Motor Traffic Regulations Amendment (ACT)
Motor Traffic Regulations Amendment
Subordinate Law 1999 No 22
The Australian Capital Territory Executive makes the following regulations under the Motor Traffic Act 1936.
Dated 29 September 1999.
brendan smyth
Minister
gary humphries
Minister
Motor Traffic Regulations Amendment
Subordinate Law 1999 No 22
made under the
Motor Traffic Act 1936
CONTENTS
Regulation Page
1............ Commencement................................................................................................. 1
2............ Regulations amended........................................................................................ 1
3............ Insertion—
PART 4B—PARKING INFRINGEMENTS
26C........ Prescribed penalties................................................................. 1
PART 4C—INFRINGEMENT NOTICES
26D........ Infringement notice offences and penalties......................... 1
26E........ Administering authority.......................................................... 2
26F........ Authorised persons for infringement notices....................... 2
26G........ Authorised persons for reminder notices.............................. 2
26H........ Persons authorised for infringement notices etc to
have unique number................................................................. 2
26I........ Period for service of certain infringement notices.............. 2
26J........ Identifying particulars for vehicle for infringement
notice offence involving a vehicle......................................... 3
26K........ Identifying particulars for animal for infringement
notice offence involving an animal....................................... 3
26L........ Identifying particulars for authorised person for infringement notice offence 4
26M........ Person to whom administering authority may delegate.... 4
PART 4D—DEMERIT POINTS
26N........ Demerit points........................................................................... 4
26O........ Demerit points—declared holiday periods........................... 5
PART 4E—TRAFFIC OFFENCE DETECTION
DEVICES26P........ Definitions for Pt 4E................................................................ 5
26Q........ Approved traffic offence detection devices......................... 6
26R........ Major testing of traffic offence detection devices.............. 6
26S........ Maintenance of traffic offence detection devices............... 7
26T........ Use of traffic offence detection devices............................... 7
26U........ Approved people—testing and sealing................................. 8
26V........ Approved people—maintenance........................................... 9
26W........ Approved people—use............................................................ 9
26X........ Meaning of codes on images.................................................. 9
26Y........ Exemptions for people using traffic offence detection devices 9
26Z........ Modification of Pt 15 of the Act............................................ 10
4............ Repeal................................................................................................................... 11
5............ Schedule 1............................................................................................................ 11
6............ Insertion of new Schedule—
SCHEDULE 3
LOCATION CODES FOR CAMERAS..................................... 13
Commencement
This regulation and regulation 2 commence on the day these regulations are notified in the Gazette.
The remaining provisions commence on the commencement of section 11 of the Motor Traffic (Amendment) Act (No 2) 1999.
Regulations amended
These regulations amend the Motor Traffic Regulations1934.
Insertion
After Part IVA the following Parts are inserted:
Part 4B—“PARKING INFRINGEMENTS
Prescribed penalties“26C
For subsection 149 (1) of the Act, the amount mentioned in an item of Part 1 of Schedule 1 is the prescribed penalty for the parking infringement that is described in the item and a contravention of the provision of the Act mentioned in the item.
part 4C—infringement notices“
Infringement notice offences“26D and penalties
Each of the following offences is an offence to which Part 11A of the Act applies (an infringement notice offence):
(a)an offence against the Act that is described in an item of Part 2 of Schedule 1 and is a contravention of the provision of the Act mentioned in the item;
(b)an offence against these regulations that is described in an item of Part 3 of Schedule 1 and is a contravention of the provision of these regulations mentioned in the item;
(c)an offence against the Traffic Act 1937 that is described in an item of Part 4 of Schedule 1 and is a contravention of the provision of that Act mentioned in the item.
The penalty payable by an individual under an infringement notice for an infringement notice offence is the amount mentioned in the item of Part 2, 3 or 4 of Schedule 1 applying to the offence.
The penalty payable by a body corporate under an infringement notice for an infringement notice offence is 5 times the amount mentioned in the item of Part 2, 3 or 4 of Schedule 1 applying to the offence.
