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TASMANIA
__________
VEHICLE AND TRAFFIC AMENDMENT (DRIVER
DISTRACTION AND SPEED ENFORCEMENT)
BILL 2022
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - VEHICLE AND TRAFFIC ACT 1999 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 21 amended (Award of demerit points on conviction)
6. Section 22 amended (Award of demerit points on traffic
infringement notice)
7. Section 42A amended (Offence detection devices)
8. Section 56DA inserted
56DA. Use of photographic detection device to determine
speed of vehicles in certain circumstances
9. Section 56E amended (Facilitation of proof)
10. Section 56EA inserted
56EA. Alternative verdicts
11. Section 56F amended (Authorisation of persons to install and
operate photographic detection devices)
12. Section 67 amended (Evidentiary certificates)
[Bill 20]-VI
PART 3 - TRAFFIC ACT 1925 AMENDED
13. Principal Act
14. Section 3 amended (Interpretation)
15. Section 43G amended (Notice of demand)
16. Section 43GB amended (Withdrawal of notice of demand)
17. Section 43H amended (Traffic infringement notices)
18. Section 43HA amended (Notification of driver by statutory
declaration)
19. Section 43L amended (Service of notices)
PART 4 - MISCELLANEOUS
20. Repeal of Act
2
VEHICLE AND TRAFFIC AMENDMENT (DRIVER
DISTRACTION AND SPEED ENFORCEMENT)
BILL 2022
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
7 September 2022
(Brought in by the Minister for Infrastructure and Transport,
the Honourable Michael Darrel Joseph Ferguson)
A BILL FOR
An Act to amend the Vehicle and Traffic Act 1999 and the
Traffic Act 1925
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Vehicle and Traffic
Amendment (Driver Distraction and Speed
Enforcement) Act 2022.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 20] 3
Vehicle and Traffic Amendment (Driver Distraction and Speed
Enforcement) Act 2022
Act No. of 2022
s. 3 Part 2 - Vehicle and Traffic Act 1999 Amended
PART 2 - VEHICLE AND TRAFFIC ACT 1999
AMENDED
3. Principal Act
In this Part, the Vehicle and Traffic Act 1999* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definitions
after the definition of pilot vehicle:
portable device includes, but is not
limited to -
(a) a mobile phone; and
(b) another device, or item,
that is prescribed for the
purposes of this
definition;
portable device offence means an
offence under the Traffic Act
1925 of a driver or rider -
(a) operating a portable
device while the display
_______________________________________________________________
*No. 70 of 1999
4
Vehicle and Traffic Amendment (Driver Distraction and Speed
Enforcement) Act 2022
Act No. of 2022
Part 2 - Vehicle and Traffic Act 1999 Amended s. 4
of the device is visible to
the driver or rider; or
(b) holding a portable device;
or
(c) having a portable device
resting on the body of, or
the clothing being worn
by, the driver or rider; or
(d) intentionally looking at
the display of a portable
device being operated by
another person; or
(e) performing, or failing to
perform, a prescribed
action in respect of a
portable device;
(b) by inserting "or rider" after "driver" in
the definition of red light offence;
(c) by inserting the following definition after
the definition of registration number:
registration offence means one of the
following offences:
(a) an offence under section
27, 31, 32 or 32A;
(b) an offence prescribed for
the purposes of this
definition;
5
Vehicle and Traffic Amendment (Driver Distraction and Speed
Enforcement) Act 2022
Act No. of 2022
s. 4 Part 2 - Vehicle and Traffic Act 1999 Amended
(d) by inserting the following definition after
the definition of schedule of recognised
interstate demerit points offences:
seatbelt offence means an offence
under the Traffic Act 1925 of a
driver or rider -
(a) failing to wear a properly
adjusted or fastened
seatbelt; or
(b) failing to ensure that a
passenger is restrained as
required; or
(c) performing, or failing to
perform, a prescribed
action in respect of the
restraint of a person in a
vehicle;
(e) by inserting "or rider" after "a driver" in
the definition of speeding offence;
(f) by inserting "or rider" after "to the
driver" in paragraph (a) of the definition
of speeding offence;
(g) by inserting "or rider" after "where the
driver" in paragraph (a) of the definition
of speeding offence;
(h) by inserting "or rider" after "driver" in
paragraph (b) of the definition of
speeding offence.
