Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 78

Average speed evidence of actual speed in certain circumstances

78. Average speed evidence of actual speed in certain circumstances













(1) If, in any proceedings for an offence against this Act or the regulations-



   (a)  the speed at which a motor vehicle or trailer travelled is relevant;
        and



   (b)  the prosecution relies on the average speed of the motor vehicle or
        trailer between 2 points on a road as determined in accordance with
        subsection (2)-

the average speed so determined is evidence, and in the absence of evidence of
the actual speed of the motor vehicle or trailer to the contrary is proof, of
the speed of the motor vehicle or trailer.

(2) For the purposes of subsection (1), the average speed of a motor vehicle
or trailer between 2 points on a road expressed in kilometres per hour is
calculated in accordance with the following formula and rounded down to the
next whole number-



where-
D is the shortest distance, expressed in metres, that would be travelled by a
motor vehicle or trailer on the road between the 2 points;
T is the time, expressed in seconds, that has elapsed between the motor
vehicle or trailer passing the first and second points.

(3) This section does not derogate from any other mode of proof of the speed
of the motor vehicle or trailer.

(4) For the purpose of any proceedings for an offence against this Act or the
regulations in which the speed at which a motor vehicle or trailer travelled
is relevant, if a trailer or a motor vehicle that is being towed is attached
to a motor vehicle, the trailer or towed motor vehicle and the towing motor
vehicle are to be taken to be travelling at the same speed.

Note See section 84BAA.