Vehicle and Traffic (Offence Detection Devices) Amendment Regulations (No. 2) 2004
I, the Lieutenant-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 .
26 July 2004W. J. E. COX
Lieutenant-Governor
By His Excellency's Command,
BRYAN GREEN
Minister for Infrastructure, Energy and Resources
These regulations may be cited as the Vehicle and Traffic (Offence Detection Devices) Amendment Regulations (No. 2) 2004 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Vehicle and Traffic (Offence Detection Devices) Regulations 2002 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is amended as follows:(a) by omitting the definition of detect from subregulation (1) ;(b) by omitting the definition of road from subregulation (1) ;(c) by inserting the following subregulation after subregulation (1) :(1A) Expressions that are defined in section 56E of the Act and used in these regulations have, unless the contrary intention appears, the same meaning in these regulations as they have in that section.
5. Regulation 4 amended (Use and operation of photographic detection devices)
Regulation 4 of the Principal Regulations is amended by omitting subregulations (2) and (3) and substituting the following subregulations:(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) the device takes a set of photographs, or records data from which a set of photographs is capable of being derived; and(b) each photograph in the set of photographs so taken or derived shows the following information:(i) the serial number of the device;(ii) the date and time when the photograph was taken or the data was recorded;(iii) the operator's code for the person who installed the device or was operating it when the photograph was taken or the data was recorded;(iv) the location code for the place where the photograph was taken or the data was recorded;(v) the code for the marked lane in which the vehicle was travelling when the photograph was taken or the data was recorded.(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 travelling at a speed equal to or greater than a speed set on the device, it –(a) takes a photograph of the vehicle or records data from which a photograph of the vehicle is capable of being derived; and(b) the photograph so taken or derived shows the following information:(i) the serial number of the device;(ii) the date and time when the photograph was taken or the data was recorded;(iii) the operator's code for the person who installed the device or was operating it when the photograph was taken or the data was recorded;(iv) the location code for the place where the photograph was taken or the data was recorded;(v) the speed-limit applying to the length of road on which the vehicle was travelling when the photograph was taken or the data was recorded;(vi) the speed of the vehicle, as measured by the device, when the photograph was taken or the data was recorded;(vii) if the device is also capable of detecting red light offences, the code for the marked lane in which the vehicle was travelling when the photograph was taken or the data was recorded.
6. Regulation 5 rescinded
Regulation 5 of the Principal Regulations is rescinded.
7. Regulation 6 amended (Inspection of photographs)
Regulation 6 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "photograph or, if applicable, series of photographs taken by the device in evidence of the offence" and substituting "photograph taken, or derived from data recorded, by the device in evidence of the offence";(b) by omitting from subregulation (2) "or, if applicable, series of photographs";(c) by omitting from subregulation (3)(a) "or series of photographs";(d) by omitting from subregulation (3)(b) "or series of photographs".
8. Regulation 9 amended (Testing requirement: photographic detection devices)
Regulation 9 of the Principal Regulations is amended as follows:(a) by omitting paragraph (c) from subregulation (3) and substituting the following paragraph:(c) regulation 4(2) or (3) if a photograph taken, or derived from data recorded, 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.(b) by omitting subregulation (4) .
9. Regulation 12 amended (Test certificates)
Regulation 12 of the Principal Regulations is amended as follows:(a) by omitting subregulation (2) ;(b) by omitting from subregulation (3) "section 56E(2)(a)" and substituting " section 56E(2)(d) ".
10. Schedule 1 amended (Forms)
Schedule 1 to the Principal Regulations is amended by omitting Form 4 and substituting: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 4 August 2004
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 Vehicle and Traffic (Offence Detection Devices) Regulations 2002 to ensure that they are consistent with recently amended provisions of the Vehicle and Traffic Act 1999 relating to the admission, in offence proceedings, of evidence derived from offence detection devices.