Road Traffic (Miscellaneous) Variation Regulations 2005 (SA)
South Australia
Road Traffic (Miscellaneous) Variation Regulations 2005
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
Variation of regulation 14—Apparatus approved as photographic detection devices
Variation of regulation 15—Prescribed provisions for purposes of section 79B
Redesignation of regulation 19A
Insertion of regulation 19A
19AOperation and testing of Safe-T-Cam photographic detection devices
Insertion of Part 3 Division 4
Division 4—Special provisions relating to Safe-T-Cam photographic detection devices
19BHeavy vehicles and minimum allowable travel time
19CSame person not liable for more than one offence evidenced by same electronic record
19DExpiation fee for certain Road Rules contraventions within 100 metres of Safe-T-Cam photographic detection device
19EEvasive action in relation to Safe-T-Cam photographic detection device
19FEvidentiary
Variation of Schedule 9—Expiation fees
Part 1—Preliminary
1—Short title
These regulations may be cited as the Road Traffic (Miscellaneous) Variation Regulations 2005.
2—Commencement
These regulations will come into operation on 18 April 2005.
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 GVM insert:
heavy vehicle means a motor vehicle that has a GVM greater than 4.5 tonnes;
Regulation 4—after the definition of road train insert:
Safe-T-Cam photographic detection device means a photographic detection device of a kind referred to in regulation 14(d) that includes a camera that, when activated, makes an electronic record of a vehicle at one of 2 points on a road, which electronic record, when used in conjunction with an electronic record of the vehicle made by another such camera at the other point, may be used for the purposes of calculating the time taken for the vehicle to travel, or the speed of the vehicle, between the 2 points;
5—Variation of regulation 14—Apparatus approved as photographic detection devices
Regulation 14—after paragraph (c) insert:
(d)in relation to a speeding offence or prescribed heavy vehicle driving offence—
(i)a system incorporating the following modules:
(A)a Model P359 visual scene camera manufactured by PIPS Technology Inc;
(B)a Model P358 infrared flash unit manufactured by PIPS Technology Inc;
(C)a Model P357 roadside processor manufactured by PIPS Technology Inc;
(D)a Model P366 vehicle detection camera manufactured by PIPS Technology Inc or such a camera together with an induction loop vehicle detector; or
(ii)a system incorporating the following modules:
(A)a Model P359 visual scene camera manufactured by PIPS Technology Inc;
(B)a Model P358 infrared flash unit manufactured by PIPS Technology Inc;
(C)a Talon Automatic Number Plate Recognition roadside processor manufactured by APPIAN Technology PLC;
(D)a Model P366 vehicle detection camera manufactured by PIPS Technology Inc or such a camera together with an induction loop vehicle detector; or
(iii)a system incorporating the following modules:
(A)a Kodak Digital Traffic Camera MegaPlus KDTC 2.0;
(B)a HYMOD roadside processor manufactured by CSIRO.
Regulation 14—after its present contents as amended by this regulation (now to be designated as subregulation (1)) insert:
(2)In this regulation—
prescribed heavy vehicle driving offence means—
(a)an offence against regulation 19B; or
(b)an offence against any of the following provisions of the Road Traffic (Driving Hours) Regulations 1999:
(i)the provisions of Part 2 Division 2;
(ii)the provisions of Part 3 Division 2;
(iii)the provisions of Part 4 Division 7;
(iv)the provisions of Part 5;
(v)regulation 125;
(vi)regulation 134.
6—Variation of regulation 15—Prescribed provisions for purposes of section 79B
Regulation 15—after paragraph (c) insert:
(d)regulation 19B of these regulations (Heavy vehicles and minimum allowable travel time);
(e)the following provisions of the Road Traffic (Driving Hours) Regulations 1999:
(i)the provisions of Part 2 Division 2 (Driving, work and rest times of regulated hours drivers);
(ii)the provisions of Part 3 Division 2 (Driving, work and rest times of TFMS drivers);
(iii)the provisions of Part 4 Division 7 (General driving record offences);
(iv)the provisions of Part 5 (Extended offences);
(v)regulation 125 (Failure to comply with conditions of exemptions);
(vi)regulation 134 (False and misleading statements to Minister and authorised persons).
