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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Road Traffic (Traffic Speed Analysers) Amendment
Bill 2011
A BILL FOR
An Act to amend the Road
Traffic Act 1961.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Road Traffic
Act 1961
3Insertion of sections 54 to
58
54Operation of traffic speed
analysers
55Admissibility of evidence obtained by traffic speed
analyser
56Withdrawal of inaccurate traffic
speed analysers from service
57Withdrawal of expiation
notices
58Records
relating to traffic speed analysers
4Amendment of section
175—Evidence
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Road Traffic (Traffic Speed Analysers)
Amendment Act 2011.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Road Traffic
Act 1961
3—Insertion
of sections 54 to 58
After section 53B insert:
54—Operation of traffic speed
analysers
(1) For the purposes of this or any other Act, a traffic speed analyser
must be operated in accordance with the following provisions:
(a) the traffic speed analyser must, at the relevant time, be operated in
accordance with the prescribed standards;
(b) the traffic speed analyser must not be operated in relation to
vehicles that are, at the relevant time, more than—
(i) if the traffic speed analyser is being operated in relation to a road
with a speed limit of not more than 80 km/h—300 metres away from the
traffic speed analyser; or
(ii) if the traffic speed analyser is being operated in relation to a road
with a speed limit of more than 80 km/h—800 metres away from the traffic
speed analyser;
(c) the traffic speed analyser must not be operated in contravention of
section 56;
(d) the operation of the traffic speed analyser must comply with any other
requirements set out in the regulations relating to the operation of traffic
speed analysers.
(2) For the purposes of this section, if there is an inconsistency between
the provisions of 2 or more prescribed standards—
(a) if the inconsistency is between regulations made under
subsection (3)(d)
and any other prescribed standard—the regulations will prevail to the
extent of the inconsistency;
(b) if the inconsistency is between an Australian Standard and an order
referred to in
subsection (3)(c)—the
Australian Standard will prevail to the extent of the inconsistency;
(c) if the inconsistency is between a recommendation referred to in
subsection (3)(b)
and an order referred to in
subsection (3)(c)—the
recommendation will prevail to the extent of the inconsistency.
prescribed standards—each of the following is a
prescribed standard:
(a) any Australian Standard applicable to a traffic speed analyser of the
relevant kind;
(b) any recommendation
(whether contained in a users manual or otherwise) of the manufacturer of the
traffic speed analyser regarding the use of traffic speed analysers of the
relevant kind;
(c) any general or
specific order related to the use of traffic speed analysers made by the
Commissioner of Police under the Police
Act 1998 or any other Act or law;
(d) any other
standard (however described) prescribed by the regulations for the purposes of
this definition.
55—Admissibility of evidence obtained by traffic
speed analyser
(1) Despite a provision
of this or any other Act, no evidence obtained or purportedly obtained by the
use of a traffic speed analyser can be adduced (whether by certificate or
otherwise) in proceedings for an offence against this or any other Act
unless—
(a) the traffic speed
analyser was, at the relevant time, being operated in accordance with
section 54; and
(b) the traffic speed
analyser had, within such period preceding the relevant time as may be
recommended by the manufacturer of the analyser or 12 months (whichever is the
shorter), been calibrated in accordance with the following provisions:
(i) the calibration was carried out in accordance with—
(A) if an Australian Standard sets out requirements in respect of the
testing and calibration of a traffic speed analyser of the relevant
kind—that Australian Standard; or
(B) in any other case—any requirements set out in the
regulations;
(ii) the person or body carrying out the calibration must hold a current
National Association of Testing Authorities accreditation appropriate to the
carrying out of such calibration;
(iii) any instrument or device used to calibrate the traffic speed
analyser is the subject of a certificate issued under regulation 13 of the
National Measurement Regulations 1999 of the Commonwealth;
(iv) if the traffic speed analyser is calibrated or tested by being
operated in respect of a particular distance—that distance has been
certified by a person (other than a member of SA Police) who is appropriately
qualified to certify as to the accuracy of such measurements;
(v) the calibration was carried out in accordance with any other
requirement set out in the regulations; and
(c) a certificate
purporting to be signed by a police officer of or above the rank of inspector
and certifying that the relevant traffic speed analyser had been tested and
calibrated in accordance with this section on a specified day and was shown by
the testing and calibration to be accurate to the extent indicated in the
document (a compliance certificate) is tendered to the
court.
(2) The regulations may make further provisions in respect of the
preparation and contents of a compliance certificate.
