Victorian Current Acts

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ROAD SAFETY ACT 1986 - SECT 80B

Certain matters related to portable devices indicated by prescribed road safety cameras are evidence

    (1)     This section applies if, in a proceeding for an offence to which section 66 applies, the fact that the driver of a motor vehicle was, while the vehicle was moving or stationary but not parked, touching a portable device, or had a portable device resting on their body or on clothes being worn by them or on an item in their lap (the  relevant fact ), on any occasion (the relevant occasion ) is relevant in the proceeding.

    (2)     Evidence of the relevant fact as indicated or determined on the relevant occasion by—

        (a)     a prescribed road safety camera when used in the prescribed manner; or

        (b)     an image or message produced by a prescribed road safety camera or a prescribed process, when used in the prescribed manner—

is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the relevant fact on the relevant occasion.

    (3)     In this section—

"park" has the same meaning as in the Road Rules;

"portable device" has the same meaning as in the Road Rules;

"touching" has the same meaning as in the Road Rules.

S. 80C inserted by No. 18/2022 s. 3.



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