New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 133

133 Relationship of Division with other laws

(cf STM Act, s 43A(7)-(9))

(1) This Division is in addition to, and does not derogate from, any other mode of proof of the speed of a vehicle.

(2) Without limiting subsection (1), a court in proceedings for a speeding offence in which the person bringing the proceedings is seeking to rely on evidence of the average speed of the vehicle may convict a person of the offence relying on evidence of the actual speed of the vehicle at a particular point of its journey between detection points (instead of evidence of an average speed or average speed limit) if the court is satisfied that--

(a) evidence in the proceedings (other than evidence establishing the average speed) establishes the actual speed at which the driver was driving, and the actual speed limit that applied to the driver, at that point, and

(b) the use of the actual speed and actual speed limit rather than the average speed (and, where relevant, the average speed limit) demonstrates that the driver exceeded the speed limit by a greater speed than that indicated by the use of the average speed or average speed limit.

Note : Assume, for example, that the average speed of a vehicle calculated in accordance with this Division between detection points is 120 kilometres per hour along a length of road for which the speed limit is 90 kilometres per hour. The use of the average speed of the vehicle indicates that the speed limit was exceeded by 30 kilometres per hour.
Assume, as well, that a police officer also measured the speed of the vehicle at some point during the same journey at 130 kilometres per hour using an approved traffic enforcement device. Using the police officer's measurement, the driver was exceeding the speed limit by 40 kilometres per hour at that point.
A court in proceedings to which this Division applies may rely on evidence obtained by the police officer rather than the average speed to convict a person of the speeding offence.

(3) For the avoidance of doubt, the validity of an immediate licence suspension notice given for a speeding offence may not be challenged or called into question in any proceedings only because the average speed that is relied on in proceedings or a penalty notice for the offence is less than a speed for which an immediate licence suspension notice may be issued.