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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Road Traffic (Average Speed) Amendment
Bill 2011
A BILL FOR
An Act to amend the Road
Traffic Act 1961.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Road Traffic
Act 1961
4Amendment of section 79B—Provisions
applying where certain offences are detected by photographic detection
devices
5Insertion of section
175A
175AAverage speed
evidence
6Amendment of section 176—Regulations and
rules
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Road Traffic (Average Speed) Amendment
Act 2011.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Road Traffic
Act 1961
4—Amendment
of section 79B—Provisions applying where certain offences are detected by
photographic detection devices
(1) Section 79B(1)—before the definition of owner
insert:
average speed camera location has the same meaning as in
section 175A;
(2) Section 79B(6)—delete subsection (6) and
substitute:
(6) Where a prescribed offence is alleged and the allegation is based on
photographic evidence obtained through the operation of a photographic detection
device, an expiation notice, an expiation reminder notice or a summons in
respect of the offence must be accompanied by a notice in the prescribed form
containing—
(a) a statement that a copy of the photographic evidence on which the
allegation is based—
(i) will, on written application to the Commissioner of Police by the
person to whom the expiation notice, reminder notice or summons is issued, be
sent by post to the address nominated in that application or (in the absence of
such a nomination) to the last known address of the applicant; and
(ii) may be viewed on application to the Commissioner of Police;
and
(b) such other information or instructions as is prescribed.
(3) Section 79B—after subsection (10) insert:
(11) Where evidence
referred to in subsection (2) is evidence of the average speed of the
vehicle between 2 average speed camera locations calculated in accordance
with section 175A—
(a) the time of commission of the offence will be taken to be the period
during which the vehicle travelled between the 2 locations; and
(b) subsection (2)(b) applies as if the reference to "the name and
address of some person other than the owner who was driving the vehicle at the
time" were a reference to—
(i) the name and address of each person other than the owner who drove the
vehicle during the time of commission of the offence; or
(ii) the name and
address of each such driver whose name and address is known to the owner and, in
relation to every other driver of the vehicle during the time of commission of
the offence, the reasons why the identity of the driver is not known to the
owner and the inquiries (if any) made by the owner to identify the driver;
and
(c) if the owner is not a body corporate, a statutory declaration
furnished to the Commissioner of Police under subsection (2)(b) must also
state whether or not the owner was also a driver of the vehicle during the time
of commission of the offence; and
(d) subsection (2)(c) applies as if—
(i) the reference in subparagraph (ii) to "the person who was driving
the vehicle at the time" were a reference to any person who was driving the
vehicle at the time; and
(ii) the reference in subparagraph (iii) to "the reasons why the
identity of the driver is not known to the owner and the inquiries (if any) made
by the owner to identify the driver" were a reference to the reasons why the
owner does not know the identity of any driver and the inquiries (if any) made
by the owner to identify a driver; and
(e) subsection (7) only applies to the person who is found guilty of,
or expiates, the prescribed offence and subsection (8) only applies to the
person who is found guilty of, or expiates, the offence against this
section.
After section 175 insert:
175A—Average speed evidence
(1) This section applies to proceedings for a prescribed road law speeding
offence.
(2) Evidence of the average speed of a vehicle between 2 average
speed camera locations is, in accordance with this section, evidence of the
actual speed of the vehicle.
(3) The Minister
may, by notice in the Gazette, specify—
(a) 2 average speed camera locations; and
(b) the fastest practicable route between those 2 locations;
and
(c) the shortest distance that a vehicle could travel along that route
between the 2 locations.
(4) For the purposes of
proceedings to which this section applies—
(a) where a fastest practicable route between 2 average speed camera
locations and a shortest distance along that route are specified by notice under
subsection (3),
the route and distance specified in the notice will be conclusively presumed to
be the fastest practicable route, and the shortest distance along that route,
between the 2 locations; and
(b) where a vehicle
appears from average speed camera evidence to have travelled between 2 such
average speed camera locations—
(i) the vehicle will be conclusively presumed to have been driven between
the 2 locations by that shortest distance along that fastest practicable
route (regardless of the actual route taken); and
(ii) the average speed
of the vehicle between the 2 locations, calculated by reference
to—
(A) that shortest distance along that fastest practicable route;
and
(B) the time taken for the vehicle to travel between the
locations,
expressed as a speed in kilometres per hour rounded down to the nearest
whole number, will, subject to this section, be conclusively presumed to be the
actual speed of the vehicle along the whole of the specified route between the
2 locations; and
(iii) subject to this
section, each driver of the vehicle between the 2 locations will be
conclusively presumed to have driven the vehicle at that actual speed.
