32—Operation and testing of photographic detection devices referred to
in regulation 29(1)(a) for offences committed at intersections,
marked foot crossings or level crossings
(1) In this
regulation—
"red traffic light" means a red traffic light or red traffic arrow as defined
in the Australian Road Rules ;
"relevant offence" means—
(a) a
red light offence; or
(b) a
speeding offence; or
(c) a
red light offence and a speeding offence arising out of the same incident,
committed at an intersection, marked foot crossing or level crossing.
(2) Where a
photographic detection device referred to in regulation 29(1)(a) is used
to provide evidence of relevant offences, the following provisions must be
complied with:
(a) the
camera or cameras forming part of the device must be positioned and aimed so
that when vehicles are proceeding into the intersection, or over the
marked foot crossing or level crossing, as the case may be, a photograph or
series of photographs may be taken of the vehicles from the rear, at least 1
of which will depict the traffic lights or twin red lights towards which the
vehicles are facing when proceeding towards the intersection or crossing;
(b) the
induction
loop vehicle detector ("induction loop") must be installed—
(i)
in the case of an intersection or
marked foot crossing—under the road surface on the intersection or
crossing side of the stop line before which vehicles must stop if the
traffic lights referred to in paragraph (a) are showing a
red traffic light; or
(ii)
in the case of a level crossing—under the road
surface on the crossing side of the entrance to the crossing;
(c) if
the device is used to provide evidence of speeding offences, the device must
be programmed and set to operate, and the induction loop and the
traffic lights or twin red lights referred to in paragraph (a) must be
linked up with the device, so that if a vehicle is detected by the device
passing over the induction loop at a speed equal to or greater than a speed
set on the device, at least 2 electronic records are made of that vehicle
from the rear—
(i)
at least 1 of which is made following a programmed delay
after the first is made; and
(ii)
on at least 1 of which is recorded the speed of the
vehicle as detected by the device; and
(iii)
on each of which is recorded the date, time and code for
the location at which the record is made, together with the lane in which the
vehicle is travelling;
(d) if
the device is used to provide evidence of red light offences, the device must
be programmed and set to operate, and the induction loop and the
traffic lights or twin red lights referred to in paragraph (a) must be
linked up with the device, so that, following a programmed delay after the
traffic lights commence showing a red traffic light, or the twin red lights
commence operating, as the case may be, if a vehicle is detected by the device
passing over the induction loop while the red traffic light is showing, or the
twin red lights are operating, as the case may be, at least 2 electronic
records are made of that vehicle from the rear—
(i)
the first of which is made following the detection of the
vehicle by the device; and
(ii)
at least 1 of which is made following a programmed delay
after the first is made; and
(iii)
on each of which is recorded the date, time and code for
the location at which the record is made, together with the lane in which the
vehicle is travelling;
(e) if
the device is used to provide evidence of red light offences and
speeding offences arising out of the same incidents, the device must be
programmed and set to operate, and the induction loop and the traffic lights
or twin red lights referred to in paragraph (a) must be linked up with
the device, so that, following a programmed delay after the traffic lights
commence showing a red traffic light, or the twin red lights commence
operating, as the case may be, if a vehicle is detected by the device passing
over the induction loop while the red traffic light is showing, or the
twin red lights are operating, as the case may be, at least 2 electronic
records are made of that vehicle from the rear—
(i)
the first of which is made following the detection of the
vehicle by the device; and
(ii)
at least 1 of which is made following a programmed delay
after the first is made; and
(iii)
on at least 1 of which is recorded the speed of the
vehicle as detected by the device; and
(iv)
on each of which is recorded the date, time and code for
the location at which the record is made, together with the lane in which the
vehicle is travelling;
(f) once
in every 28 days while the device is being used to provide evidence of
speeding offences—
(i)
a test must be carried out (by reference to a speed not
exceeding the speed limit applying to drivers driving vehicles through the
intersection or crossing) to ensure that the device—
(A) detects a vehicle passing over the
induction loop and indicates the speed of the vehicle as detected by the
device; and
(B) correctly indicates the lane in which
the vehicle is travelling; and
(C) makes at least the number of electronic
records of the detected vehicle, from the direction and with the recorded
information, referred to in paragraph (c) or (e); and
(ii)
a check must be carried out to ensure that the
device—
(A) indicates the correct date, time and
code for the location at which electronic records are made by the device; and
(B) is set to make at least the number of
electronic records, from the direction and with any speed set on the device or
programmed delay, referred to in paragraph (c) or (e); and
(iii)
if a fault is indicated by a test referred to in
subparagraph (i), corrective action must be taken and the test must be
repeated until no fault is indicated; and
(iv)
if a fault is indicated by a check referred to in
subparagraph (ii), corrective action must be taken until no fault is
indicated;
(g) once
in every 28 days while the device is being used to provide evidence of
red light offences—
(i)
a test must be carried out to ensure that the
device—
(A) detects a vehicle passing over the
induction loop; and
(B) correctly indicates the lane in which
the vehicle is travelling; and
(C) makes at least the number of electronic
records of the detected vehicle, from the direction and with the recorded
information, referred to in paragraph (d) or (e); and
(ii)
a check must be carried out to ensure that the
device—
(A) indicates the correct date, time and
code for the location at which electronic records are made by the device; and
(B) is set to make at least the number of
electronic records, from the direction and with any programmed delay, referred
to in paragraph (d) or (e); and
(iii)
if a fault is indicated by a test referred to in
subparagraph (i), corrective action must be taken and the test must be
repeated until no fault is indicated; and
(iv)
if a fault is indicated by a check referred to in
subparagraph (ii), corrective action must be taken until no fault is
indicated;
(h) if
that part of the road surface under which the induction loop is installed has
2 or more lanes for vehicles travelling in the same direction, a test
referred to in paragraph (f)(i) or (g)(i) is not required to be
carried out in relation to each such lane in the same 28 day period
provided that, once in every 28 days, the test is carried out in relation
to 1 of those lanes and the lane in relation to which the test is carried out
is not the same as the lane in relation to which the previous test was carried
out;
(i)
if—
(ii)
an electronic record referred to in
paragraph (c), (d) or (e) made by the device,
indicates a fault that has affected the proper operation of the device as
required by these regulations, any electronic record affected by the fault
must be rejected for evidentiary purposes;
(j) the
accuracy with which the device detects vehicle speeds must be tested on the
day on which it is used (or on a day within the period of 27 days immediately
preceding that day) with a view to the issuing of a certificate under
section 175(3)(ba) of the Act.
(3) Where a
photographic detection device referred to in regulation 29(1)(a) is used
to provide evidence of reckless or dangerous driving offences or
registration offences committed at an intersection, marked foot crossing or
level crossing, the provisions of subregulation (2) must be complied
with.