New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 724

724 Reports and statements made by approved intelligent transport system

(1) A report purporting to be made by an approved intelligent transport system--

(a) is presumed, unless the contrary is proved--

(i) to have been properly made by the system; and

(ii) to be a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system; and

(b) is admissible in a proceeding under this Law; and

(c) is evidence of the matters stated in it.

(2) However, subsection (1)(c) does not apply to information stated in a report made by an approved intelligent transport system that has been manually entered into the system by an operator or driver of a heavy vehicle.

Example--: If the driver of a heavy vehicle enters the mass of the vehicle into the intelligent transport system, the information about the mass of the vehicle stated in a report made by the system is not evidence of the mass of the vehicle.

(3) Also, if in a proceeding it is established by contrary evidence that part of a report made by an approved intelligent transport system is not a correct representation of particular information generated, recorded, stored, displayed, analysed, transmitted or reported by the system, the presumption mentioned in subsection (1)(a) continues to apply to the remaining parts of the report despite that contrary evidence.

(4) If a defendant in a proceeding for an offence against this Law intends to challenge any of the following matters, the defendant must give the complainant notice of the intention to challenge--

(a) that a report made by an approved intelligent transport system has been properly made;

(b) that a report made by an approved intelligent transport system is a correct representation of the information generated, recorded, stored, displayed, analysed, transmitted and reported by the system;

(c) the correctness of a statement of a vehicle's position on the surface of the earth at a particular time that is made by an approved intelligent transport system.

(5) The notice must--

(a) be signed by the defendant; and

(b) state the grounds on which the defendant intends to rely to challenge the matter mentioned in subsection (4)(a), (b) or (c); and

(c) be given at least 14 days before the day fixed for the hearing of the charge.

(6) This section does not limit section 714.