New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 134

134 Approval of devices by Governor

(cf STM Act, ss 44, 45, 47A, 56, 57A and 57C)

(1) The Governor may, by order published in the Gazette, approve types of devices (or combinations of types of devices) as being designed for any one or more of the following uses--

(a) measuring the speed at which a vehicle is travelling (whether or not the vehicle concerned is also photographed),

(b) photographing a vehicle that is driven in excess of a speed limit applicable to a length of road,

(c) photographing a vehicle at a point during its journey between different points on a road for use in calculating the vehicle's average speed between those points,

(d) photographing a vehicle that is driven in contravention of a traffic light signal displaying a red circle or a red arrow,

(e) photographing a vehicle that is driven in a traffic lane on a road,

(f) measuring the dimensions of a vehicle (whether or not the vehicle concerned is also photographed),

(g) photographing a vehicle that is driven in contravention of a maximum dimension requirement,

(h) photographing the driver of a vehicle using a mobile phone in contravention of the statutory rules.

Note : The Governor may amend, rescind, revoke or repeal an order made under this section. See section 43 of the Interpretation Act 1987 and the definition of
"repeal" in that Act.

(2) A camera device may not be approved for use under this section unless the device is capable of recording the following information on or with any photograph taken by the device--

(a) the date on which the photograph is taken,

(b) the time and location at which the photograph is taken,

(c) the direction in which the vehicle activating the camera device is travelling (that is, towards or away from the device),

(d) in the case of a device that photographs a vehicle that is driven in excess of the speed limit at a particular point on a length of road--

(i) the speed at which the vehicle is travelling, and

(ii) the speed limit that applies to the length of road at which the photograph is taken,

(e) in the case of a device that photographs a vehicle driven in contravention of a traffic light signal--

(i) the lane in which the vehicle activating the camera device is travelling, and

(ii) the interval during which a red circle or red arrow has been continuously displayed by the traffic light signal immediately before the photograph is taken,

(f) in the case of a device that photographs a vehicle that is driven in a traffic lane--

(i) the lane in which a vehicle activating the camera device is travelling, and

(ii) the kind of traffic lane in which a vehicle activating the camera device is travelling,

(f1) in the case of a device that photographs a vehicle that is driven in contravention of a maximum dimension requirement--

(i) the maximum dimension requirement applicable to the vehicle on the length of road on which it is travelling, and

(ii) the dimension of the vehicle to which that requirement relates,

(f2) in the case of a device that photographs the driver of a vehicle using a mobile phone in contravention of the statutory rules--the registration number of the vehicle,

(g) such other information as may be prescribed by the statutory rules (whether generally or for a specified kind of device or enforcement use).

(3) The Minister may not recommend the making of an order by the Governor under this section approving the use of a device for measuring the speed at which a vehicle is travelling (other than an average speed) without the concurrence of the Attorney General.