New South Wales Consolidated Acts

ROAD TRANSPORT (VEHICLE REGISTRATION) ACT 1997 - SECT 22C

22C Photographic evidence of unauthorised vehicle use

(1) This section applies to proceedings for any of the following offences (an "unauthorised vehicle use offence"):

(a) an offence against section 18 (Prohibition on using unregistered registrable vehicles),

(b) an offence against section 8 (Offence of using uninsured motor vehicle on road) of the Motor Accidents Compensation Act 1999 ,

(c) an offence against the regulations involving a prohibited use of a registrable vehicle that is prescribed by the regulations for the purposes of this section.

(2) A photograph of a vehicle taken by an approved camera device that is evidence under the evidence use provisions for the device of an offence to which those provisions ordinarily apply may also be tendered in evidence under this section in proceedings for an unauthorised vehicle use offence involving the vehicle.

Note: For example, a photograph taken by an approved camera detection device that is evidence of a traffic light offence under section 57 of the Road Transport (Safety and Traffic Management) Act 1999 may also be tendered in evidence in proceedings for an unauthorised vehicle use offence involving the same vehicle.

(3) For this purpose, the evidence use provisions for the approved camera device are taken to apply in relation to the tendering, admission and use in evidence of such a photograph as if the provisions extended to proceedings for an unauthorised vehicle use offence as well as to proceedings for an offence to which the provisions ordinarily apply.

Note: Evidence use provisions for approved camera devices usually make provision for the admission of photographs taken by such devices in specified kinds of proceedings and for the use of evidence derived from such photographs. These provisions also usually require the provision of certificate evidence concerning the inspection or testing of the devices.

(4) Nothing in this section prevents a photograph taken by an approved camera device being tendered and used in evidence both in proceedings for an unauthorised vehicle use offence and proceedings for an offence to which the evidence use provisions for the device ordinarily apply.

(5) In this section:
"approved average speed detection device", "approved camera detection device", "approved camera recording device" and "approved traffic lane camera device" have the same meanings as in the Road Transport (Safety and Traffic Management) Act 1999 .
"approved camera device" means any of the following:

(a) an approved average speed detection device,

(b) an approved camera detection device,

(c) an approved camera recording device,

(d) an approved traffic lane camera device,

(e) an approved toll camera.

"approved toll camera" has the same meaning as in section 250A of the Roads Act 1993 .
"evidence use provisions" for an approved camera device means:

(a) if the device is an approved average speed detection device-the provisions of section 47B of the Road Transport (Safety and Traffic Management) Act 1999 (and section 73A of that Act in its application to evidence or presumptions under those provisions), or

(b) if the device is an approved camera detection device-the provisions of section 57 of the Road Transport (Safety and Traffic Management) Act 1999 (and section 73A of that Act in its application to evidence or presumptions under those provisions), or

(c) if the device is an approved camera recording device-the provisions of section 47 of the Road Transport (Safety and Traffic Management) Act 1999 (and section 73A of that Act in its application to evidence or presumptions under those provisions), or

(d) if the device is an approved traffic lane camera device-the provisions of section 57B of the Road Transport (Safety and Traffic Management) Act 1999 (and section 73A of that Act in its application to evidence or presumptions under those provisions), or

(e) if the device is an approved toll camera-the provisions of section 250A of the Roads Act 1993 .