Application of this Division to average speed detected offences
191 Application of this Division to 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 vehicle travelling between detection points—
a reference in any other provision of this Division to the time of the occurrence of an offence is taken to be a reference to the period during which the vehicle travelled between the detection points,
the actual offender for the purposes of this Division is taken to be each driver of the vehicle between the detection points,
any obligation under this Division of the responsible person for the vehicle to supply the nomination details 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 nomination details of each of the persons who were in charge of the vehicle between the detection points.
Note.
Division 3 of Part 5.3 allows the average speed of a 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 129(1)(b) (when read with section 129(2)) provides that if there is more than one driver of the vehicle between the detection points, each driver is taken to have driven the vehicle at the average speed of the vehicle except for any particular driver who can establish any exculpatory ground prescribed by the statutory rules.
This Act’s bill:Explanatory memorandumSecond reading speech
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