Evidence of average speed as actual speed
117B Evidence of average speed as actual speed
In this section and in sections 117C to 117I —
authorised person means —
a police officer; or
a person certified by the Commissioner of Police as being competent to install, set up, test or obtain data produced by, an average speed detection system or produce images from the data;
average speed detection system means a system, comprising electronic equipment linked to an information technology system and computer programs, of a type approved by the Minister under section 117C;
carriageway means a portion of a road that is designed or ordinarily used for vehicular traffic;
detection points means the different points on a carriageway by reference to which the average speed of a vehicle is proposed to be calculated;
Minister means the Minister to whom the administration of the Police Act 1892 is committed;
shortest practicable distance, that could be travelled by a vehicle on a carriageway between detection points, means the shortest distance between those points that a driver of the vehicle could have used to travel between the points without contravening any road law applicable to the driver.
In a prosecution for an offence under any written law evidence may be given of —
the use of an average speed detection system in respect of a particular location; and
the identity of a vehicle as ascertained by that system at a particular time; and
the average speed of a vehicle between detection points calculated in accordance with section 117D.
The evidence referred to in subsection (2)(b) is prima facie evidence of the identity of the vehicle.
The average speed of a vehicle referred to in subsection (2)(c) is prima facie evidence of the actual speed of the vehicle between the detection points.
In a prosecution mentioned in subsection (2), evidence of the matters referred to in that subsection may be given in the form of an image of the vehicle on which is recorded —
the location referred to in subsection (2)(a); and
the time referred to in subsection (2)(b); and
the average speed of the vehicle between detection points calculated in accordance with section 117D (which may have been calculated using an average speed detection system).
In a prosecution mentioned in subsection (2), evidence by an authorised person that a system used in respect of a particular location was an average speed detection system is prima facie evidence of that fact.
In a prosecution mentioned in subsection (2), a certificate purporting to be signed by the Commissioner of Police certifying that a specified person is, or was at the material time, an authorised person is prima facie evidence of the matters in the certificate, without proof of the signature of the person purporting to have signed it or proof that the purported signatory was the Commissioner.
This section is in addition to, and does not derogate from, any other mode of proof of the speed of a vehicle.
[Section 117B inserted: No. 25 of 2016 s. 67; amended: No. 15 of 2024 s. 32.]
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