TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 120A
Average speed of motor vehicle is evidence of actual speed in certain circumstances
TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 120A
Average speed of motor vehicle is evidence of actual speed in certain circumstances
120A Average speed of motor vehicle is evidence of actual speed in certain
circumstances
(1) In a proceeding for a prescribed offence in which the speed at which a
motor vehicle travelled is relevant, the prosecution may, under this section,
rely on the average speed of the vehicle between 2 points on a road as
evidence of the actual speed of the vehicle for the purpose of proving the
offence.
Example of a prescribed offence in which the speed of a motor vehicle
is relevant—
Queensland Road Rules , section 20(Obeying the speed limit)
(2) The following provisions apply in relation to the proceeding—
(a) the
average speed of the vehicle calculated under this section is admissible and
is evidence of the actual speed at which the vehicle travelled between the 2
points on the road;
(b) the vehicle is, for the purpose of calculating the
vehicle’s average speed, taken to have travelled between the 2 points on the
road by means of the shortest practicable distance between the points
regardless of the actual route taken between the points.
(3) The average
speed of a motor vehicle between 2 points on a road is to be calculated using
the following formula (and expressed in kilometres per hour rounded down to
the next whole number)— where—
"D" is the shortest practicable distance, expressed in metres and rounded down
to the next whole number, between the 2 points.
"T" is the time, expressed in seconds, that elapsed between the vehicle
passing the 2 points.
(4) A certificate purporting to be signed by the
commissioner that certifies any 1 or more of the following matters is
admissible in a proceeding mentioned in subsection (1) and is evidence of any
of the matters certified—
(a) the shortest practicable distance, expressed
in metres and rounded down to the next whole number, between 2 points on a
road;
(b) the time (expressed in seconds) that elapsed between a motor
vehicle passing 2 points on a road;
(c) the average speed, calculated under
this section, at which a motor vehicle travelled between 2 points on a road
(including an average speed calculated under this section by a photographic
detection device).
(5) In this section—
"edge line" has the same meaning it has in the Queensland Road Rules .
"shortest practicable distance" , between 2 points on a road, means—
(a) if
the road has edge lines, the shortest distance that a motor vehicle could have
travelled between the 2 points without crossing an edge line of the road; or
(b) if the road does not have edge lines, the shortest distance that a motor
vehicle could have travelled between the 2 points while remaining on the road
and without travelling on a road-related area.