Certain matters related to portable devices indicated by prescribed road safety cameras are evidence
80B Certain matters related to portable devices indicated by prescribed road safety cameras are evidence
This section applies if, in a proceeding for an offence to which section 66 applies, the fact that the driver of a motor vehicle was, while the vehicle was moving or stationary but not parked, touching a portable device, or had a portable device resting on their body or on clothes being worn by them or on an item in their lap (the relevant fact), on any occasion (the relevant occasion) is relevant in the proceeding.
Evidence of the relevant fact as indicated or determined on the relevant occasion by—
a prescribed road safety camera when used in the prescribed manner; or
an image or message produced by a prescribed road safety camera or 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 relevant fact on the relevant occasion.
In this section—
park has the same meaning as in the Road Rules;
portable device has the same meaning as in the Road Rules;
touching has the same meaning as in the Road Rules.
S. 80C inserted by No. 18/2022 s. 3.
This provision refers to the regulations (prescribed manner
). Made under this Act:
- Road Safety (Automated Vehicles) Regulations 2018 · under section 95
- Road Safety (Drivers) Regulations 2019 · under section 95
- Road Safety (Driving Instructors) Regulations 2020 · under section 95
4 more instruments made under this Act are listed on the Act’s overview.
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