Road Traffic (Administration) Act 2008

If, in a prosecution mentioned in section 117B(2), evidence is given in the form of an image as described in section 117B(5) and the image is accompanied by a certificate under subsection (2), the image —

is to be accepted as having been recorded as described in section 117B(5), unless there is evidence to the contrary; and

is prima facie evidence of the matters shown in or recorded on the image.

For the purposes of subsection (1), the certificate is a certificate purporting to be signed by the Commissioner of Police certifying that —

the system, specified in the certificate, was an average speed detection system; and

components of the system were tested by an authorised person, named in the certificate, in accordance with the approved procedure on a day, specified in the certificate, that was within the prescribed number of days (for each component) before the day on which the alleged offence was committed; and

on the specified day referred to in paragraph (b) and on the day on which the alleged offence was committed, the components were operating properly and were accurate; and

data obtained from the system was obtained by an authorised person, named in the certificate, in accordance with the approved procedure; and

the image was produced by an authorised person, named in the certificate, in accordance with the approved procedure, from data obtained from the system.

In subsection (2) —

A certificate under subsection (2) may also certify any one or more of the following matters —

the average speed calculated in accordance with section 117D at which the vehicle travelled between detection points (which may have been calculated using the average speed detection system);

if one speed limit applied to a driver of the vehicle between detection points (measured along the shortest practicable distance), the speed limit;

if more than one speed limit applied to a driver of the vehicle between detection points (measured along the shortest practicable distance) —

each distance for which each speed limit applied to the driver, expressed in kilometres and rounded down to 2 decimal places; and

the average speed limit calculated in accordance with section 117E that applied to the driver between the detection points (which may have been calculated using the average speed detection system).

The certificate is prima facie evidence of the matters in it.

In a prosecution mentioned in section 117B(2), it is to be presumed, in the absence of evidence to the contrary, that a certificate under subsection (2) purporting to have been signed by the Commissioner of Police was so signed, without proof of the signature of the person purporting to have signed it or proof that the purported signatory was the Commissioner.