, proof that the first-mentioned device is identical with the one referred to in the certificate.

12.   Test certificates

(1)  In any proceedings, a certificate in accordance with Form 1, 2, 3 or 4 purporting to be signed by a tester is evidence and, in the absence of evidence to the contrary, proof of the matters set out in the certificate.

(2)  Any alteration or adjustment made to a device does not, if the alteration or adjustment is of a kind referred to in regulation 10(2) , affect the validity of a certificate under subregulation (1) .

(3)  A tester is taken to be a person having the prescribed qualifications under section 56E(2)(a) of the Act.

SCHEDULE 1 - Forms

Form 1 - TEST CERTIFICATE: AMPHOMETER

Regulations 11 and 12

Form 2 - TEST CERTIFICATE: LASER SPEED ANALYSER

Regulations 11 and 12

Form 3 - TEST CERTIFICATE: RADAR SPEED ANALYSER

Regulations 11 and 12

Form 4 - TEST CERTIFICATE: PHOTOGRAPHIC DETECTION DEVICE (SPEEDING OFFENCES)

Regulations 11 and 12

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

Notified in the Gazette on 16 October 2002

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

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations make provision for the use of photographic and other devices in the detection of traffic offences consequent on the enactment of the Traffic Offence Detection Devices (New Arrangements) Act 2002 under which provision for the operation of traffic offence detection devices was effectively transferred from the Traffic Act 1925 to the Vehicle and Traffic Act 1999 . The regulations replace equivalent regulations previously in force under the Traffic Act 1925 .