Australian Capital Territory Current Acts

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ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 24A

Average speed of vehicle is evidence of actual speed in certain circumstances

    (1)     This section applies to a proceeding against a person for a speeding offence.

    (2)     The prosecution may rely on evidence of the average speed of the vehicle between 2 detection points as evidence of the actual speed of the vehicle between the detection points for the purpose of proving the offence.

    (3)     The following provisions apply in relation to the proceeding:

        (a)     the vehicle's average speed is admissible and is evidence of the actual speed at which the driver drove the vehicle on a road between the detection points;

        (b)     if more than 1 speed limit applied to the driver between the detection points, the average speed limit for the driver on a road between the points is taken to be the speed limit that applied to the driver at all times on the road between the points;

        (c)     for the purpose of working out the vehicle's average speed, the vehicle is taken to have travelled between the detection points by means of the shortest practicable distance regardless of the actual route taken.

    (4)     An offence evidenced by the average speed of a vehicle between 2 detection points is taken to have been committed when the vehicle passed the 2nd detection point.



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