Road Traffic (Miscellaneous) Variation Regulations 2003 (SA)
South Australia
Road Traffic (Miscellaneous) Variation Regulations 2003
under the Road Traffic Act 1961
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of Road Traffic (Miscellaneous) Regulations 1999
Variation of regulation 4—Interpretation
Substitution of Part 3
Part 3—Photographic detection devices
Division 1—Preliminary
14Apparatus approved as photographic detection devices
15Prescribed provisions for purposes of section 79B
Division 2—Notices
16Notices for purposes of section 79B(5) and (6)
Division 3—Operation and testing of photographic detection devices
17Operation and testing of certain photograph detection devices for red light offences, speeding offences or red light and speeding offences arising out of the same incidents
18Operation and testing of certain photographic detection devices for red light offences
19Operation and testing of certain photographic detection devices for speeding offences
Substitution of Schedules 4 and 5
Schedule 4—Notice
Part 1—Preliminary
1—Short title
These regulations may be cited as the Road Traffic (Miscellaneous) Variation Regulations 2003.
2—Commencement
These regulations will come into operation on 15 December 2003.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Road Traffic (Miscellaneous) Regulations 1999
4—Variation of regulation 4—Interpretation
Regulation 4—after the definition of public place insert:
recording media—
(a)in relation to a wet film camera—means a film magazine;
(b)in relation to a digital or other electronic camera—means any disk, card or other thing used to store electronic records made by the camera;
5—Substitution of Part 3
Part 3—delete Part 3 and substitute:
Part 3—Photographic detection devices
Division 1—Preliminary
14—Apparatus approved as photographic detection devices
Pursuant to section 79A of the Act, the following are approved as photographic detection devices:
(a)in relation to a red light offence, a speeding offence or a red light offence and a speeding offence arising out of the same incident—
(i)a Traffipax Traffiphot III-SR manufactured by Robot Visual Systems GmbH of Germany, linked to and used in conjunction with an induction loop vehicle detector;
(ii)a Traffipax Traffiphot III-SRD manufactured by Robot Visual Systems GmbH of Germany, linked to and used in conjunction with an induction loop vehicle detector;
(b)in relation to a red light offence (other than a red light offence arising out of the same incident as a speeding offence)—
(i)a Gatso RLC 36, manufactured by Gatsometer BV of Holland, linked to and used in conjunction with an induction loop vehicle detector;
(ii)an Image Master TC1SH red light camera, manufactured by Image Applications Pty Ltd, linked to and used in conjunction with an induction loop vehicle detector;
(c)in relation to a speeding offence (other than a speeding offence arising out of the same incident as a red light offence)—a device (other than a device referred to in paragraph (a)) consisting of a camera that forms part of or is linked to a traffic speed analyser, where the camera is designed to operate as part of or in conjunction with, and is used as part of or in conjunction with, the traffic speed analyser.
15—Prescribed provisions for purposes of section 79B
For the purposes of the definition of prescribed offence in section 79B(1) of the Act, the following provisions are prescribed:
(a)section 46(1) of the Act (Reckless or dangerous driving);
(b)the following provisions of the Australian Road Rules:
(i)the provisions of Part 3 (Speed-limits);
(ii)rule 59(1) (Proceeding through a red traffic light);
(iii)rule 60 (Proceeding through a red traffic arrow);
(c)the following provisions of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 1999:
(i)regulation 9A(1) (Speed-limits applying to driving of road trains);
(ii)regulation 9A(2) (Speed-limits applying to driving of road trains);
(iii)rule 9B(1) (Speed-limit applying in built-up areas).
Division 2—Notices
16—Notices for purposes of section 79B(5) and (6)
For the purposes of section 79B(5) and (6) of the Act, a notice that accompanies an expiation notice, expiation reminder notice or summons must be in the form set out in Schedule 4 and contain the information and instructions set out in that form.
Division 3—Operation and testing of photographic detection devices
17—Operation and testing of certain photograph detection devices for red light offences, speeding offences or red light and speeding offences arising out of the same incidents
(1)In this regulation—
relevant offences means—
(a)red light offences; or
(b)speeding offences; or
(c)red light offences and speeding offences arising out of the same incidents.
