Certain matters indicated by prescribed road safety cameras or prescribed processes are evidence
81 Certain matters indicated by prescribed road safety cameras or prescribed processes are evidence
S. 81(1) amended by No. 14/2007 s. 12(1).
If in proceedings for an offence to which section 66 applies the speed at which a motor vehicle or trailer travelled on any occasion is relevant, evidence of the speed of the motor vehicle or trailer as indicated or determined on that occasion by—
S. 81(1)(a) amended by No. 28/2009 s. 28(2).
a prescribed road safety camera when tested, sealed and used in the prescribed manner; or
S. 81(1)(b) amended by No. 28/2009 s. 28(2).
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 motor vehicle or trailer on that occasion.
S. 81(1A) inserted by No. 14/2007 s. 12(6).
For the purpose of any proceedings for an offence to which section 66 applies in which the speed at which a motor vehicle or trailer travelled on any occasion is relevant, if a trailer or a motor vehicle that is being towed is attached to a motor vehicle, the trailer or towed motor vehicle and the towing motor vehicle are to be taken to be travelling at the same speed.
Note
See section 84BAA.
S. 81(1B) inserted by No. 68/2017 s. 75, substituted by No. 7/2019 s. 33(2).
For the purposes of subsection (1), where 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 and a message stating the speed of that motor 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 motor vehicle on that occasion.
S. 81(2) amended by No. 14/2007 s. 12(1).
If in proceedings for an offence to which section 66 applies the speed limit at the time and place at which a motor vehicle or trailer 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.
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.
This Act’s bill:Second reading speech
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