Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 120A

120A Average speed of motor vehicle is evidence of actual speed in certain circumstances

(1) In a proceeding for a prescribed offence in which the speed at which a motor vehicle travelled is relevant, the prosecution may, under this section, rely on the average speed of the vehicle between 2 points on a road as evidence of the actual speed of the vehicle for the purpose of proving the offence.

Example of a prescribed offence in which the speed of a motor vehicle is relevant—

Queensland Road Rules , section 20 (Obeying the speed limit)

(2) The following provisions apply in relation to the proceeding—

(a) the average speed of the vehicle calculated under this section is admissible and is evidence of the actual speed at which the vehicle travelled between the 2 points on the road;

(b) the vehicle is, for the purpose of calculating the vehicle’s average speed, taken to have travelled between the 2 points on the road by means of the shortest practicable distance between the points regardless of the actual route taken between the points.

(3) The average speed of a motor vehicle between 2 points on a road is to be calculated using the following formula (and expressed in kilometres per hour rounded down to the next whole number)—

where—

"D" is the shortest practicable distance, expressed in metres and rounded down to the next whole number, between the 2 points.

"T" is the time, expressed in seconds, that elapsed between the vehicle passing the 2 points.

(4) A certificate purporting to be signed by the commissioner that certifies any 1 or more of the following matters is admissible in a proceeding mentioned in subsection (1) and is evidence of any of the matters certified—

(a) the shortest practicable distance, expressed in metres and rounded down to the next whole number, between 2 points on a road;

(b) the time (expressed in seconds) that elapsed between a motor vehicle passing 2 points on a road;

(c) the average speed, calculated under this section, at which a motor vehicle travelled between 2 points on a road (including an average speed calculated under this section by a photographic detection device).

(5) In this section—

"edge line" has the same meaning it has in the Queensland Road Rules .

"shortest practicable distance" , between 2 points on a road, means—

(a) if the road has edge lines, the shortest distance that a motor vehicle could have travelled between the 2 points without crossing an edge line of the road; or

(b) if the road does not have edge lines, the shortest distance that a motor vehicle could have travelled between the 2 points while remaining on the road and without travelling on a road-related area.