The cost of serving a reminder notice for an infringement notice offence is $34.
Administering authority“26E
The administering authority for every infringement notice offence is the chief police officer.
Authorised persons for infringement notices“26F
A police officer may serve an infringement notice for any infringement notice offence.
Authorised persons for reminder notice“26Gs
A police officer may serve a reminder notice for any infringement notice offence.
Persons authorised for infringement notices etc to have unique number“26H
The administering authority for an infringement notice offence must give a unique number to each person who is authorised by the administering authority to serve infringement or reminder notices for the offence.
Period for service of certain infringement notice“26Is
An infringement notice for a camera-detected offence may only be served under section 180E (Service of infringement notices on vehicle owners) of the Act within 28 days after the day the offence was committed.
Identifying particulars for vehicle for infringement notice offence involving a vehicle“26J
For paragraph 180F (1) (e) of the Act, the identifying particulars for a vehicle are the following:
(a)any registration number;
(b)body type;
(c)the registration expiry date shown on any registration label;
(d)if relevant to the offence—the number of passengers in the vehicle.
However, if there is not a numberplate or registration label on the vehicle and a vehicle or engine identification number for the vehicle is known, the vehicle or engine identification number may be stated instead of particulars mentioned in paragraph (1) (a) or (c).
For a camera-detected offence, paragraphs (1) (c) and (d) do not apply if it is not possible to decide those particulars from the image taken by the traffic offence detection device.
Identifying particulars for animal for infringement notice offence involving an animal“26K
For paragraph 180F (1) (f) of the Act, the identifying particulars for an animal are the following:
(a)species;
(b)breed;
(c)colour;
(d)sex;
(e)age;
(f)any identification or registration tags;
(g)any collars;
(h)any brands or tattoo;
(i)any electronically coded implant;
(j)any marks or scars;
(k)any other noticeable distinguishing marks or features.
Identifying particulars for authorised person for infringement notice offence“26L
For paragraph 180F (1) (i) of the Act, the identifying particular for an authorised person who is a police officer is the service number of the police officer.
For paragraph 180F (1) (i) of the Act, the identifying particular for an authorised person who is authorised by the administering authority for an infringement notice offence to serve infringement or reminder notices for the offence is the unique number given to the person by the administering authority under regulation 26H.
Person to whom administering authority may delegate“26M
For subsection 180MT (1) of the Act, a person to whom the administering authority may delegate its powers under the Act is the registrar.
part 4D—demerit points“
Demerit points“26N
For section 180NB of the Act, an offence is a prescribed offence if—
(a)it is an offence against the Act that is described in an item of Part 2 of Schedule 1 and is a contravention of the provision of the Act mentioned in the item; and
(b)the item mentions a number of demerit points.
For section 180NB of the Act, the prescribed number of demerit points for a prescribed offence is the number of demerit points mentioned in the item of Part 2 of Schedule 1 applying to the prescribed offence.
For subsection 180NB (1) of the Act, the prescribed number of demerit points for a corresponding offence is the number of demerit points mentioned in the item of Part 2 of Schedule 1 applying to the prescribed offence that corresponds to the corresponding offence.
This regulation has effect subject to regulation 26O.
Demerit points—declared holiday periods“26O
For section 180NB of the Act, the prescribed number of demerit points incurred for a prescribed offence that is committed, or alleged to have been committed, during a declared holiday period is—
(a)if item 106, 108, 109, 110, 111, 112 or 113 of Part 2 of Schedule 1 applies to the offence—double the number of demerit points mentioned in the item; or
(b)if any other item of Part 2 of Schedule 1 applies to the offence—1 more than the number mentioned.
The Minister may, by notice in the Gazette, declare that a stated period is a holiday period for this regulation.
A notice under subregulation (2) is a disallowable instrument for section 10 of the Subordinate Laws Act 1989.
