South Australian Consolidated Regulations

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ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 1999 - REG 17

17—Operation and testing of photographic detection devices referred to in regulation 14(1)(a) for offences committed at intersections, marked foot crossings or level crossings

        (1)         In this regulation—

            (b)         "red traffic light" means a red traffic light or red traffic arrow as defined in the Australian Road Rules ;

            (c)         "relevant offences" means—

                  (i)         red light offences committed at an intersection or marked foot crossing; or

                  (ii)         speeding offences committed at an intersection, marked foot crossing or level crossing; or

                  (iii)         red light offences and speeding offences arising out of the same incidents committed at an intersection or marked foot crossing; or

                  (iv)         level crossing offences.

        (2)         Where a photographic detection device referred to in regulation 14(1)(a) is used to provide evidence of relevant offences, the following provisions must be complied with:

            (a)         the camera or cameras forming part of the device must be positioned and aimed so that when vehicles are proceeding into the intersection, or over the marked foot crossing or level crossing, as the case may be, a photograph or series of photographs may be taken of the vehicles from the rear, at least 1 of which will depict the traffic lights or warning lights towards which the vehicles are facing when proceeding towards the intersection or crossing;

            (b)         the induction loop vehicle detector ("induction loop") must be installed—

                  (i)         in the case of an intersection or marked foot crossing—under the road surface on the intersection or crossing side of the stop line before which vehicles must stop if the traffic lights referred to in paragraph (a) are showing a red traffic light; or

                  (ii)         in the case of a level crossing—under the road surface on the crossing side of the entrance to the crossing;

            (c)         if the device is used to provide evidence of speeding offences, the device must be programmed and set to operate, and the induction loop and the traffic lights or warning lights referred to in paragraph (a) must be linked up with the device, so that if a vehicle is detected by the device passing over the induction loop at a speed equal to or greater than a speed set on the device, at least 2 exposures are taken, or at least 2 electronic records are made, of that vehicle from the rear—

                  (i)         at least 1 of which is taken or made following a programmed delay after the first is taken or made; and

                  (ii)         on at least 1 of which is recorded the speed of the vehicle as detected by the device; and

                  (iii)         on each of which is recorded the date, time and code for the location at which the exposure or record is taken or made, together with the lane in which the vehicle is travelling;

            (d)         if the device is used to provide evidence of red light or level crossing offences, the device must be programmed and set to operate, and the induction loop and the traffic lights or warning lights referred to in paragraph (a) must be linked up with the device, so that, following a programmed delay after the traffic lights commence showing a red traffic light, or the warning lights commence operating, as the case may be, if a vehicle is detected by the device passing over the induction loop while the red traffic light is showing, or the warning lights are operating, as the case may be, at least 2 exposures are taken, or at least 2 electronic records are made, of that vehicle from the rear—

                  (i)         the first of which is taken or made following the detection of the vehicle by the device; and

                  (ii)         at least 1 of which is taken or made (as that vehicle or both that vehicle and other vehicles proceed over the intersection or crossing) following a programmed delay after the first is taken or made; and

                  (iii)         on each of which is recorded the date, time and code for the location at which the exposure or record is taken or made, together with the lane in which the vehicle is travelling;

            (e)         if the device is used to provide evidence of red light offences and speeding offences arising out of the same incidents, the device must be programmed and set to operate, and the induction loop and the traffic lights referred to in paragraph (a) must be linked up with the device, so that, following a programmed delay after the traffic lights commence showing a red traffic light, if a vehicle is detected by the device passing over the induction loop while the red traffic light is showing, at least 2 exposures are taken, or at least 2 electronic records are made, of that vehicle from the rear—

                  (i)         the first of which is taken or made following the detection of the vehicle by the device; and

                  (ii)         at least 1 of which is taken or made (as that vehicle or both that vehicle and other vehicles proceed over the intersection or crossing) following a programmed delay after the first is taken or made; and

                  (iii)         on at least 1 of which is recorded the speed of the vehicle as detected by the device; and

                  (iv)         on each of which is recorded the date, time and code for the location at which the exposure or record is taken or made, together with the lane in which the vehicle is travelling;

