Victorian Current Acts Victorian Current ActsS. 78(1) amended by No. 14/2007 s. 12(1).
(1) If, in any proceedings for an offence against this Act or the regulations—
S. 78(1)(a) amended by No. 14/2007 s. 12(1).
(a) the speed at which a motor vehicle or trailer travelled is relevant; and
S. 78(1)(b) amended by No. 14/2007 s. 12(1).
(b) the prosecution relies on the average speed of the motor vehicle or trailer between 2 points on a road as determined in accordance with subsection (2)—
the average speed so determined is evidence, and in the absence of evidence of the actual speed of the motor vehicle or trailer to the contrary is proof, of the speed of the motor vehicle or trailer.
S. 78(2) amended by Nos 14/2007 s. 12(1), 75/2010 s. 16(1).
(2) For the purposes of subsection (1), the average speed of a motor vehicle or trailer between 2 points on a road expressed in kilometres per hour is calculated in accordance with the following formula and rounded down to the next whole number—
where—
D is the shortest distance, expressed in metres, that would be travelled by a motor vehicle or trailer on the road between the 2 points;
T is the time, expressed in seconds (including any part of a second), that has elapsed between the motor vehicle or trailer passing the first and second points.
Example to s. 78(2) inserted by No. 75/2010 s. 16(2).
Example
In 16∙2 seconds a motor vehicle travels between two points that are 400 metres apart. 400 × 3∙6 divided by 16∙2 equals 88∙9 or, when rounded down to the next whole number, gives a result of 88. Therefore, for the purpose of subsection (1), the average speed of the motor vehicle is 88 kilometres per hour.
S. 78(3) amended by No. 14/2007 s. 12(1).
(3) This section does not derogate from any other mode of proof of the speed of the motor vehicle or trailer.
S. 78(4) inserted by No. 14/2007 s. 12(2).
(4) For the purpose of any proceedings for an offence against this Act or the regulations in which the speed at which a motor vehicle or trailer travelled is relevant, if a trailer or a motor vehicle that is being towed is attached to a motor vehicle, the trailer or towed motor vehicle and the towing motor vehicle are to be taken to be travelling at the same speed.
Note
See section 84BAA.
S. 78A inserted by No. 94/2003 s. 19.