ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 2014 - REG 34

ROAD TRAFFIC (MISCELLANEOUS) REGULATIONS 2014 - REG 34

34—Operation and testing of photographic detection devices referred to in regulation 29(1)(b)(i) or (ii) for offences committed other than at intersections, marked foot crossings or level crossings

        (1)         Where a photographic detection device referred to in regulation 29(1)(b)(i) or (ii) is used to provide evidence of speeding offences committed other than at an intersection, marked foot crossing or level crossing, the following provisions must be complied with:

            (a)         the induction loop vehicle detector ("induction loop") must be installed under the surface of the road;

            (b)         if a piezoelectric traffic sensor ("piezo strip") forms part of the device, the piezo strip must be installed under the surface of the road together with the induction loop;

            (c)         the camera or cameras forming part of the device (other than a closed-circuit television camera) must be positioned and aimed, and the induction loop and the piezo strip (if any) linked up with the other parts of the device, so that when vehicles proceed over or continue past the part of the road under the surface of which the induction loop and the piezo strip (if any) is (or are) installed, a photograph or series of photographs may be taken of the vehicles;

            (d)         the Variable Speed Limit Sign ("VSLS") must be—

                  (i)         installed so that a speed limit sign displayed by the VSLS applies for the purposes of the Australian Road Rules (whether some or all of the time) to the length of road under the surface of which the induction loop and the piezo strip (if any) is (or are) installed; and

                  (ii)         linked up with the other parts of the device so that the speed limit (if any) indicated by the VSLS, and any changes in that speed limit, may be noted by, and used for the purposes of the operation of, the device;

            (e)         the closed-circuit television camera must be positioned and aimed, and linked up with the other parts of the device, so that a video recording directed at the speed limit (if any) indicated by the VSLS referred to in paragraph (d) may be made;

            (f)         the device must be programmed and set to operate so that if a vehicle is detected by the device passing over the induction loop and the piezo strip (if any) at a speed equal to or greater than a speed set on the device (being a speed set for all vehicles or for vehicles of a class, whether determined according to the number of axles of a vehicle or otherwise, that includes the detected vehicle)—

                  (i)         at least 2 electronic records are made of the vehicle—

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

                        (B)         on at least 1 of which is recorded—

        •         the speed of the vehicle as detected by the device; and

        •         the speed limit (if any) indicated at that time by the VSLS referred to in paragraph (d) as noted by the device and the period for which that noted speed limit has remained constant; and

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

                  (ii)         the following additional electronic records are made:

                        (A)         a record containing a portion of the video recording referred to in paragraph (e), being a portion of that recording for a programmed period preceding the detection of the vehicle, on which is recorded the date and start and end times for the video recording;

                        (B)         a record containing a still image taken from that portion of video recording, on which is recorded the information referred to in paragraph (f)(i)(C);

            (g)         subject to paragraph (h), once in every 28 days—

                  (i)         a test must be carried out (by reference to a speed not exceeding the speed limit applying to drivers driving vehicles on the length of road under the surface of which the induction loop and the piezo strip (if any) is (or are) installed, and by reference to a vehicle of any number of axles) to ensure that the device—

                        (A)         detects a vehicle passing over the induction loop and indicates the speed of the vehicle as detected by the device; and

                        (B)         if a piezo strip forms part of the device—detects the vehicle passing over the piezo strip and correctly indicates the number of axles of the vehicle so detected; and

                        (C)         correctly indicates the lane in which the vehicle is travelling; and

                        (D)         correctly notes the speed limit (if any) indicated by the VSLS referred to in paragraph (d); and

                        (E)         makes at least the number of electronic records of the detected vehicle, with the recorded information, referred to in paragraph (f)(i); and

                        (F)         makes a video recording of a kind referred to in paragraph (f)(ii)(A); and

                        (G)         makes an electronic record containing a still image in accordance with paragraph (f)(ii)(B); and

                  (ii)         a check must be carried out to ensure that the device—

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

                        (B)         is set to make at least the number of electronic records, with any speed set on the device or programmed delay, referred to in paragraph (f) (other than paragraph (f)(ii)); and

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

            (h)         if that part of the road surface under which the induction loop and the piezo strip (if any) is (or are) installed has 2 or more lanes for vehicles travelling in the same direction, the test referred to in paragraph (g)(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)         if—

                  (i)         a test or check; or

                  (ii)         any electronic record referred to in paragraph (f) made by the device,

indicates a fault that has affected the proper operation of the device as required by these regulations, any electronic record affected by the fault must be rejected for evidentiary purposes;

            (j)         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.

        (2)         Where a photographic detection device referred to in regulation 29(1)(b)(i) or (ii) is used to provide evidence of reckless or dangerous driving offences or registration offences committed other than at an intersection, marked foot crossing or level crossing, the provisions of subregulation (1) must be complied with.