6
Vehicle and Traffic Amendment (Driver Distraction and Speed
Enforcement) Act 2022
Act No. of 2022
Part 2 - Vehicle and Traffic Act 1999 Amended s. 5
5. Section 21 amended (Award of demerit points on
conviction)
Section 21(4) of the Principal Act is amended as
follows:
(a) by omitting "red light offence or
speeding offence" and substituting "red
light offence, speeding offence, portable
device offence, seatbelt offence or
registration offence";
(b) by omitting from paragraph (a)(ii)
"person; and" and substituting "person;
or";
(c) by inserting the following subparagraphs
after subparagraph (ii) in paragraph (a):
(iii) in the case of a portable device
offence, one of 2 or more
portable device offences
committed in succession by the
convicted person; or
(iv) in the case of a seatbelt offence,
one of 2 or more seatbelt offences
committed in succession by the
convicted person; or
(v) in the case of a registration
offence, one of 2 or more
registration offences committed
in succession by the convicted
person; and
7
Vehicle and Traffic Amendment (Driver Distraction and Speed
Enforcement) Act 2022
Act No. of 2022
s. 6 Part 2 - Vehicle and Traffic Act 1999 Amended
6. Section 22 amended (Award of demerit points on
traffic infringement notice)
Section 22(3) of the Principal Act is amended as
follows:
(a) by omitting "red light offence or
speeding offence" and substituting "red
light offence, speeding offence, portable
device offence, seatbelt offence or
registration offence";
(b) by omitting from paragraph (a)(ii)
"offender; and" and substituting
"offender; or";
(c) by inserting the following subparagraphs
after subparagraph (ii) in paragraph (a):
(iii) in the case of a portable device
offence, one of 2 or more
portable device offences
committed in succession by the
same offender; or
(iv) in the case of a seatbelt offence,
one of 2 or more seatbelt offences
committed in succession by the
same offender; or
(v) in the case of a registration
offence, one of 2 or more
registration offences committed
in succession by the same
offender; and
8
Vehicle and Traffic Amendment (Driver Distraction and Speed
Enforcement) Act 2022
Act No. of 2022
Part 2 - Vehicle and Traffic Act 1999 Amended s. 7
7. Section 42A amended (Offence detection devices)
Section 42A(1)(a)(i) of the Principal Act is
amended by omitting "red light offences and
speeding offences" and substituting "an offence
including, but not limited to, a red light offence,
speeding offence, portable device offence,
seatbelt offence or registration offence".
8. Section 56DA inserted
After section 56D of the Principal Act, the
following section is inserted in Part 7B:
56DA. Use of photographic detection device to
determine speed of vehicles in certain
circumstances
(1) In this section -
detection point, in relation to a vehicle
travelling on a road, means the
point on the road where the
vehicle triggers a photographic
detection device to take a
photograph of the vehicle for the
purpose of determining the speed
at which the vehicle is travelling
on the road;
shortest practicable distance, between
detection points on a road, means
the shortest distance between the
detection points that a driver of a
vehicle is able to travel -
9
Vehicle and Traffic Amendment (Driver Distraction and Speed
Enforcement) Act 2022
Act No. of 2022
s. 8 Part 2 - Vehicle and Traffic Act 1999 Amended
(a) while remaining on the
road; and
(b) without travelling on a
road-related area; and
(c) without contravening a
law applicable to the
driver or the vehicle.
(2) A photographic detection device may be
used, in relation to a road, to establish a
detection point for the purpose of
determining the average speed at which a
vehicle is travelling on the road between
two such detection points.
(3) If two photographic detection devices are
used to establish two detection points for
the purpose of determining the average
speed of a vehicle under this section -
(a) the average speed of the vehicle
between the detection points is to
be calculated as prescribed; and
(b) for the purposes of determining
whether a speeding offence or an
excessive speeding offence has
been committed, the speed limit
for the road between the detection
points is -
(i) if a single speed limit
applies on the road
between the detection
10
Vehicle and Traffic Amendment (Driver Distraction and Speed
Enforcement) Act 2022
Act No. of 2022
Part 2 - Vehicle and Traffic Act 1999 Amended s. 8
points, the displayed
speed limit for the road;
or
(ii) if more than one speed
limit applies on the road
between the detection
points, the speed limit
prescribed, or calculated
as prescribed, as the
average speed limit for
the part of that road
between those detection
points at the time when
the offence is purported to
have been committed.
(4) An average speed of a vehicle between
detection points that is calculated under
this section in respect of a road -
(a) may only be calculated in respect
of the vehicle if the vehicle
travelled between at least 2
detection points on the road; and
(b) is to be calculated as if the
vehicle travelled the shortest
practicable distance between the
detection points.