(3) To avoid doubt, the onus is on the person seeking to adduce the
evidence obtained or purportedly obtained by the use of a traffic speed analyser
to prove the matters required under
subsection (1)(a)
and
(b).
(4) In proceedings
for an offence against this Act, a compliance certificate constitutes, in the
absence of proof to the contrary, proof of the facts certified and that the
traffic speed analyser was accurate to that extent on the day on which it was so
tested and, for the purpose of measuring the speed of any motor
vehicle—
(a) in the case of a traffic speed analyser that was, at the time of
measurement, mounted in a fixed housing—during the period of 27 days
immediately following that day; or
(b) in any other case—on the day following that day,
whether or not the speed measured differed from the speed in relation to
which the analyser was tested or the circumstances of the measurement differed
in any other respect from the circumstances of the test.
(5) For the purposes of
subsection (4),
a traffic speed analyser will be taken to have been mounted in a fixed housing
at the time of measuring the speed of a motor vehicle if it was, at that time,
mounted in or on a structure that was affixed to the ground.
56—Withdrawal of inaccurate traffic speed analysers
from service
(1) Despite a provision
of this or any other Act, the Commissioner of Police must withdraw from service
a traffic speed analyser that is, during a calibration of any kind, found to be
inaccurate by more than the margin specified by the regulations for the purposes
of this subsection.
(2) A traffic speed analyser may not be returned to service until it has
been recalibrated in accordance with this Act and found to be
accurate.
57—Withdrawal of expiation
notices
(1) This section applies to an expiation notice given for, or in relation
to, an offence against this or any other Act detected by a traffic speed
analyser—
(a) if the traffic speed analyser was not, at the time the offence was
detected, being operated in accordance with
section 54; or
(b) if the traffic speed analyser was, during the first calibration
following the day on which the offence was detected, found to be inaccurate by
more than the margin specified by the regulations for the purposes of
section 56(1);
or
(c) in any other circumstances prescribed by the regulations.
(2) Despite a
provision of this Act or the Expiation
of Offences Act 1996, the Commissioner of Police must withdraw an
expiation notice to which this section applies.
(3) An expiation notice may be withdrawn under this section despite
payment of an expiation fee or an instalment, but in that event the amount paid
must be refunded.
(4) The withdrawal of an expiation notice under this section is effected
by giving written notice of the withdrawal, personally or by post, to the person
to whom the expiation notice was given.
(5) If an expiation notice is withdrawn under this
section—
(a) the Commissioner of Police must, if a certificate has been sent to the
Court under the Expiation
of Offences Act 1996 for enforcement of the notice, inform the
Court of the withdrawal of the notice; and
(b) any enforcement order made under the Expiation
of Offences Act 1996 in respect of the notice and all subsequent
orders made under Division 3 of Part 9 of the Criminal
Law (Sentencing) Act 1988 will be taken to have been
revoked.
58—Records relating to traffic speed
analysers
(1) Despite a provision of this or any other Act or law, the Commissioner
of Police must cause a copy of the following documents to be kept in relation to
each kind of traffic speed analyser used by SA Police:
(a) each prescribed standard (within the meaning of
section 54);
(b) any user's guide and manual of technical data (however described)
published by the manufacturer of the traffic speed analyser.
(2) Despite a provision
of this or any other Act or law, the Commissioner of Police must cause a record
of each calibration of a traffic speed analyser to be kept that—
(a) identifies the traffic speed analyser; and
(b) identifies the person who calibrated the analyser; and
(c) identifies the location where the calibration was performed;
and
(d) sets out the date and time of the calibration; and
(e) sets out the date and time of the preceding calibration (if any);
and
(f) sets out the results of the calibration (including any errors or
inaccuracy detected in the calibration); and
(g) identifies—
(i) any instrument or device used in the calibration; and
(ii) the results of the most recent calibration of that instrument or
device prior to such use; and
(iii) if the traffic speed analyser is calibrated or tested by being
operated in respect of a particular distance—when, and by whom, the
accuracy of that distance was last certified (other than by a member of SA
Police) prior to the calibration; and
(h) sets out any other information required by the regulations.
(3) A document or
record required to be kept under this section—
(a) must be kept available for inspection by any person during ordinary
office hours at a place or places determined by the Commissioner of Police;
and
(b) may be published and made available to the public on a website
determined by the Commissioner of Police.
(4) A person may,
on payment of the prescribed fee, obtain a copy of any document or record
required to be kept under this section.
4—Amendment
of section 175—Evidence
(1) Section 175(3)(ba)—delete paragraph (ba)
(2) Section 175(4)—delete subsection (4)