Vehicle and Traffic (Offence Detection Devices) Amendment Regulations 2016

Vehicle and Traffic (Offence Detection Devices) Amendment Regulations 2016

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 .

9 May 2016

C. WARNER

Governor

By His Excellency's Command,

M. T. (RENE) HIDDING

Minister for Infrastructure

1.   Short title

These regulations may be cited as the Vehicle and Traffic (Offence Detection Devices) Amendment Regulations 2016 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Vehicle and Traffic (Offence Detection Devices) Regulations 2012 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3(1) of the Principal Regulations is amended as follows:

(a) by omitting "Road Rules;" from the definition of red traffic light and substituting "Road Rules.";

(b) by omitting the definitions of tester and testing authority .

5.    Regulation 4 amended (Use and operation of photographic detection devices)

Regulation 4 of the Principal Regulations is amended as follows:

(a) by omitting subparagraph (vii) from subregulation (3)(b) and substituting the following subparagraph:

(vii) if the device is capable of detecting speeding offences in multiple marked lanes or is capable of detecting red light offences and speeding offences, the code for the marked lane in which the vehicle was travelling when the photograph was taken or the data was recorded.

(b) by omitting subregulation (4) .

6.    Regulation 8 amended (Testing requirement: devices used for detection of speeding offences)

Regulation 8(1) of the Principal Regulations is amended as follows:

(a) by omitting from paragraph (a) "by a tester";

(b) by omitting from paragraph (b) "by a tester".

7.    Regulation 8A inserted

After regulation 8 of the Principal Regulations , the following regulation is inserted:

8A.   Testing requirements for devices

A test of a device under these regulations, other than a test under regulation 7 , is to be performed by an employee of –

(a) a school, or department, of electrical engineering, communications engineering or electronics engineering at a registered higher education provider within the meaning of the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth; or

(b) an organisation accredited by the National Association of Testing Authorities, Australia, to conduct the calibration of speed measuring devices; or

(c) an organisation approved by the Commissioner of Police for the testing of speed measuring devices.

8.    Regulation 10 amended (Test certificates)

Regulation 10 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "purporting to be signed by a tester";

(b) by omitting subregulation (2) .

9.    Schedule 1 amended (Forms)

Schedule 1 to the Principal Regulations is amended by omitting Forms 1 , 2 and 3 and substituting:

Form 1 - TEST CERTIFICATE: LASER SPEED ANALYSER

Regulations 9 and 10

Form 2 - TEST CERTIFICATE: RADAR SPEED ANALYSER

Regulations 9 and 10

Form 3 - TEST CERTIFICATE: PHOTOGRAPHIC DETECTION DEVICE (SPEEDING OFFENCES)

Regulations 9 and 10

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

Notified in the Gazette on 18 May 2016

These regulations are administered in the Department of State Growth.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Vehicle and Traffic (Offence Detection Devices) Regulations 2012 by –

(a) clarifying who may test certain devices in accordance with those regulations; and

(b) removing a provision that prevented a photograph, taken by a photographic detection device, from being admissible as evidence in certain circumstances.