(5) In proceedings for a speeding offence,
and in absence of proof to the contrary -
(a) the average speed of a vehicle
determined under this section is
11
Vehicle and Traffic Amendment (Driver Distraction and Speed
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Act No. of 2022
s. 8 Part 2 - Vehicle and Traffic Act 1999 Amended
admissible as the speed at which
the vehicle travelled between the
detection points used to calculate
the average speed; and
(b) the average speed limit between
two detection points on a road is
admissible as the average speed
limit for that road under
subsection (3)(b); and
(c) a certificate signed by the
Registrar or the Commission,
certifying that the speed limit for
a road specified in the certificate
was the speed limit for the road at
the time so specified, is
admissible as evidence, and
proof, of the fact so certified; and
(d) a certificate signed by the
Registrar or the Commission,
certifying that a distance
specified in the certificate is the
shortest practicable distance
between detection points on a
road, is admissible as evidence,
and proof, of the fact so certified.
(6) For the avoidance of doubt, a single
photographic detection device may be
used simultaneously as a detection point
in respect of 2 or more parts of a road for
which an average speed is calculated.
12
Vehicle and Traffic Amendment (Driver Distraction and Speed
Enforcement) Act 2022
Act No. of 2022
Part 2 - Vehicle and Traffic Act 1999 Amended s. 9
(7) An average speed of a vehicle that is
calculated in accordance with this section
is admissible as evidence, and is proof of
the speed of the vehicle in absence of
evidence to the contrary, in respect of an
offence under this Act or any other Act.
9. Section 56E amended (Facilitation of proof)
Section 56E of the Principal Act is amended as
follows:
(a) by inserting the following definitions
before the definition of information in
subsection (1):
average speed, in relation to a vehicle,
means the average speed
calculated for the vehicle under
section 56DA;
driver includes rider;
(b) by omitting the definition of photograph
from subsection (1) and substituting the
following definition:
photograph includes -
(a) a set of photographs; and
(b) a still taken, or derived,
from a recording of visual
images; and
13
Vehicle and Traffic Amendment (Driver Distraction and Speed
Enforcement) Act 2022
Act No. of 2022
s. 9 Part 2 - Vehicle and Traffic Act 1999 Amended
(c) a recording of visual
images;
(c) by inserting the following subparagraphs
after subparagraph (iii) in subsection
(2)(a):
(iiia) for an offence where the average
speed of a vehicle is relevant or
in issue, is evidence that the
photographed vehicle -
(A) was present at the time
and location shown; and
(B) if an average speed is
recorded on the
photograph, was
travelling at that speed at
that time and location;
and
(iiib) for a portable device offence, is
evidence that, at the time and
location shown, the driver of the
photographed vehicle -
(A) was operating, holding or
intentionally looking at
the portable device
shown; or
(B) had a portable device
resting on his or her body
or clothing; or
14
Vehicle and Traffic Amendment (Driver Distraction and Speed
Enforcement) Act 2022
Act No. of 2022
Part 2 - Vehicle and Traffic Act 1999 Amended s. 9
(C) had performed, or failed
to perform, an action
prescribed for the purpose
of paragraph (e) of the
definition of a portable
device offence; and
(iiic) for a seatbelt offence, is evidence
that, at the time and location
shown -
(A) the driver of the
photographed vehicle was
not wearing a seatbelt; or
(B) the driver of the
photographed vehicle was
wearing an improperly
adjusted or fastened
seatbelt; or
(C) a passenger in the
photographed vehicle was
not restrained as required;
or
(D) the driver of the
photographed vehicle had
performed, or failed to
perform, an action
prescribed for the purpose
of paragraph (c) of the
definition of a seatbelt
offence; and
15
Vehicle and Traffic Amendment (Driver Distraction and Speed
Enforcement) Act 2022
Act No. of 2022
s. 10 Part 2 - Vehicle and Traffic Act 1999 Amended
10. Section 56EA inserted
After section 56E of the Principal Act, the
following section is inserted in Part 7B:
56EA. Alternative verdicts
(1) If -
(a) a defendant in proceedings for a
seatbelt offence is charged with
an offence that relates to a
passenger of a specified age; and
(b) evidence is produced in respect of
the seatbelt offence, in
accordance with section 56E,
from a photographic detection
device; and
(c) the seatbelt offence so charged
does not apply in respect of the
passenger due to the age of the
passenger -
the defendant may be found guilty of
another seatbelt offence if the evidence
in the proceedings establishes that the
other seatbelt offence applies in respect
of the age of the passenger.
