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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport Legislation
Amendment (Public Transport Lanes)
Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts and regulation 2
Schedule 1 Amendment of Road Transport (Safety and Traffic
Management) Act 1999 No 20 3
Schedule 2 Amendment of Road Transport (General) Act 1999 No 18 6
Schedule 3 Amendment of Criminal Procedure Act 1986 No 209 9
Schedule 4 Amendment of Road Transport (Safety and Traffic
Management) (Road Rules) Regulation 1999 10
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2003
New South Wales
Road Transport Legislation
Amendment (Public Transport Lanes)
Bill 2003
Act No , 2003
An Act to amend the Road Transport (Safety and Traffic Management) Act 1999
to allow the use of approved traffic lane camera devices to detect offences
involving vehicles driven in traffic lanes dedicated primarily for the use of
public transport; to amend the Road Transport (General) Act 1999 to introduce
operator onus enforcement of those offences; to make consequential
amendments to the Criminal Procedure Act 1986 and other legislation; and for
other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Road Transport Legislation Amendment (Public Transport Lanes) Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Road Transport Legislation Amendment (Public
Transport Lanes) Act 2003.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Acts and regulation
Each Act and regulation specified in Schedules 14 is amended as
set out in those Schedules.
Page 2
Road Transport Legislation Amendment (Public Transport Lanes) Bill 2003
Amendment of Road Transport (Safety and Traffic Management) Act 1999 Schedule 1
No 20
Schedule 1 Amendment of Road Transport (Safety and
Traffic Management) Act 1999 No 20
(Section 3)
[1] Part 4 Traffic control devices
Insert after Division 2:
Division 3 Monitoring of public transport lane offences
57A Approved traffic lane camera devices
In this Act:
approved traffic lane camera device means a device of a type
approved by the Governor by order published in the Gazette
as being designed to photograph a vehicle that is driven in a
traffic lane on a road or a road related area and to record on
any such photograph:
(a) the date on which the photograph is taken, and
(b) the time and location at which the photograph is taken,
and
(c) the direction and lane in which the vehicle activating
the camera is travelling, and
(d) the kind of traffic lane in which the vehicle activating
the camera is travelling, and
(e) such other information as may be prescribed by the
regulations.
57B Photographic evidence of public transport lane offences
(1) In this section:
authorised person means a person (or a person belonging to
a class of persons) authorised by the Authority to install and
inspect approved traffic lane camera devices.
public transport lane means a traffic lane on a road or road
related area that is dedicated by or under this Act (whether
continuously or at particular times) primarily for the use of
coaches regardless of whether certain other vehicles, such as
emergency vehicles, are also permitted to use the lane.
Page 3
Road Transport Legislation Amendment (Public Transport Lanes) Bill 2003
Schedule 1 Amendment of Road Transport (Safety and Traffic Management) Act 1999
No 20
public transport lane offence means:
(a) an offence against clause 96B (1) of the Road Transport
(Safety and Traffic Management) (Road Rules)
Regulation 1999, or
(b) an offence against rule 154 (1) of the Australian Road
Rules within the meaning of the Road Transport (Safety
and Traffic Management) (Road Rules) Regulation
1999, or
(c) any other offence of driving a vehicle in a public
transport lane in contravention of the regulations that is
prescribed by the regulations for the purposes of this
definition.
(2) In proceedings for a public transport lane offence:
(a) one or more photographs tendered in evidence as
photographs taken by means of the operation, on a
specified day, of an approved traffic lane camera device
or devices installed at a specified location or locations
is or are taken to have been so taken (unless evidence to
the contrary is adduced), and
(b) evidence that a photograph tendered in evidence taken
by an approved traffic lane camera device bears a
security indicator of a kind prescribed by the
regulations is evidence (unless evidence to the contrary
is adduced) that the photograph has not been altered
since it was taken, and
(c) any such photograph is evidence (unless evidence to the
contrary is adduced) of the matters shown or recorded
on the photograph, and
(d) evidence of the condition of an approved traffic lane
camera device is not required unless evidence that the
device was not in proper condition has been adduced.
(3) When a photograph tendered in evidence is taken by an
approved traffic lane camera device, a certificate purporting
to be signed by an authorised person and certifying the
following particulars is also to be tendered in evidence and is
evidence (unless evidence to the contrary is adduced) of those
particulars:
(a) that the person is an authorised person,
Page 4
Road Transport Legislation Amendment (Public Transport Lanes) Bill 2003
Amendment of Road Transport (Safety and Traffic Management) Act 1999 Schedule 1
No 20
(b) that within 30 days (or such other period as may be
prescribed by the regulations) before the time and day
recorded on the photograph as the time at which and the
day on which the photograph was taken, the person
carried out the inspection specified in the certificate on
the approved traffic lane camera device that took the
photograph,
(c) that on that inspection the approved traffic lane camera
device was found to be operating correctly.
(4) A single certificate may be tendered for the purposes of
subsection (3) if more than one photograph taken by an
approved traffic lane camera device is tendered in evidence,
but only if:
(a) each photograph is of the same vehicle, and
(b) each photograph is taken on the same day at
approximately the same time and at approximately the
same location.
