Average speed evidence
175A Average speed evidence
This section applies to proceedings for a prescribed road law speeding offence.
Evidence of the average speed of a vehicle between 2 average speed camera locations is, in accordance with this section, evidence of the actual speed of the vehicle.
The
Minister may, by notice in the Gazette, specify—
2 average speed camera locations; and
the fastest practicable route between those 2 locations; and
the shortest distance that a vehicle could travel along that route between the 2 locations, and the Minister may, by subsequent notice in the Gazette, vary or revoke a notice given under this subsection.
For the purposes of proceedings to which this section applies—
where a fastest practicable route between 2 average speed camera locations and a shortest distance along that route are specified by notice under subsection (3), the route and distance specified in the notice will be conclusively presumed to be the fastest practicable route, and the shortest distance along that route, between the 2 locations; and
where a vehicle appears from average speed camera evidence to have travelled between 2 such average speed camera locations—
the vehicle will be conclusively presumed to have been driven between the
2 locations by that shortest distance along that fastest practicable route (regardless of the actual route taken); and
the average speed of the vehicle between the 2 locations, calculated by reference to—
that shortest distance along that fastest practicable route; and
the time taken for the vehicle to travel between the locations, expressed as a speed in kilometres per hour rounded down to the nearest whole number, will, subject to this section, be conclusively presumed to be the actual speed of the vehicle along the whole of the specified route between the 2 locations; and
subject to this section, each driver of the vehicle between the 2 locations will be conclusively presumed to have driven the vehicle at that actual speed.
Where there is evidence of the average speed of a vehicle between 2 average speed camera locations, proceedings for a prescribed road law speeding offence may, if there was more than 1 driver of the vehicle between the 2 locations, be brought against 1 driver or against some or all of the drivers jointly as co‑defendants and the defendant, or each of the defendants, is liable to be convicted or found guilty of the offence.
If, in proceedings to which this section applies where there is evidence of the average speed of a vehicle between 2 average speed camera locations, the defendant satisfies the court that—
more than 1 person drove the vehicle between the 2 locations;
and
the defendant has previously furnished to the Commissioner of Police, in accordance with the regulations, a statutory declaration stating either—
the name and address of each person other than the defendant who drove the vehicle between the 2 locations; or
the name and address of each such driver whose name and address is known to the defendant and, in relation to every other driver of the vehicle between the 2 locations, the reasons why the identity of the driver is not known to the defendant and the inquiries (if any) made to identify the driver; and
in a case where the defendant has furnished a statutory declaration referred to in paragraph (b)(ii)—the defendant does not know and could not by the exercise of reasonable diligence have ascertained the identity of any driver whose name and address is not so stated; and
that defendant did not, at any time whilst driving the vehicle between the
2 locations, drive at a speed that exceeded the speed limit applicable to the defendant, the court may determine that subsection (4)(b)(ii) and (iii) do not apply in relation to the proceedings against that defendant.
Evidence referred to in subsection (6)(c) and (d) must be given orally on oath.
A person—
may not be convicted or found guilty of a prescribed road law speeding offence on the basis of evidence of the average speed of the vehicle between 2 average speed camera locations calculated in accordance with this section if—
the person has been convicted or found guilty of such an offence on the basis of evidence of the actual speed of the vehicle at a particular point on its journey between the 2 locations; or
the person has expiated such an offence and the allegation relating to the offence was based on such evidence of actual speed; and
may not be convicted or found guilty of a prescribed road law speeding offence on the basis of evidence of the actual speed of the vehicle at a particular point on its journey between 2 average speed camera locations if—
the person has been convicted or found guilty of such an offence on the basis of evidence of the average speed of the vehicle between the
2 locations calculated in accordance with this section; or
the person has expiated such an offence and the allegation relating to the offence was based on such evidence of average speed.
The
Governor may, by regulation—
make provision for or in relation to the identification of an average speed camera location in a notice under subsection (3) or on a road or otherwise; and
regulate the manner in which distances between 2 average speed camera locations may be determined; and
regulate the manner in which the time taken for a vehicle to travel between
2 average speed camera locations may be determined (and may, for
example, identify the point at which a vehicle will be taken to have commenced or ended a journey between 2 such locations for that purpose).
In this section—
average speed camera means a photographic detection device of a kind prescribed by regulation as an average speed camera and average speed camera evidence means evidence obtained through the operation of such a device;
average speed camera location means a location, specified in a notice under subsection (3), at which vehicles may be photographed by an average speed camera in accordance with any requirements prescribed by regulation;
fastest practicable route means a route by road specified in a notice under subsection (3) as the fastest practicable route that runs between 2 average speed camera locations specified in the notice;
prescribed road law speeding offence means a road law offence defined by the regulations as a road law speeding offence;
shortest distance, between 2 average speed camera locations, means the distance specified in a notice under subsection (3) as the shortest distance that a vehicle could travel along the route specified in the notice as the fastest practicable route between the
2 locations.
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