Certain matters indicated by prescribed road safety cameras are evidence
36 Certain matters indicated by prescribed road safety cameras are evidence
S. 36(1) amended by No. 49/2019 s. 150(1).
If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, the speed at which a heavy vehicle travelled on any occasion is relevant, evidence of the speed of the heavy vehicle as indicated or determined on that occasion by—
a prescribed road safety camera when tested, sealed and used in the prescribed manner; or
an image or message produced by a prescribed road safety camera when tested, sealed and used in the prescribed manner; or
an image or message produced by a prescribed process when used in the prescribed manner—
is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed of the heavy vehicle on that occasion.
S. 36(2) amended by No. 49/2019 s. 150(2).
For the purpose of a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, in which the speed at which a heavy vehicle travelled on any occasion is relevant, if a heavy vehicle that is being towed is attached to another heavy vehicle, the heavy vehicle or towed heavy vehicle and the towing heavy vehicle are to be taken to be travelling at the same speed.
S. 36(2A) inserted by No. 49/2019 s. 150(3).
For the purposes of subsection (1), if an image produced by a prescribed process when used in the prescribed manner depicts one or more motor vehicles, a marker on a particular motor vehicle that is a heavy vehicle and a message stating the speed of that heavy vehicle is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed of that heavy vehicle on that occasion.
S. 36(3) amended by Nos 49/2019 s. 150(4), 13/2024 s. 3(Sch. 1 item 7).
If, in a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or national regulations, the speed limit at the time and place at which a heavy vehicle travelled on any occasion is relevant, evidence of the speed limit at that time and place as indicated or determined on that occasion by an image or message produced by a prescribed process when used in the prescribed manner is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed limit on that occasion.
In this section—
prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 81 of that Act.
S. 36A inserted by No. 45/2015 s. 4.
This provision refers to the regulations (prescribed manner
). Made under this Act:
- Heavy Vehicle National Law Application (Infringements) Regulations 2023 · under section 54
This Act’s bill:Explanatory memorandumSecond reading speech
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