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ROAD TRANSPORT ACT 2013 - SECT 183

Definitions

183 Definitions

(cf Gen Act, s 179(12))

(1) In this Division--

"appropriate approved traffic enforcement device" for a camera recorded offence means--
(a) in the case of a public transport lane offence--an approved traffic enforcement device that is approved for traffic lane use detection, or
(b) in the case of a traffic light offence--an approved traffic enforcement device that is approved for red traffic light detection, or
(c) in the case of a speeding offence where the average speed of a vehicle is relied on--an approved traffic enforcement device that is approved for average speed detection, or
(d) in the case of a speeding offence where the average speed of the vehicle is not relied on--an approved traffic enforcement device that is approved for excess speed imaging, or
(e) in the case of an unauthorised vehicle use offence--an approved traffic enforcement device or approved toll camera (within the meaning of section 250A of the Roads Act 1993 ) that has taken a photograph which may be tendered in evidence under section 139 in proceedings for such an offence, or
(f) in the case of a dimension offence--an approved traffic enforcement device that is approved for dimension imaging, or
(g) in the case of a mobile phone use offence--an approved traffic enforcement device that is approved for mobile phone use offences or approved toll camera (within the meaning of section 250A of the Roads Act 1993 ) that has taken a photograph which may be tendered in evidence under section 139A in proceedings for such an offence.

"average speed detected offence" means a speeding offence involving a heavy vehicle in respect of which the penalty notice or the court attendance notice indicates that the average speed of the vehicle was calculated from information recorded by appropriate approved traffic enforcement devices for the offence.

"camera recorded offence" means any of the following--
(a) a public transport lane offence in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by the appropriate approved traffic enforcement device for the offence,
(b) a traffic light offence in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by the appropriate approved traffic enforcement device for the offence,
(c) an average speed detected offence,
(d) a speeding offence (other than an average speed detected offence) in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by the appropriate approved traffic enforcement device for the offence,
(e) a speeding offence (other than an average speed detected offence) in respect of which--
(i) the penalty notice or the court attendance notice indicates that the offence was detected by an approved traffic enforcement device that is approved for speed measurement, and
(ii) the number-plate of the vehicle concerned was recorded by a police officer using photographic or video equipment approved by the Commissioner of Police for the purposes of this paragraph,
(f) an unauthorised vehicle use offence in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by an appropriate approved traffic enforcement device for the offence,
(g) a dimension offence in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by an appropriate approved traffic enforcement device for the offence,
(h) a mobile phone use offence in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by an appropriate approved traffic enforcement device for the offence.

"court attendance notice" means--
(a) in relation to proceedings for an offence commenced in the Local Court--a court attendance notice within the meaning of the Criminal Procedure Act 1986 issued in respect of the person alleged to have committed the offence, and
(b) in relation to proceedings for an offence commenced in the Supreme Court in its summary jurisdiction--an application for an order under section 246 of the Criminal Procedure Act 1986 in respect of the person alleged to have committed the offence.

"designated offence" means--
(a) a camera recorded offence, or
(b) a parking offence.

"detection points" , in relation to an average speed detected offence, has the same meaning as in Division 3 of Part 5.3.

"nomination details" of a person means--
(a) the person's name, address and date of birth, and
(b) the number of the person's Australian driver licence or foreign driver licence, and
(c) if a person holds a foreign driver licence--the jurisdiction that issued the foreign driver licence.

"parking offence" means any offence of standing or parking a motor vehicle or trailer or of causing or permitting a motor vehicle or trailer to stand, wait or be parked in contravention of the statutory rules.

"prosecutor" has the same meaning as in the Criminal Procedure Act 1986 .

"relevant nomination document" means--
(a) in the case of a responsible person issued with a penalty notice in relation to a designated offence--an approved nomination document under section 189(1), or
(b) in the case of a responsible person issued with a court attendance notice in relation to a designated offence--a statutory declaration.
Note : A person (other than the responsible person) who was in charge of a vehicle at the time a designated offence occurred may provide an approved nomination document or statutory declaration.

"unauthorised vehicle use offence" does not include an unauthorised vehicle use offence where it is alleged that the offender merely caused, permitted or otherwise allowed a vehicle to be driven or used.
(2) Words, terms and expressions used in this Division that are defined for the purposes of Part 5.3 or Division 5 of that Part have the same meanings as in that Part or Division.
Note : See, in particular, sections 121 and 135.



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