(2)Where a photographic detection device referred to in regulation 14(a) is used to provide evidence of relevant offences committed at an intersection, the following provisions must be complied with:
(a)the camera forming part of the device must be positioned and aimed so that the vehicles to be photographed by the camera may be photographed from the rear when proceeding into the intersection and the photographs also depict the traffic light at the intersection towards which the vehicles are facing when proceeding towards the intersection;
(b)the induction loop vehicle detector (induction loop) must be installed under the road surface on the intersection side of the stop line before which vehicles must stop if the traffic light is showing a steady red signal;
(c)if the device is used to provide evidence of speeding offences only, the device must be programmed and set to operate, and the induction loop and traffic light must be linked up with the device, so that if the device registers a vehicle as passing over the induction loop at a speed equal to or greater than a speed set on the device—
(i)an exposure is taken, or an electronic record is made, of that vehicle from the rear and the date, time and code for the location at which the exposure is taken, or the electronic record is made, together with the lane in which the vehicle is travelling, are recorded on the exposure or electronic record; and
(ii)after a programmed delay, a second exposure is taken, or a second electronic record is made, of that vehicle from the rear and the date, time and code for the location at which the exposure is taken, or the electronic record is made, together with the lane in which the vehicle is travelling, the speed of the vehicle as registered by the device and the speed set on the device, are recorded on the exposure or electronic record;
(d)if the device is used to provide evidence of red light offences only, the device must be programmed and set to operate, and the induction loop and traffic light must be linked up with the device, so that—
(i)each time that the traffic light changes to a steady red signal the induction loop is activated after a programmed delay and each time that the traffic light changes from a steady red signal the induction loop is deactivated; and
(ii)while the induction loop is activated—
(A)the camera takes an exposure, or makes an electronic record, of a vehicle passing over the induction loop; and
(B)the date, time and the code for the location at which the exposure is taken, or the electronic record is made, together with the lane in which that vehicle is travelling, are recorded on the exposure or electronic record; and
(iii)after a programmed delay, as that vehicle or both that vehicle and other vehicles proceed over the intersection—
(A)the camera takes a second exposure, or makes a second electronic record, of that vehicle; and
(B)the date, time and the code for the location at which the exposure is taken, or the electronic record is made, together with the lane in which the vehicle is travelling, are recorded on the exposure or electronic record;
(e)if the device is used to provide evidence of red light offences and speeding offences arising out of the same incidents, the device must be programmed and set to operate, and the induction loop and traffic light must be linked up with the device, so that—
(i)each time that the traffic light changes to a steady red signal the induction loop is activated after a programmed delay and each time that the traffic light changes from a steady red signal the induction loop is deactivated; and
(ii)while the induction loop is activated—
(A)the camera takes an exposure, or makes an electronic record, of a vehicle passing over the induction loop; and
(B)the date, time and the code for the location at which the exposure is taken, or the electronic record is made, together with the lane in which that vehicle is travelling, are recorded on the exposure or electronic record; and
(iii)after a programmed delay, as that vehicle or both that vehicle and other vehicles proceed over the intersection—
(A)the camera takes a second exposure, or makes a second electronic record, of that vehicle; and
(B)the date, time and the code for the location at which the exposure is taken, or the electronic record is made, together with the lane in which the vehicle is travelling, are recorded on that exposure or electronic record; and
(C)if the device registers that vehicle as proceeding at a speed equal to or greater than a speed set on the device—the speed of the vehicle as registered by the device and the speed set on the device are also recorded on that exposure or electronic record;
(f)subject to paragraph (g), once in every 7 days while the device is being used to provide evidence of speeding offences—
(i)a test must be carried out using the camera's test mode (by reference to speeds not exceeding the speed-limit applying to drivers driving vehicles through the intersection) to ensure that the camera and induction loop operate correctly as referred to in paragraph (c) or (e); and
(ii)if a fault is indicated, corrective action must be taken and the test referred to in subparagraph (i) must be repeated until no fault is indicated by the camera in its testing mode;
(g)if that part of the road surface under which the induction loop is installed is marked with two or more lanes for vehicles travelling in the same direction, the test referred to in paragraph (f)(i) is not required to be carried out in relation to each such lane in the same 7 day period provided that, once in every 7 days, the test is carried out in relation to one of those lanes and the lane in relation to which the test is carried out is not the same as the lane in relation to which the previous test was carried out;
(h)once in every 7 days while the device is being used to provide evidence of red light offences—
(i)a test must be carried out using the camera's testing mode (by reference to green light cycles) to ensure that the camera and induction loop operate correctly as referred to in paragraph (d) or (e); and
(ii)if a fault is indicated, corrective action must be taken and the test referred to in subparagraph (i) must be repeated until no fault is indicated by the camera in its testing mode;
(i)after a person relocates the device with recording media in place, that person must do the following:
(i)ensure that the camera is correctly positioned and aimed as referred to in paragraph (a) and that the induction loop is correctly installed as referred to in paragraph (b);
(ii)if the device is being used for the purpose of providing evidence of speeding offences, ensure that the test referred to in paragraph (f)(i) is carried out to ensure that the camera and induction loop operate correctly as referred to in paragraph (c) or (e);
(iii)if the device is being used for the purpose of providing evidence of red light offences, ensure that the test referred to in paragraph (h)(i) is carried out to ensure that the camera and induction loop operate correctly as referred to in paragraph (d) or (e);
(iv)if a fault is indicated, take corrective action and repeat the relevant test until no fault is indicated by the camera in its testing mode;
(j)if—
(i)a test; or
(ii)in the case of a wet film camera—the film when developed; or
(iii)in the case of a digital or other electronic camera—any electronic record made by camera,
indicates a fault that has affected the proper operation of the device as required by this subregulation, that part of the film affected by the fault, or those electronic records affected by the fault, (as the case may be), must be rejected for evidentiary purposes;
(k)the accuracy with which the device registers vehicle speeds must be tested on the day on which it is used (or on a day within the period of 6 days immediately preceding that day) with a view to the issuing of a certificate under section 175(3)(ba) of the Act.
