New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 47

47 Photographic evidence of speeding offences

(cf Traffic Act, s 4AC)

(1) In proceedings for an offence of driving at a speed in excess of a speed limit imposed by or under this Act or the regulations, evidence may be given of a measurement of speed obtained by the use of an approved speed measuring device and recorded by an approved camera recording device.

(2) In proceedings in which such evidence is given:

(a) the provisions of section 46 relating to the accuracy or reliability of the approved speed measuring device apply, and

(b) subsections (3)-(7) apply in relation to the approved camera recording device, and

(c) evidence that a photograph taken by an approved digital camera recording device bears a security indicator of a kind prescribed by the regulations is prima facie evidence that the photograph has not been altered since it was taken.

(3) A photograph tendered in evidence as a photograph taken by an approved camera recording device on a day and at a location specified on the photograph, and as bearing a security indicator of a kind prescribed by the regulations, is admissible and:

(a) is to be presumed to have been so taken unless evidence sufficient to raise doubt that it was so taken is adduced, and

(b) is to be presumed to bear such a security indicator unless evidence that is sufficient to raise doubt that it does so is adduced, and

(c) is prima facie evidence of the matters shown or recorded on the photograph.

(4) When the photograph taken by an approved camera recording device (other than an approved digital camera recording device) is tendered in evidence, a certificate purporting to be signed by a police officer and certifying the following particulars is also to be tendered in evidence and the certificate is admissible and is prima facie evidence of those particulars:

(a) that the officer is authorised by the Commissioner of Police to install and inspect approved camera recording devices,

(b) that within 168 hours before the time and day recorded on the photograph as the time at which and the day on which the photograph was taken, the officer carried out the inspection specified in the certificate on the approved camera recording device that took the photograph,

(c) that on that inspection the approved camera recording device was found to be operating correctly.

(5) When the photograph tendered in evidence is taken by an approved digital camera recording device, a certificate purporting to be signed by an authorised person and certifying the following particulars is also to be tendered in evidence and the certificate is admissible and is prima facie evidence of those particulars:

(a) that the person is an authorised person,

(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 digital camera recording device that took the photograph,

(c) that on that inspection the approved digital camera recording device was found to be operating correctly.

(6) If a certificate under subsection (4) or (5) is tendered in proceedings for an offence, evidence:

(a) of the accuracy or reliability of the camera recording device concerned, or

(b) as to whether or not the device operated correctly or operates correctly (generally or at a particular time or date or during a particular period),

is not required in those proceedings unless evidence sufficient to raise doubt that, at the time of the alleged offence, the device was accurate, reliable and operating correctly is adduced.

(7) In this section, "authorised person" means a person (or person belonging to a class of persons) authorised by the Authority to install and inspect approved digital camera recording devices.

Note: See also section 73A.