New South Wales Consolidated Acts

ROADS ACT 1993 - SECT 248

248 Evidentiary certificates

(1) A certificate that is issued on behalf of a roads authority by a person prescribed by the regulations, or by a person belonging to a class of persons so prescribed, being a certificate that states that on a date or during a period specified in the certificate:

(a) a specified road was or was not of a specified classification, or

(b) the boundaries or levels of a specified road were as specified in the certificate, or

(c) a specified person was or was not an authorised officer for that authority for the purposes of this Act and the regulations or for the purposes of a specified provision of this Act or the regulations, or

(d) a specified toll or charge was in force with respect to a specified tollway, bridge, tunnel or road-ferry, or

(e) a specified part of a footway was or was not the subject of a specified approval for a footway restaurant, or

(f) a specified gate was or was not the subject of a public gate permit, or

(g) a specified work or structure was or was not the subject of a consent given, extended or transferred by the roads authority, or

(g1) a specified structure in, on or over a specified road was or was not the subject of a specified consent referred to in section 139A, or

(h) a specified activity was or was not the subject of a road event permit with respect to a specified public road, or

(i) a specified notice was or was not erected in a specified location, or

(j) a specified vehicle was or was not the subject of a specified excess weight permit, or

(k) a specified vehicle was measured as having had a specified laden or unladen weight or as having had a load of a specified weight, or

(l) a specified part of a vehicle or a specified part of a vehicle’s load was measured as having had a specified weight,

is admissible in any legal proceedings and is evidence of the fact or facts so stated.

(2) A certificate that is issued on behalf of a roads authority by a person prescribed by the regulations, or by a person belonging to a class of persons so prescribed, being a certificate that states that:

(a) a specified amount represents the costs incurred by the roads authority in carrying out specified work or in taking any specified action, or

(b) a specified amount represents the costs incurred by the roads authority in relation to the exercise by an authorised officer of a function under Division 2,

is admissible in any legal proceedings and is evidence of the fact or facts so stated.

(3) A certificate that is issued by an inspector within the meaning of the Trade Measurement Administration Act 1989 , or by the holder of a servicing licence within the meaning of the Trade Measurement Act 1989 , being a certificate that states that on a date specified in the certificate a specified weighing device was tested and was found to measure accurately (or accurately within specified tolerances), is admissible in any legal proceedings and is evidence of the fact that the device measured accurately (or accurately within those tolerances) at all times within the period of 12 months after that date.

(4) A copy of any record, map or plan kept by the RTA, by a roads authority or by any other public authority for the purposes of this Act, being a copy that is certified by a person prescribed by the regulations, or by a person belonging to a class of persons so prescribed, as being a true copy of the record, map or plan, is admissible in any legal proceedings and is evidence of the matter or matters contained in the record, map or plan.