New South Wales Bills Explanatory Notes

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TRAFFIC AMENDMENT (VARIABLE SPEED LIMITS) BILL 1998

[Act 1998 N o 27]
New South Wales
Traffic Amendment (Variable Speed

Limits) Bill 1998

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The objects of this Bill are:

(a) to enable variable speed limit signs, activated by a computer-based
intelligent control system, to determine the speed limits that are to
apply at different times on certain major roads, such as motorways and
freeways, in order to promote road safety and facilitate traffic flow, and
(b) to enable prima facie evidence to be given by certificate as to the
location of variable speed limit signs, the speed limits displayed by
them and the times at which those speed limits were displayed, and
(c) to enable speed cameras to be inspected every 84 hours rather than
every day.


Traffic Amendment (Variable Speed Limits) Bill 1998 [Act 1998 No 27]
Explanatory note

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.

Clause 3 is a formal provision giving effect to the amendments to the Traffic
Act 1909 set out in Schedule 1.

Clause 4 provides for all references to "public street" in a provision of the
Traffic Act 1909 that is amended by the proposed Act to become references to
"road or road related area". This reflects amendments made to the Traffic Act
1909 by the Traffic Legislation Amendment Act 1997, as yet uncommenced.

Schedule 1

Amendments

Schedule 1 [1] inserts a definition of variable speed limit sign into the
Traffic Act 1909.

Schedule 1 [2] authorises the determination of the speed limit for a particular
length of public street at a particular time by means of a variable speed limit
sign.

Schedule 1 [3] enables approved camera recording devices that take
photographs of speeding vehicles to be inspected within 84 hours before the
time and day recorded on the photograph as the time at which and the day on
which the speeding offence was alleged to have been committed rather than
on the day of the alleged offence.

Schedule 1 [4] enables, in relation to an offence of exceeding a speed limit
displayed by means of a variable speed limit sign, prima facie evidence to be
given by certificate of:

(a) the location of the variable speed limit sign and the length of public
street to which the speed limit applies, and
(b) the speed limit displayed on the variable speed limit sign, and
(c) the day on which and the time of the day at which the speed limit was
so displayed.

Schedule 1 [5] contains a savings provision.

Explanatory note page 2


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