(5) Where there is evidence of the average speed of a vehicle between
2 average speed camera locations, proceedings for a prescribed road law
speeding offence may, if there was more than 1 driver of the vehicle
between the 2 locations, be brought against 1 driver or against some
or all of the drivers jointly as co-defendants and the defendant, or each of the
defendants, is liable to be convicted or found guilty of the offence.
(6) If, in proceedings
to which this section applies where there is evidence of the average speed of a
vehicle between 2 average speed camera locations, the defendant satisfies
the court that—
(a) more than 1 person drove the vehicle between the
2 locations; and
(b) the defendant
has previously furnished to the Commissioner of Police, in accordance with the
regulations, a statutory declaration stating either—
(i) the name and address of each person other than the defendant who drove
the vehicle between the 2 locations; or
(ii) the name and
address of each such driver whose name and address is known to the defendant
and, in relation to every other driver of the vehicle between the
2 locations, the reasons why the identity of the driver is not known to the
defendant and the inquiries (if any) made to identify the driver; and
(c) in a case where the
defendant has furnished a statutory declaration referred to in
paragraph (b)(ii)—the
defendant does not know and could not by the exercise of reasonable diligence
have ascertained the identity of any driver whose name and address is not so
stated; and
(d) that defendant did
not, at any time whilst driving the vehicle between the 2 locations, drive
at a speed that exceeded the speed limit applicable to the defendant,
the court may determine that
subsection (4)(b)(ii)
and
(iii) do not apply in
relation to the proceedings against that defendant.
(7) Evidence referred to in
subsection (6)(c)
and
(d) must be given orally
on oath.
(8) A person—
(a) may not be convicted or found guilty of a prescribed road law speeding
offence on the basis of evidence of the average speed of the vehicle between
2 average speed camera locations calculated in accordance with this section
if—
(i) the person has been convicted or found guilty of such an offence on
the basis of evidence of the actual speed of the vehicle at a particular point
on its journey between the 2 locations; or
(ii) the person has expiated such an offence and the allegation relating
to the offence was based on such evidence of actual speed; and
(b) may not be convicted or found guilty of a prescribed road law speeding
offence on the basis of evidence of the actual speed of the vehicle at a
particular point on its journey between 2 average speed camera locations
if—
(i) the person has been convicted or found guilty of such an offence on
the basis of evidence of the average speed of the vehicle between the
2 locations calculated in accordance with this section; or
(ii) the person has expiated such an offence and the allegation relating
to the offence was based on such evidence of average speed.
(9) The Governor may, by regulation—
(a) make provision for or in relation to the identification of an average
speed camera location in a notice under
subsection (3)
or on a road or otherwise; and
(b) regulate the manner in which distances between 2 average speed
camera locations may be determined; and
(c) regulate the manner in which the time taken for a vehicle to travel
between 2 average speed camera locations may be determined (and may, for
example, identify the point at which a vehicle will be taken to have commenced
or ended a journey between 2 such locations for that purpose).
(10) In this section—
average speed camera means a photographic detection device of
a kind prescribed by regulation as an average speed camera and average
speed camera evidence means evidence obtained through the operation of
such a device;
average speed camera location means a location, specified in
a notice under
subsection (3),
at which vehicles may be photographed by an average speed camera in accordance
with any requirements prescribed by regulation;
fastest practicable route means a route by road specified in
a notice under
subsection (3)
as the fastest practicable route that runs between 2 average speed camera
locations specified in the notice;
prescribed road law speeding offence means a road law offence
defined by the regulations as a road law speeding offence;
shortest distance, between 2 average speed camera
locations, means the distance specified in a notice under
subsection (3)
as the shortest distance that a vehicle could travel along the route specified
in the notice as the fastest practicable route between the
2 locations.
6—Amendment
of section 176—Regulations and rules
Section 176(5b)—delete "this Act" and substitute:
the Act or the regulations or rules