(2) If -
(a) a defendant in proceedings for a
portable device offence is
charged with an offence that
16
Vehicle and Traffic Amendment (Driver Distraction and Speed
Enforcement) Act 2022
Act No. of 2022
Part 2 - Vehicle and Traffic Act 1999 Amended s. 11
relates to a licence of a particular
kind or class; and
(b) evidence is produced in respect of
the portable device offence, in
accordance with section 56E,
from a photographic detection
device; and
(c) the portable device offence so
charged does not apply to the
defendant due to the kind of
licence, or class of licences, held
by the defendant -
the defendant may be found guilty of
another portable device offence if the
evidence in the proceedings establishes
that the other portable device offence
applies in respect of the kind of licence,
or class of licences, held by the
defendant.
(3) For the avoidance of doubt, if a
defendant is found guilty of another
offence under this section, the number of
demerit points to be awarded in respect
of the finding of guilt is the number of
demerit points for the other offence.
11. Section 56F amended (Authorisation of persons to
install and operate photographic detection devices)
Section 56F(1) of the Principal Act is amended
as follows:
17
Vehicle and Traffic Amendment (Driver Distraction and Speed
Enforcement) Act 2022
Act No. of 2022
s. 12 Part 2 - Vehicle and Traffic Act 1999 Amended
(a) by omitting "A senior police officer" and
substituting "The Commission, or a
senior police officer,";
(b) by omitting "person" and substituting
"person, in writing,".
12. Section 67 amended (Evidentiary certificates)
Section 67 of the Principal Act is amended by
inserting after subsection (2C) the following
subsection:
(2D) A certificate signed by the Commission,
or a senior police officer, certifying that a
specified police officer, or person, was
authorised at a specified time to install or
operate, or install and operate,
photographic detection devices is
admissible in legal proceedings as
evidence of the fact so certified and, in
the absence of evidence to the contrary,
as proof of that fact.
18
Vehicle and Traffic Amendment (Driver Distraction and Speed
Enforcement) Act 2022
Act No. of 2022
Part 3 - Traffic Act 1925 Amended s. 13
PART 3 - TRAFFIC ACT 1925 AMENDED
13. Principal Act
In this Part, the Traffic Act 1925* is referred to
as the Principal Act.
14. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting after the definition of horses the
following definition:
issuing authority, in relation to a notice of
demand or traffic infringement notice,
includes -
(a) the Police Service; and
(b) a police officer; and
(c) an authorised officer;
15. Section 43G amended (Notice of demand)
Section 43G of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "A
police officer or an authorised officer"
and substituting "An issuing authority";
_______________________________________________________________
*No. 38 of 1925
19
Vehicle and Traffic Amendment (Driver Distraction and Speed
Enforcement) Act 2022
Act No. of 2022
s. 16 Part 3 - Traffic Act 1925 Amended
(b) by omitting from subsection (1) "officer"
third occurring and substituting "issuing
authority";
(c) by omitting from subsection (2)(c) "a
police officer, or an authorised officer"
and substituting "the issuing authority
specified on the notice".
16. Section 43GB amended (Withdrawal of notice of
demand)
Section 43GB(2)(a) of the Principal Act is
amended by omitting "a police officer" first
occurring and substituting "the Police Service or
a police officer".
17. Section 43H amended (Traffic infringement notices)
Section 43H(1) of the Principal Act is amended
as follows:
(a) by omitting "a police officer or an
authorised officer" and substituting "an
issuing authority";
(b) by omitting "he" and substituting "the
issuing authority".
18. Section 43HA amended (Notification of driver by
statutory declaration)
Section 43HA(1) of the Principal Act is
amended by omitting "relevant police officer or
20
Vehicle and Traffic Amendment (Driver Distraction and Speed
Enforcement) Act 2022
Act No. of 2022
Part 3 - Traffic Act 1925 Amended s. 19
authorised officer" and substituting "issuing
authority specified on the notice".
19. Section 43L amended (Service of notices)
Section 43L(1AA) of the Principal Act is
amended by omitting "red light offence or
speeding offence" and substituting "red light
offence, speeding offence, portable device
offence, seatbelt offence or registration offence".
21
Vehicle and Traffic Amendment (Driver Distraction and Speed
Enforcement) Act 2022
Act No. of 2022
s. 20 Part 4 - Miscellaneous
PART 4 - MISCELLANEOUS
20. Repeal of Act
This Act is repealed on the first anniversary of
the day on which this Act commenced.