Part 4E—Traffic offence detection devices“
Definitions for Pt 4E“26P
In this Part—
digital camera detection device means the camera detection device known as LaserCam 2000.
laser speed measuring device means a speed measuring device known as—
(a)Laser Technology Inc. LTI 20-20 Marksman; or
(b)Laser Technology Inc. LTI 20-20 Ultralyte.
radar speed measuring device means a speed measuring device known as—
(a)Applied Concepts Inc. Stalker Dual; or
(b)AWA Slant Radar Model 449; or
(c)Kustom Signals KR-10SP; or
(d)Kustom Signals KR-11; or
(e)Kustom Signals, Inc. Silver Eagle; or
(f)Fairey Slant Radar Model 456.
testing authority means—
(a)a department of electrical or electronic engineering at a university in Australia; or
(b)the Division of Applied Physics, Commonwealth Scientific and Industrial Research Organisation; or
(c)the Support Services Division, British Aerospace Australia Limited.
Approved traffic offence detection devices“26Q
For the definition of approved camera detection device in section 180ZD of the Act, the digital camera detection device is approved.
For the definition of approved speed measuring device in section 180ZD of the Act, each laser speed measuring device and radar speed measuring device is approved.
Major testing of traffic offence detection devices“26R
A digital camera detection device, laser speed measuring device and radar speed measuring device must be tested in accordance with this regulation at least once in every 12 months.
The test must be carried out by a person approved under regulation 26U.
The testing of a digital camera detection device or laser speed measuring device must find out whether the device—
(a)is operating in accordance with the manufacturer’s specifications; and
(b)is accurate within a tolerance of plus or minus 2 kilometres per hour.
The testing of a radar speed measuring device must find out whether the device is operating in accordance with Australian Standard 2898.1-2.
If the test establishes the matters mentioned in subregulation (3) or (4), the person who carried out the test must—
(a)sign a certificate to that effect; and
(b)if a seal on the device has been damaged or removed—seal the device.
A test mentioned in this regulation may be carried out before the commencement of this regulation, and a certificate mentioned in paragraph (5) (a) may be signed for such a test before the commencement.
Maintenance of traffic offence detection devices“26S
A traffic offence detection device must be maintained in accordance with the manufacturer’s instructions by a person who is approved under regulation 26V.
Use of traffic offence detection devices“26T
A digital camera detection device must be used by an operator by doing the following operations in accordance with the manufacturer’s instructions for the device:
(a)testing the laser speed measuring component of the device at the beginning of each continuous period of use by carrying out the following checks:
(i)an instrument confidence check;
(ii)a calibration verification check;
(iii)a scope alignment check;
(b)activating the device;
(c)operating the device;
(d)testing the laser speed measuring component of the device at the end of each continuous period of use by carrying out the checks mentioned in paragraph (a).
However, after the operator of a digital camera detection device has carried out the operations mentioned in paragraphs (1) (a) and (b), the device may operate unattended.
A laser speed measuring device must be used by an operator by doing the following operations in accordance with the manufacturer’s instructions for the device:
(a)testing the device at the beginning of each continuous period of use by carrying out the following checks:
(i)an instrument confidence check;
(ii)a calibration verification check;
(iii)a scope alignment check;
(b)activating the device;
(c)operating the device;
(d)testing the device at the end of each continuous period of use by carrying out the checks mentioned in paragraph (a).
A radar speed measuring device must be used as follows:
(a)at the beginning of each continuous period of use by an operator, the device must be tested by the operator against a motor vehicle’s accurate speedometer and must be found to be accurate within a tolerance of 2 kilometres per hour;
(b)at the end of each continuous period of use by an operator and, if the period is longer than 9 hours, also after 9 hours, the device must be tested by the operator against the same speedometer and must be found to be accurate within a tolerance of 2 kilometres per hour;
(c)the device must also be used in accordance with the manufacturer’s instructions.
In this regulation—
operator means a person approved to use a traffic offence detection device under regulation 26W.
