Australian Capital Territory Numbered Acts

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MOTOR TRAFFIC (AMENDMENT) ACT (NO. 3) (NO. 84 OF 1993) - SECT 26

Insertion

26. After section 112B of the Principal Act the following provision is inserted:

“112BA. (1) It is a defence to a prosecution for an offence against section 112A if the defendant satisfies the Court that—

        (a)     while the defendant was approaching the traffic lights facing the direction opposite to the direction in which he or she was proceeding, the traffic lights changed from displaying a circular green light or an arrow in green light to displaying a circular light or an arrow of another colour; and

        (b)     having regard to all the circumstances of the case (including the defendant's distance from the lights and considerations of his or her safety and the safety of any passengers, the defendant's motor vehicle and any other person or vehicle in the vicinity), the defendant could not have reasonably stopped the motor vehicle before reaching the road marking which, together with the traffic lights, forms the traffic sign referred to in that section.

“(2) It is a defence to a prosecution for an offence against section 112A if the defendant was driving a motor omnibus at the time of the alleged offence and satisfies the Court that—

        (a)     while the defendant was approaching the traffic lights facing the direction opposite to the direction in which he or she was proceeding, the traffic lights changed from displaying a letter B in white light to displaying a letter B of another colour; and

        (b)     having regard to all the circumstances of the case (including the defendant's distance from the lights and considerations of his or her safety and the safety of any passengers, the defendant's motor vehicle and any other person or vehicle in the vicinity), the defendant could not have reasonably stopped the motor vehicle before reaching the road marking which, together with the traffic lights, forms the traffic sign referred to in that section.”.



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