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ROAD TRAFFIC ACT 1961 - SECT 175

ROAD TRAFFIC ACT 1961 - SECT 175

175—Evidence

        (1)         In proceedings for an offence against this Act, an allegation in an information that—

            (a)         a specified place was a road or road-related area, or a specified kind or portion of road or road-related area; or

            (ab)         a specified length of road was, during a specified period, an emergency service speed zone within the meaning of section 83; or

            (b)         a specified vehicle was parked in a specified place; or

            (c)         a specified traffic control device was on, above or near a specified place; or

            (d)         a traffic control device was of a specified form or was operating in a specified way; or

            (e)         a specified vehicle was a prescribed vehicle within the meaning of section 47A; or

            (ea)         a specified vehicle was a vehicle of a specified kind or had a specified GCM or GVM; or

            (f)         a specified person was an authorised officer; or

            (fa)         a specified person had specified powers under this Act; or

            (g)         a specified person was or was not the holder of a specified exemption, permit or approval; or

            (h)         a specified provision was a condition of a specified exemption, permit or approval; or

                  (i)         a specified person was the owner, operator, person in charge or driver of a specified vehicle,

is proof of the matters so alleged in the absence of proof to the contrary.

        (2)         In proceedings for an offence against section 47(1a), 47B(1a), 47BA(1a), 47E(3a), 47EAA(9a) or 47I(7), an allegation in the information that a child under the age of 16 years was, on a specified date and at a specified time, present in or on a specified motor vehicle will be accepted as proof of that matter in the absence of proof to the contrary.

        (3)         In proceedings for an offence against this Act—

            (a)         a statement produced by the prosecution and purporting to be signed by an authorised officer and stating—

                  (i)         the mass of a vehicle with or without its load; or

                  (ii)         the mass carried on an axle, or axle group, of a vehicle; or

                  (iii)         the dimensions or measurements of a vehicle or its load, or any part of a vehicle or its load; or

                  (iv)         that a wheel or tyre of a vehicle is of a specified type or class; or

                  (v)         that a vehicle has, or does not have, a specified mechanical part, or system, of a specified type or class,

is proof of the fact so stated in the absence of proof to the contrary;

            (ab)         a statement produced by the prosecution and purporting to be signed by a person in charge of a weighbridge or other instrument for determining mass and stating that the weighbridge or instrument is of a specified class, or that it complies with the requirements of the regulations constitutes proof of the fact so stated in the absence of proof to the contrary;

            (ac)         a statement produced by the prosecution and purporting to be signed by a person in charge of a weighbridge or other instrument for determining mass and stating that the person has complied with the requirements of the regulations in relation to the taking of certain specified measurements constitutes proof of the fact so stated in the absence of proof to the contrary;

            (b)         a document produced by the prosecution and purporting to be signed by the Commissioner of Police, or by any other police officer of or above the rank of inspector, and purporting to certify that a specified stopwatch or speedometer had been tested on a specified day and was shown by the test to be accurate to the extent indicated in the document constitutes, in the absence of proof to the contrary, proof of the facts certified and that the relevant instrument was accurate to that extent on the day of the test and—

                  (i)         in the case of a stopwatch—throughout the 14 day period following and the 14 day period preceding the day of the test; or

                  (ii)         in the case of a speedometer—throughout the 3 month period following and the 3 month period preceding the day of the test,

for the purpose of measuring the speed of any motor vehicle, whether or not the speed measured differed from the speed in relation to which the stopwatch or speedometer was tested or the circumstances of the measurement differed in any other respect from the circumstances of the test;

            (ba)         a document produced by the prosecution and purporting to be signed by the Commissioner of Police, or by any other police officer of or above the rank of inspector, and purporting to certify that a specified traffic speed analyser that is a photographic detection device had been tested on a specified day and was shown by the test to be accurate to the extent indicated in the document constitutes, in the absence of proof to the contrary, proof of the facts certified and that the traffic speed analyser was accurate to that extent on the day on which it was so tested and, for the purpose of measuring the speed of any motor vehicle

                  (i)         in the case of such a traffic speed analyser that was, at the time of measurement, mounted in a fixed housing—during the period of 27 days immediately following that day; or

                  (ii)         in any other case—on the day following that day,

whether or not the speed measured differed from the speed in relation to which the analyser was tested or the circumstances of the measurement differed in any other respect from the circumstances of the test;

            (baa)         a document produced by the prosecution and purporting to be signed by the Commissioner of Police, or by any other police officer of or above the rank of inspector, and purporting to certify that a specified traffic speed analyser that is not a photographic detection device had been tested on a specified day in accordance with—

                  (i)         the appropriate Australian Standard for testing the analyser as in force on the day of testing; or

                  (ii)         if there was no appropriate Australian Standard for testing the analyser in force on the day of testing—the manufacturer's specifications,

and was shown to be accurate to the extent indicated in the document, constitutes, in the absence of proof to the contrary, proof of the facts certified and that the traffic speed analyser was accurate to that extent on the day on which it was so tested and, for the purpose of measuring the speed of any motor vehicle, during the period of 1 year immediately following that day (whether or not the speed measured differed from the speed in relation to which the analyser was tested or the circumstances of the measurement differed in any other respect from the circumstances of the test);

            (bb)         a document produced by the prosecution and purporting to be signed by the Commissioner of Standards, or the Officer-in-Charge of Testing, Civil Engineering Testing Laboratories of the University of Adelaide, and certifying that a specified weighbridge or other instrument for determining mass had been tested on a specified day, such day being within 12 months before or after the date of the offence, and was shown by the test to be accurate to the extent indicated in the document constitutes, in the absence of proof to the contrary, proof that at the time of the offence the weighbridge or instrument, as the case may be, was accurate to the extent indicated in the document.

        (4)         For the purposes of subsection (3)(ba), a traffic speed analyser will be taken to have been mounted in a fixed housing at the time of measuring the speed of a motor vehicle if it was, at that time, mounted in or on a structure that was affixed to the ground.

        (5)         In any proceedings under or for the purposes of a road law

            (a)         a document purporting to be signed by an authorised officer or issued or signed by an Australian Authority, and to certify that any specified specifications, capabilities or legal entitlements or other information relating to a specified vehicle (or a specified component of a specified vehicle) were or were not displayed on the vehicle, or were or were not recorded in an Australian Authority's records, in accordance with an Australian road law; or

            (b)         a document purporting to be signed by an authorised officer or issued or signed by an Australian Authority, and to certify that any specified person or vehicle had or did not have specified legal entitlements; or

            (c)         a document purporting to be signed by an authorised officer or issued or signed by an Australian Authority, and to certify as to any matter that appears in or can be calculated from records kept or accessed by the officer or Australian Authority; or

            (d)         a document purporting to be signed by an authorised officer, and to certify as to the service of an expiation notice or the expiation of an offence,

constitutes proof of the fact so certified in the absence of proof to the contrary.

        (6)         Transport documentation or journey documentation is admissible in any proceedings under or for the purposes of a road law and is prima facie evidence of—

            (a)         the identity and status of the parties to the transaction to which it relates; and

            (b)         the destination or intended destination of the load to which it relates.

        (7)         The reference in subsection (6) to the "status" of parties includes a reference to their status as responsible persons in relation to the transaction.