Approved people—testing and sealing“26U
The following people are approved to test and seal traffic offence detection devices:
(a)for a laser speed measuring device or digital camera detection device—a person employed by a testing authority if the person in charge of the testing authority is satisfied the person is competent to carry out testing and sealing in accordance with the manufacturer’s specifications;
(b)for a radar speed measuring device—a person employed by a testing authority if the person in charge of the testing authority is satisfied the person is competent to carry out testing in accordance with Australian Standard 2898.1-2.
Approved people—maintenance“26V
Each police officer is approved to maintain any traffic offence detection device.
The registrar may approve a person who is not a police officer to maintain digital camera detection devices.
The registrar may only approve a person under subregulation (2) if the registrar is satisfied that the person has appropriate qualifications to maintain, or experience in the maintenance of, digital camera detection devices.
Approved people—use“26W
Each police officer is approved to use any traffic offence detection device.
The registrar may approve a person who is not a police officer to use digital camera detection devices.
The registrar may only approve a person under subregulation (2) if the registrar is satisfied that the person has appropriate qualifications to operate, or experience in the operation of, digital camera detection devices.
Meaning of codes on images“26X
On an image produced by a digital camera detection device, the code—
SLS, (or site location speed) as a prefix, means that the code immediately following is the code for the place where the image was taken.
On an image produced by a digital camera detection device, the code following the prefix SLS has the meaning set out in Schedule 3.
Exemptions for people using traffic offence detection devices“26Y
This regulation applies to a person who is approved to use traffic offence detection devices.
The following provisions of the Act do not apply to the person in respect of a vehicle being used by the person in the course of his or her duty as a person approved to use traffic offence detection devices if, in the circumstances, the person is taking reasonable care and it is reasonable that the provision should not apply:
(a)subsection 151 (1) (which is about stopping or parking a vehicle other than on the carriageway of a public street);
(b)subsection 151 (2) (which is about stopping or parking a vehicle other than on the left side of a carriageway);
(c)subsection 151 (3) (which is about stopping or parking a vehicle on a one-way street or in a loading area);
(d)subsection 152 (1) (which is about parking a vehicle on a street contrary to a no parking sign);
(e)subsection 152 (3) (which is about parking a vehicle on a street for longer than the time limit on a parking sign);
(f)subsection 155 (1) (which is about parking a vehicle in a public place contrary to a no parking sign);
(g)subsection 155 (3) (which is about parking a vehicle in a public place for longer than the time limit on a parking sign);
(h)paragraph 158 (1) (ea) (which is about stopping or parking a vehicle on a traffic island or median strip);
(i)paragraph 158 (2) (c) (which is about stopping or parking a vehicle on a kerbed street other than on the carriageway or a parking area).
Modification of “26ZPt 15 of the Act
Part 15 of the Act is modified by inserting the following section after section 227:
Service of infringement notices etc‘227A
‘(1) Despite paragraph 180F (1) (b), an infringement notice served under section 180D may state the date of issue of the notice instead of the date of service of the notice.
‘(2) If an infringement notice states the date of issue of the notice—
(a)the notice must be served on the person to whom it is addressed, or posted by prepaid post to the person to whom it is addressed, on the date of issue; and
(b)sections 180G to 180MF (inclusive) apply in relation to the notice as if a reference to 28 days after the day the notice is served on the person were a reference to 35 days after the date of issue.
‘(3) Despite paragraph 180F (1) (d), an infringement notice served under section 180D need not state the law or the provisions of the law contravened by the person to whom the notice is addressed.’
This regulation ceases to have effect on 1 December 1999.”.
Repeal
Regulations 32 and 33 are repealed.
Schedule 1
The heading to Schedule 1 is omitted and the following heading substituted:
“SCHEDULE 1 (See regs 26C, 26D,
26N, 26O)
parking infringements and infringement notice offences”.
The heading to Part I of Schedule 1 is omitted and the following heading substituted:
“Part 1—motor traffic act 1936—parking infringements and penalties”.
