New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 57

57 Photographic evidence of traffic light offences

(cf Traffic Act, s 4DA)

(1) In this section:
"traffic light offence" means an offence under the regulations of contravening a traffic light signal displaying a red circle or a red arrow.

(2) In proceedings for a traffic light offence:

(a) a photograph tendered in evidence as a photograph taken by means of the operation, on a day specified on the photograph, of an approved camera detection device installed at a location specified on the photograph is admissible and is to be presumed to have been so taken unless evidence sufficient to raise doubt that it was so taken is adduced, and

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

(3) If a photograph referred to in subsection (2) is tendered in evidence in proceedings for a traffic light offence, a certificate purporting to be signed by a person certifying that:

(a) the person is authorised by the Authority to install and inspect approved camera detection devices, and

(b) on a day and at a time specified in the certificate (being within the period prescribed by the regulations, whether for a specified kind of device or generally, before the time recorded on the photograph as the time at which the photograph was taken), the person carried out the inspection specified in the certificate on the approved camera detection device by means of which the photograph was taken, and

(c) on that inspection, the approved camera detection device was found to be properly operating,

is to be tendered in evidence in those proceedings, is admissible and is prima facie evidence of the particulars certified in and by the certificate.

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

(a) of the accuracy or reliability of the approved camera detection device, or

(b) as to whether or not the device operated properly or operates 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 device was accurate, reliable and operating properly is adduced.

Note: See also section 73A.