New South Wales Consolidated Acts

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

57B Photographic evidence of public transport lane offences

(1) 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 traffic lane camera devices.
"public transport lane" means a traffic lane on a road or road related area that is dedicated by or under this Act (whether continuously or at particular times) primarily for the use of coaches regardless of whether certain other vehicles, such as emergency vehicles, are also permitted to use the lane.
"public transport lane offence" means:

(a) an offence against clause 96B (1) of the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 , or

(b) an offence against rule 154 (1) of the Australian Road Rules within the meaning of the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 , or

(c) any other offence of driving a vehicle in a public transport lane in contravention of the regulations or rules that is prescribed by the regulations or rules for the purposes of this definition.

(2) In proceedings for a public transport lane offence:

(a) one or more photographs tendered in evidence as photographs taken by means of the operation, on a day specified on the photographs, of an approved traffic lane camera device or devices installed at a location or 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 traffic lane camera 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.

(3) When a photograph tendered in evidence is taken by an approved traffic lane camera device, a certificate purporting to be signed by an authorised person and certifying the following particulars is also to be tendered in evidence, 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 traffic lane camera device that took the photograph,

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

(4) A single certificate may be tendered for the purposes of subsection (3) if more than one photograph taken by an approved traffic lane camera device is tendered in evidence, but only if:

(a) each photograph is of the same vehicle, and

(b) each photograph is taken on the same day at approximately the same time and at approximately the same location.

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

(a) of the accuracy or reliability of the approved traffic lane camera 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.