The heading to Part II of Schedule 1 is omitted and the following heading substituted:
“Part 2—motor traffic act 1936—infringement notice offences, penalties and demerit points”.
The heading to Part III of Schedule 1 is omitted and the following heading substituted:
“Part 3—motor traffic regulations 1934—infringement notice offences and penalties”.
The heading to Part IV of Schedule 1 is omitted and the following heading substituted:
“Part 4—traffic Act 1937—infringement notice offences and penalties”.
Schedule 1 is amended by omitting items 1, 2 and 3 from Part 4 and substituting the following items:
| 1 | subsection 6C (1) | person at least 18 years old riding bicycle without wearing an appropriately adjusted approved helmet | 43 |
| 2 | subsection 6C (2) | cyclist at least 18 years old carrying passenger under 14 years old not wearing an appropriately adjusted approved helmet | 43 |
| 3 | subsection 6C (3) | passenger at least 18 years old on bicycle not wearing an appropriately adjusted approved helmet | 43 |
Insertion of new Schedule
After Schedule 2 the following Schedule is inserted:
SCHEDULE 3 (See reg 26X)
location codes for Cameras
| code | place where image was taken |
| SLS 0001 | Adelaide Avenue between Hopetoun Circuit and Kent Street |
| SLS 0002 | Antill Street between Northbourne Avenue and Federal Highway |
| SLS 0003 | Athllon Drive between Beasley Street and Sulwood Drive |
| SLS 0004 | Belconnen Way between Barry Drive and Coulter Drive |
| SLS 0005 | Bowen Drive between Brisbane Avenue and Kings Avenue |
| SLS 0006 | Coppins Crossing Road between Uriarra Road and William Hovell Drive |
| SLS 0007 | Drakeford Drive between Sulwood Drive and Athllon Drive |
| SLS 0008 | Erindale Drive between Sulwood Drive and Sternberg Crescent |
| SLS 0009 | Florey Drive between Southern Cross Drive and Ginninderra Drive |
| SLS 0010 | Ginninderra Drive between Tillyard Drive and Kingsford Smith Drive |
| SLS 0011 | Ginninderra Drive between Ellenborough Street and Tucker Street |
| SLS 0012 | Gungahlin Drive between Wells Station Drive and Gundaroo Drive |
| SLS 0013 | Hindmarsh Drive between Dalrymple Street and Jerrabomberra Avenue |
| SLS 0014 | Hindmarsh Drive between Athllon Drive and Melrose Drive |
| SLS 0015 | Kingsford Smith Drive between Kuringa Drive and Spalding Street |
| SLS 0016 | Lady Denman Drive between Cotter Road and Barrenjoey Drive |
| SLS 0017 | Long Gully Road between Erindale Drive and Mugga Lane |
| SLS 0018 | Melrose Drive between Athllon Drive and Hindmarsh Drive |
| SLS 0019 | Monaro Highway between Canberra Avenue and Hindmarsh Drive |
| SLS 0020 | Monaro Highway between Hindmarsh Drive and Isabella Drive |
| SLS 0021 | Mugga Lane between Narrabundah Lane and Long Gully Road |
| SLS 0022 | Northbourne Avenue between Macarthur Avenue and Antill Street |
| SLS 0023 | Parkes Way between Clunies Ross Street and Glenloch Interchange |
| SLS 0024 | Tuggeranong Parkway between Lakeside Interchange and Cotter Road |
| SLS 0025 | Tuggeranong Parkway between Hindmarsh Drive and Cotter Road |
| SLS 0026 | Tuggeranong Parkway between Hindmarsh Drive and Sulwood Drive |
| SLS 0027 | Yamba Drive between Mawson Drive and Beasley Street |
Endnotes
Regulations amended
Republished as in force on 22 May 1998. See also SL 1998 Nos 27 and 28; 1999 Nos 13 and 16.
Notification
Notified in the Gazette on 5 October 1999.
© Australian Capital Territory 1999
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