New South Wales Consolidated Acts

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

47B Photographic evidence for use in proceedings involving average speed

(1) In proceedings in which evidence of the average speed of a vehicle calculated in accordance with section 43A is relied on:

(a) photographs tendered in evidence as photographs taken by means of the operation, on a day or days specified on the photographs, of approved average speed detection devices installed at the locations specified on the photographs, and as each bearing a security indicator of a kind prescribed by the regulations, are admissible and are to be presumed:

(i) to have been so taken unless evidence sufficient to raise doubt that they were so taken is adduced, and

(ii) to bear such a security indicator unless evidence that is sufficient to raise doubt that they do so is adduced, and

(b) evidence that a photograph tendered in evidence taken by an approved average speed detection 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, and

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

(2) When photographs are tendered in evidence in such proceedings as being taken by approved average speed detection devices, a certificate purporting to be signed by an authorised person and certifying the following particulars is also to be tendered in evidence, and 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 earliest of the photographs as the time at which and the day on which that photograph was taken, the person carried out the inspection specified in the certificate on the approved average speed detection devices that took the photographs,

(c) that on that inspection the approved average speed detection devices were found to be operating correctly.

(3) If a certificate under subsection (2) is tendered in proceedings for an offence, evidence:

(a) of the accuracy or reliability of the approved average speed detection devices, or

(b) as to whether or not the devices operated properly or operate properly (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 devices were accurate, reliable and operating properly is adduced.

Note: See also section 73A.

(4) 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 average speed detection devices.