[2] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Road Transport Legislation Amendment (Public Transport
Lanes) Act 2003, but only in relation to the amendments made
to this Act
[3] Dictionary
Insert in clause 1 in alphabetical order:
approved traffic lane camera device--see section 57A.
Page 5
Road Transport Legislation Amendment (Public Transport Lanes) Bill 2003
Schedule 2 Amendment of Road Transport (General) Act 1999 No 18
Schedule 2 Amendment of Road Transport (General)
Act 1999 No 18
(Section 3)
[1] Section 43 Liability of responsible person for vehicle for
designated offences
Omit section 43 (1) (a) and (b). Insert instead:
(a) in any case where the offence is dealt with under
Division 1--the person satisfies the authorised officer
under section 15 that:
(i) the vehicle was at the relevant time a stolen
vehicle or a vehicle illegally taken or used, or
(ii) the actual offender would have a defence to any
prosecution for the designated offence brought
against the offender, or
(b) in any other case--the person satisfies the court hearing
the proceedings for the offence that:
(i) the vehicle was at the relevant time a stolen
vehicle or a vehicle illegally taken or used, or
(ii) the actual offender would have a defence to any
prosecution for the designated offence brought
against the offender.
[2] Section 43 (4) and (7), headings
Omit "camera-detected traffic light offence or camera-recorded
speeding offence" wherever occurring.
Insert instead "camera recorded offence".
[3] Section 43 (4) (a), (5) (b), (7) and (8) (b)
Omit "camera-detected traffic light offence or camera-recorded speeding
offence" wherever occurring.
Insert instead "camera recorded offence".
[4] Section 43 (11)
Omit the definitions of camera-detected traffic light offence and camera-
recorded speeding offence.
Page 6
Road Transport Legislation Amendment (Public Transport Lanes) Bill 2003
Amendment of Road Transport (General) Act 1999 No 18 Schedule 2
[5] Section 43 (11)
Insert in alphabetical order:
camera recorded offence means:
(a) a public transport lane offence as defined in section 57B
of the Road Transport (Safety and Traffic
Management) Act 1999 in respect of which the penalty
notice or the summons indicates that the offence was
detected by an approved traffic lane camera device
(within the meaning of that Act), or
(b) a traffic light offence as defined in section 57 of the
Road Transport (Safety and Traffic Management) Act
1999 in respect of which the penalty notice or the
summons indicates that the offence was detected by an
approved camera detection device (within the meaning
of that Act), or
(c) a speeding offence in respect of which the penalty
notice or the summons indicates that the offence was
detected by an approved speed measuring device and
recorded by an approved camera recording device
(within the meaning of the Road Transport (Safety and
Traffic Management) Act 1999).
[6] Section 43 (11), definition of "designated offence"
Omit the definition. Insert instead:
designated offence means:
(a) a camera recorded offence, or
(b) a parking offence.
[7] Section 47 Proceedings for offences
Omit section 47 (3). insert instead:
(3) In this section:
operator onus offence means a designated offence within the
meaning of section 43.
Page 7
Road Transport Legislation Amendment (Public Transport Lanes) Bill 2003
Schedule 2 Amendment of Road Transport (General) Act 1999 No 18
[8] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Road Transport Legislation Amendment (Public Transport
Lanes) Act 2003, but only in relation to the amendments made
to this Act
Page 8
Road Transport Legislation Amendment (Public Transport Lanes) Bill 2003
Amendment of Criminal Procedure Act 1986 No 209 Schedule 3
Schedule 3 Amendment of Criminal Procedure Act
1986 No 209
(Section 3)
[1] Section 283 Law enforcement devices
Omit "or 57" from section 283 (1) (a). Insert instead ", 57 or 57B".
[2] Section 283 (3) (a)
Insert "approved traffic lane camera device," after "reliability of any".
[3] Section 283 (3) (b)
Insert "approved traffic lane camera device," after "in which any".
[4] Section 283 (4)
Omit "or 57". Insert instead ", 57 or 57B".
[5] Section 283 (5)
Insert ", approved traffic lane camera device," after "approved speed
measuring device".
[6] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Road Transport Legislation Amendment (Public Transport
Lanes) Act 2003, but only in relation to the amendments made
to this Act
Page 9
Road Transport Legislation Amendment (Public Transport Lanes) Bill 2003
Schedule 4 Amendment of Road Transport (Safety and Traffic Management) (Road
Rules) Regulation 1999
Schedule 4 Amendment of Road Transport (Safety and
Traffic Management) (Road Rules)
Regulation 1999
(Section 3)
Clause 156B
Insert after clause 156A:
156B Security indicators: section 57B (2) (b) of Act
For the purposes of section 57B (2) (b) of the Act, an identifier
consisting of a series of 48 characters that is an individual
combination of letters, numbers and symbols that has been
produced by an MD5 algorithm is prescribed as a security
indicator.
Page 10
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