ROAD TRAFFIC ACT 1961 - SECT 175A
ROAD TRAFFIC ACT 1961 - SECT 175A
(1) This section
applies to proceedings for a prescribed road law speeding offence.
(2) Evidence of the
average speed of a vehicle between 2 average speed camera locations is,
in accordance with this section, evidence of the actual speed of the vehicle.
(3) The Minister may,
by notice in the Gazette, specify—
(a)
2 average speed camera locations; and
(b) the
fastest practicable route between those 2 locations; and
(c) the
shortest distance that a vehicle could travel along that route between the
2 locations,
and the Minister may, by subsequent notice in the Gazette, vary or revoke a
notice given under this subsection.
(4) For the purposes
of proceedings to which this section applies—
(a)
where a fastest practicable route between 2 average speed camera
locations and a shortest distance along that route are specified by notice
under subsection (3), the route and distance specified in the notice will
be conclusively presumed to be the fastest practicable route, and the shortest
distance along that route, between the 2 locations; and
(b)
where a vehicle appears from average speed camera evidence to have travelled
between 2 such average speed camera locations—
(i)
the vehicle will be conclusively presumed to have been
driven between the 2 locations by that shortest distance along that
fastest practicable route (regardless of the actual route taken); and
(ii)
the average speed of the vehicle between the
2 locations, calculated by reference to—
(A) that shortest distance along that
fastest practicable route; and
(B) the time taken for the vehicle to
travel between the locations,
expressed as a speed in kilometres per hour rounded down to the nearest whole
number, will, subject to this section, be conclusively presumed to be the
actual speed of the vehicle along the whole of the specified route between the
2 locations; and
(iii)
subject to this section, each driver of the vehicle
between the 2 locations will be conclusively presumed to have driven the
vehicle at that actual speed.
(5) Where there is
evidence of the average speed of a vehicle between 2 average speed camera
locations, proceedings for a prescribed road law speeding offence may, if
there was more than 1 driver of the vehicle between the 2 locations,
be brought against 1 driver or against some or all of the drivers jointly
as co-defendants and the defendant, or each of the defendants, is liable to be
convicted or found guilty of the offence.
(6) If, in proceedings
to which this section applies where there is evidence of the average speed of
a vehicle between 2 average speed camera locations, the defendant
satisfies the court that—
(a) more
than 1 person drove the vehicle between the 2 locations; and
(b) the
defendant has previously furnished to the Commissioner of Police, in
accordance with the regulations, a statutory declaration stating either—
(i)
the name and address of each person other than the
defendant who drove the vehicle between the 2 locations; or
(ii)
the name and address of each such driver whose name and
address is known to the defendant and, in relation to every other driver of
the vehicle between the 2 locations, the reasons why the identity of the
driver is not known to the defendant and the inquiries (if any) made to
identify the driver; and
(c) in a
case where the defendant has furnished a statutory declaration referred to in
paragraph (b)(ii)—the defendant does not know and could not by the
exercise of reasonable diligence have ascertained the identity of any driver
whose name and address is not so stated; and
(d) that
defendant did not, at any time whilst driving the vehicle between the
2 locations, drive at a speed that exceeded the speed limit applicable to
the defendant,
the court may determine that subsection (4)(b)(ii) and (iii) do not
apply in relation to the proceedings against that defendant.
(7) Evidence referred
to in subsection (6)(c) and (d) must be given orally on oath.
(8) A person—
(a) may
not be convicted or found guilty of a prescribed road law speeding offence on
the basis of evidence of the average speed of the vehicle between
2 average speed camera locations calculated in accordance with this
section if—
(i)
the person has been convicted or found guilty of such an
offence on the basis of evidence of the actual speed of the vehicle at a
particular point on its journey between the 2 locations; or
(ii)
the person has expiated such an offence and the
allegation relating to the offence was based on such evidence of actual speed;
and
(b) may
not be convicted or found guilty of a prescribed road law speeding offence on
the basis of evidence of the actual speed of the vehicle at a particular point
on its journey between 2 average speed camera locations if—
(i)
the person has been convicted or found guilty of such an
offence on the basis of evidence of the average speed of the vehicle between
the 2 locations calculated in accordance with this section; or
(ii)
the person has expiated such an offence and the
allegation relating to the offence was based on such evidence of average
speed.
(9) The Governor may,
by regulation—
(a) make
provision for or in relation to the identification of an average
speed camera location in a notice under subsection (3) or on a road or
otherwise; and
(b)
regulate the manner in which distances between 2 average speed camera
locations may be determined; and
(c)
regulate the manner in which the time taken for a vehicle to travel between
2 average speed camera locations may be determined (and may, for example,
identify the point at which a vehicle will be taken to have commenced or ended
a journey between 2 such locations for that purpose).
(10) In this
section—
"average speed camera" means a photographic detection device of a kind
prescribed by regulation as an average speed camera and "average speed camera
evidence means evidence obtained through the operation of such a device;
"average speed camera location" means a location, specified in a notice under
subsection (3), at which vehicles may be photographed by an
average speed camera in accordance with any requirements prescribed by
regulation;
"fastest practicable route" means a route by road specified in a notice under
subsection (3) as the fastest practicable route that runs between
2 average speed camera locations specified in the notice;
"prescribed road law speeding offence" means a road law offence defined by the
regulations as a road law speeding offence;
"shortest distance", between 2 average speed camera locations, means the
distance specified in a notice under subsection (3) as the
shortest distance that a vehicle could travel along the route specified in the
notice as the fastest practicable route between the 2 locations.