38—Average speed evidence (section 175A of
Act)—identification of average speed cameras,
average speed camera locations etc
(1) For the purposes
of section 175A of the Act—
(a) a
notice under section 175A(3) of the Act must identify an
average speed camera location by specifying—
(i)
the road on which vehicles will be photographed by the
average speed camera; and
(ii)
the place on that road at which vehicles will be
photographed, identified by reference to—
(A) a stub line at that place; and
(B) the approximate coordinates of the
point at which that stub line meets the centre of the road; and
(iii)
whether the average speed camera location is a
start location or end location; and
(iv)
the general direction of travel (for example, north
bound) of vehicles moving between the 2 average speed camera locations
for which this is the start or end location; and
(b) the
shortest distance between 2 average speed camera locations along a route
specified in a notice under section 175A(3) must be measured between the
stub line at the start location and the stub line at the end location; and
(c) the
time taken for a vehicle to travel between 2 average speed camera
locations must be determined by reference to the total period elapsed
between—
(i)
a time before which the whole of the vehicle passes the
stub line at the start location; and
(ii)
a time at or after which any part of the vehicle reaches
the stub line at the end location,
where the time at each location is determined according to Australian Central
Standard Time, or according to Australian Central Daylight Time, with an
accuracy equal to or better than plus or minus 1 second.
(2) A notice under
section 175A(3) of the Act may, for the purposes of identifying an
average speed camera location, include a reference to—
(a) a
nearby landmark or other feature; or
(b) the
approximate distance along the road between the location and a specified town
or intersection (or, if the location is at an intersection, by reference to
that intersection),
but such a notice will not be regarded as defective on the basis of anything
included or not included under this subregulation.
(3) For the purposes
of the definitions in section 175A(10) of the Act—
(a) a
photographic detection device of a kind referred to in
regulation 29(1)(e) is an
"average speed camera";
(b) a
"prescribed road law speeding offence" means—
(i)
a speeding offence; or
(ii)
a reckless or dangerous driving offence comprised of
driving a vehicle at a speed which is dangerous to the public.
(4) In this
regulation—
"coordinates" means coordinates based on either GDA94 or GDA2020;
"dividing line", "marked lane" and "median strip have the same respective
meanings as in the Australian Road Rules ;
"short white line" means a straight white line approximately
100 millimetres wide and 400 millimetres long;
"stub line" means a short white line, or series of short white lines, marked
in a straight line on the sealed surface of 1 or both sides of a
two-way road at right angles to a boundary of the road, with each short
white line positioned—
(a) if a
side of the road has 1 or more marked lanes for vehicles travelling in
the same direction—
(i)
at or near the centre of each lane; or
(ii)
at or near the left-hand side and at or near the
right-hand side of each lane; or
(b) if a
side of the road has no marked lanes for vehicles travelling in the same
direction—
(i)
at or near the centre of the sealed portion of that side
of the road; or
(ii)
at or near the left-hand side and at or near the
right-hand side of the sealed portion of that side of the road,
and includes the whole of the straight line formed by the short white line or
series of short white lines as well as the extension of that straight
line—
(c) to
each boundary of the road; or
(d)
where the short white line or lines is or are marked on 1 side of the
road only, to the boundary on that side of the road and to the centre of the
road;
"two-way road" means a road divided by a dividing line or median strip into
2 sides, 1 of which is for vehicles travelling in 1 direction
and the other of which is for vehicles travelling in the opposite direction.