            (f)         subject to paragraph (g), once in every 28 days while the device is being used to provide evidence of speeding offences

                  (i)         a test must be carried out (by reference to speeds not exceeding the speed-limit applying to drivers driving vehicles through the intersection or crossing) to ensure that the device detects vehicles passing over the induction loop and accurately indicates the speed of any vehicle so detected and the lane in which the vehicle is travelling; and

                  (ii)         the device must be checked to ensure that the device—

                        (A)         indicates the correct date, time and code for the location at which exposures or electronic records are taken or made by the device; and

                        (B)         is set to operate in accordance with paragraph (c) or (e); and

                  (iii)         if a fault is indicated by the test referred to in subparagraph (i), corrective action must be taken and the test must be repeated until no fault is indicated; and

                  (iv)         if a fault is indicated by the check referred to in subparagraph (ii), corrective action must be taken until no fault is indicated;

            (h)         once in every 28 days while the device is being used to provide evidence of red light or level crossing offences

                  (i)         a test must be carried out to ensure that the device detects and takes exposures, or makes electronic records, of vehicles passing over the induction loop and accurately indicates the lane in which any such vehicle is travelling; and

                  (ii)         the device must be checked to ensure that the device—

                        (A)         indicates the correct date, time and code for the location at which exposures or electronic records are taken or made by the device; and

                        (B)         is set to operate in accordance with paragraph (d) or (e); and

                  (iii)         if a fault is indicated by the test referred to in subparagraph (i), corrective action must be taken and the test must be repeated until no fault is indicated; and

                  (iv)         if a fault is indicated by the check referred to in subparagraph (ii), corrective action must be taken until no fault is indicated;

            (ha)         if that part of the road surface under which the induction loop is installed has 2 or more lanes for vehicles travelling in the same direction, a test referred to in paragraph (f)(i) or (h)(i) is not required to be carried out in relation to each such lane in the same 28 day period provided that, once in every 28 days, the test is carried out in relation to 1 of those lanes and the lane in relation to which the test is carried out is not the same as the lane in relation to which the previous test was carried out;

                  (i)         after a person relocates the device, or a portion of the device, with recording media in place to a location at which it is to be used to provide evidence of offences referred to in this regulation, that person must do the following:

                  (i)         ensure that each camera forming part of the device is correctly positioned and aimed as referred to in paragraph (a) and that the induction loop is correctly installed as referred to in paragraph (b);

                  (ii)         if the device is being used for the purpose of providing evidence of speeding offences, ensure that the test and check referred to in paragraph (f) are carried out and—

                        (A)         if a fault is indicated by the test, take corrective action and repeat the test until no fault is indicated;

                        (B)         if a fault is indicated by the check, take corrective action until no fault is indicated;

                  (iii)         if the device is being used for the purpose of providing evidence of red light or level crossing offences, ensure that the test and check referred to in paragraph (h) are carried out and—

                        (A)         if a fault is indicated by the test, take corrective action and repeat the test until no fault is indicated;

                        (B)         if a fault is indicated by the check, take corrective action until no fault is indicated;

            (ia)         after a person relocates the device, or a portion of the device, with recording media in place to a location at which it is to be used to provide evidence of offences referred to in regulation 18, that person must comply with regulation 18(1)(f);

            (j)         if—

                  (i)         a test or check; or

                  (ii)         in the case of a wet film camera—the film when developed; or

                  (iii)         in the case of a digital or other electronic camera—any electronic record made by the camera,

indicates a fault that has affected the proper operation of the device as required by these regulations, that part of the film affected by the fault, or those electronic records affected by the fault, (as the case may be), must be rejected for evidentiary purposes;

            (k)         the accuracy with which the device detects vehicle speeds must be tested on the day on which it is used (or on a day within the period of 27 days immediately preceding that day) with a view to the issuing of a certificate under section 175(3)(ba) of the Act.

        (3)         Where a photographic detection device referred to in regulation 14(1)(a) is used to provide evidence of reckless or dangerous driving offences or registration offences committed at an intersection, marked foot crossing or level crossing, the provisions of subregulation (2) must be complied with.



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