Road Traffic Act Amendment Act (No. 3) 1976 (WA)

WESTERN AUSTRALIA.

ROAD TRAFFIC (No. 3).

No. 135 of 1976.

AN ACT to amend section nineteen of the Road Traffic Act, 1974-1976 and to add thereto section ninety-eight A.

[Assented to 9th December, 1976.1

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Road Traffic and

Act Amendment Act (No. 3), 1976.	citation.
Act No. 59

(2) In this Act the Road Traffic Act, 1974-1976 of 1974 as amended

is referred to as the principal Act.

by Acts

Nos. 77 and

93 of 1975

and Nos. 17

(3) The principal Act as amended by this Act may and 48

be cited as the Road Traffic Act, 1974-1976. of 1976

No. 135.] Road Traffic (No. 3). [1976.

Section 19

amended.	2. Subsection (11) of section 19 of the principal Act is amended by adding after the word "semi- trailer" in line one the passage ", the tare weight of which exceeds two tonnes,".
Section 98A

added. 3. The principal Act is amended by adding after

section 98 a section as follows-

Speed

measuring	98A. (1) In this section
equipment.

"speed measuring equipment" means apparatus of a type approved by the Minister pursuant to subsection (2) of this section.

The Minister may, from time to time, by notice published in the Government Gazette, approve of types of apparatus for ascertaining the speed at which a vehicle is moving and may, by notice so published, revoke any such approval.

(2)

In any proceeding for an offence against this or any other Act or the regulations evidence may be given of the use of speed measuring equipment by a patrolman in relation to a vehicle and of the speed at which that vehicle was moving as ascertained by the use of that equipment, and that evidence is prima facie evidence of the speed at which that vehicle was moving at the time of the use of that equipment in relation to that vehicle.

(3)

(4)

In any proceeding such as is mentioned in subsection (3) of this section, evidence by a patrolman that apparatus used by him was speed measuring equipment within the mean- ing of this section is prima facie evidence of that fact.

1976.] Road Traffic (No. 3). [No. 135.

(5) Nothing in this section shall be construed as precluding or restricting the introduction of any competent evidence, whether in addition to, or independent of, any evidence for which provision is made by this section, bearing on the question of whether a person was or was not guilty of an offence against this or any other Act or the regulations. .