Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 120C

120C Application of maximum speed limit if variable speed limit

(1) This section applies to a proceeding for a prescribed offence in which the speed at which a motor vehicle travelled is relevant if—

(a) under section 120 , the prosecution intends to rely on an image or video made by a photographic detection device as evidence of the speed of a vehicle on a length of road; and

(b) the speed limit applying to the length of road is indicated by a variable speed limit sign.

(2) This section also applies to a proceeding for a prescribed offence in which the speed at which a motor vehicle travelled is relevant if—

(a) the prosecution intends to rely on section 120B for deciding the speed limit applying to a length of road; and

(b) the speed limit applying to 1 or more parts of the length of road is indicated by a variable speed limit sign.

(3) For the proceeding and for applying section 120B , the speed limit for the length of road, or the part of the length of road, is taken to be—

(a) the speed limit indicated by the variable speed limit sign; or

(b) if it is not reasonably practicable to verify the speed limit indicated by the variable speed limit sign—the speed limit that would apply to the length of road, or the part of the length of road, if the speed limit were not indicated by the variable speed limit sign.

Example of circumstances in which paragraph (b) may apply—

A variable speed limit sign changes during the course of a day and it is not possible to verify what speed limit was indicated by the sign at the particular time of that day depicted in the image or video made by the photographic detection device.

(4) In this section—

"variable speed limit sign" means a speed limit sign or area speed limit sign that is a variable illuminated message sign within the meaning given by the Queensland Road Rules.