18—Operation and testing of certain photographic detection devices for red light offences
Where a photographic detection device referred to in regulation 14(b) is used to provide evidence of red light offences committed at an intersection, the following provisions must be complied with:
(a)the camera forming part of the device must be positioned and aimed so that the vehicles to be photographed by the camera may be photographed from the rear when proceeding into the intersection and the photographs also depict the traffic light at the intersection towards which the vehicles are facing when proceeding towards the intersection;
(b)the induction loop vehicle detector (induction loop) must be installed under the road surface on the intersection side of the stop line before which the vehicles must stop if the traffic light is showing a steady red signal;
(c)the camera, the induction loop and the traffic light must be linked up and the camera programmed so that—
(i)each time that the traffic light changes to a steady red signal the induction loop is activated after a programmed delay and each time that the traffic light changes from a steady red signal the induction loop is deactivated; and
(ii)while the induction loop is activated—
(A)the camera takes an exposure of a vehicle passing over the induction loop; and
(B)the date, time and the code for the location at which the exposure is taken are recorded on the exposure; and
(iii)after a programmed delay, as that vehicle or both that vehicle and other vehicles proceed over the intersection and the traffic light continues to show a steady red signal—
(A)the camera takes a second exposure of that vehicle; and
(B)the date, time and the code for the location at which the exposure is taken are recorded on the exposure;
(d)after a person inserts a film magazine into the camera or relocates the camera with a film magazine in place, that person must do the following:
(i)ensure that the camera is correctly positioned and aimed as referred to in paragraph (a) and, if the camera is relocated, that the induction loop is correctly installed as referred to in paragraph (b);
(ii)carry out a test using the camera's testing mode (by reference to green light cycles) to ensure that the camera and induction loop operate correctly as referred to in paragraph (c);
(iii)if a fault is indicated, take corrective action and repeat the test referred to in subparagraph (ii) until no fault is indicated by the camera in its testing mode;
(e)if a test or the film when developed indicates a fault that has affected the proper operation of the device as required under this regulation, that part of the film affected by the fault must be rejected for evidentiary purposes.
19—Operation and testing of certain photographic detection devices for speeding offences
Where a photographic detection device referred to in regulation 14(c) is used to provide evidence of speeding offences, the following provisions must be complied with:
(a)the device must be programmed, positioned and set to operate so that when the device registers a vehicle as proceeding at a speed equal to or greater than a speed set on the device—
(i)the camera forming part of or linked to the device takes an exposure, or makes an electronic record, of that vehicle from the front or from the rear; and
(ii)the date, time and code for the location at which the exposure is taken, or the electronic record is made, together with the speed and direction of travel of the vehicle as registered by the device, are recorded on the exposure or electronic record;
(b)after a person—
(i)sets up the device at a given location; or
(ii)inserts recording media into the camera at that location; or
(iii)relocates the device with recording media in place,
the person must make a check to ensure that the device—
(iv)correctly indicates on an electronic display the date, time and code for the location where exposures are taken, or electronic records are made, by the camera; and
(v)is set to operate in accordance with the provisions of paragraph (a);
(c)the checks referred to in paragraph (b) must be repeated immediately before the device is removed from a given location;
(d)if—
(i)a check; or
(ii)in the case of a wet film camera—the film when developed; or
(iii)in the case of a digital or other electronic camera—any electronic record made by the camera,
indicates a fault that has affected the proper operation of the device as required by this regulation, that part of the film affected by the fault, or those electronic records affected by the fault, (as the case may be), must be rejected for evidentiary purposes;
(e)if a photograph produced from an exposure or electronic record obtained in accordance with the provisions of paragraph (a) depicts the whole or part of more than 1 vehicle—
(i)in the portion of the photograph specified by the device's manufacturer as the portion that should depict the vehicle whose speed is being registered; and
(ii)travelling in the direction recorded on the exposure or electronic record as the direction of travel of the vehicle whose speed is being registered,
that photograph must be rejected for evidentiary purposes;
(f)the accuracy with which the device registers vehicle speeds must be tested on the day on which it is used (or on the day immediately preceding that day) with a view to the issuing of a certificate under section 175(3)(ba) of the Act.
6—Substitution of Schedules 4 and 5
Schedules 4 and 5—delete Schedules 4 and 5 and substitute:
Schedule 4—Notice
(Section 79B(5) and (6))
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 11 December 2003
No 242 of 2003
CTSA2002/07261
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