7—Redesignation of regulation 19A
Regulation 19A—redesignate the regulation as regulation 19G
8—Insertion of regulation 19A
After regulation 19—insert:
19A—Operation and testing of Safe-T-Cam photographic detection devices
Where a Safe-T-Cam photographic detection device is used to provide evidence of an offence, the following provisions must be complied with:
(a)the camera forming part of the device must be positioned and aimed so that, when activated, an electronic record is made of the number plate of the vehicle activating it;
(b)the date, time and code for the location at which the electronic record of a vehicle is made must be recorded on the electronic record;
(c)when the device is set up at a given location or temporarily moved or repaired, a person must make a check to ensure that the device is correctly positioned and aimed as referred to in paragraph (a) and correctly indicates on an electronic display the date, time and code for the location where the electronic records are made by the camera;
(d)if—
(i)a check; or
(ii)an electronic record made by the camera,
indicates a fault that has affected the proper operation of the device as required by this regulation, those electronic records affected by the fault must be rejected for evidentiary purposes.
9—Insertion of Part 3 Division 4
Part 3—after Division 3 insert:
Division 4—Special provisions relating to Safe-T-Cam photographic detection devices
19B—Heavy vehicles and minimum allowable travel time
(1)The driver of a heavy vehicle must not take a shorter length of time than the minimum allowable travel time when driving the vehicle between 2 Safe-T-Cam photographic detection devices.
(2)The minimum allowable travel time between 2 particular Safe-T-Cam photographic detection devices is the time determined in respect of those devices by the Minister from time to time and notified in the Gazette.
(3)For the purposes of calculating a driver's travel time between 2 Safe-T-Cam photographic detection devices, any rest time recorded in the driver's logbook under the Road Traffic (Driving Hours) Regulations 1999 as having been taken between the devices may be deducted from the driver's travel time.
19C—Same person not liable for more than one offence evidenced by same electronic record
(1)A person may not be found guilty of a relevant offence relating to a vehicle on the basis of evidence of an electronic record, produced through the operation of a Safe-T-Cam photographic detection device, of the number plate of the vehicle if—
(a)the person has been found guilty of another relevant offence on the basis of evidence of the same electronic record; or
(b)the person has expiated another relevant offence and the allegation relating to that other relevant offence was based on evidence of the same electronic record.
(2)In this regulation—
relevant offence means a speeding offence or an offence against regulation 19B.
19D—Expiation fee for certain Road Rules contraventions within 100 metres of Safe-T-Cam photographic detection device
Despite regulation 45 and Schedule 9, the expiation fee for an alleged offence constituted of contravention by the driver of a heavy vehicle of any of the following provisions of the Australian Road Rules is $343 if the contravention takes place within 100 metres of a Safe-T-Cam photographic detection device:
(a)rule 95 (1) (Driving in emergency stopping lane);
(b)rule 126 (Failing to keep safe distance behind other vehicles);
(c)rule 127 (1) (Failing to keep required minimum distance behind long vehicle);
(d)rule 132 (2) (Failing to keep to left of dividing line);
(e)rule 146 (1) (Failing to drive within single marked lane);
(f)rule 147 (Moving from one marked lane to another marked lane across continuous line);
(g)rule 150 (1) (Driving on or across continuous white line);
(h)rule 215 (1) (Using lights when driving at night or in hazardous weather conditions).
19E—Evasive action in relation to Safe-T-Cam photographic detection device
The driver of a heavy vehicle must not take any action, other than a contravention referred to in regulation 19D, designed to avoid an electronic record being made through the operation of a Safe-T-Cam photographic detection device of the number plate of the vehicle as the vehicle is driven towards or away from the photographic detection device.
19F—Evidentiary
In proceedings for a speeding offence, a document produced by the prosecution, purporting to be signed by the Minister and certifying the shortest distance, expressed in metres, that would be travelled by a vehicle on a road between 2 points, will be accepted as proof, in the absence of proof to the contrary, of the distance so certified.
10—Variation of Schedule 9—Expiation fees
Schedule 9, Part 5, entry relating to regulation 44 (1)—before the entry relating to regulation 28 insert:
r 19B (1)
Heavy vehicles and minimum allowable travel time
$343
r 19E
Evasive action in relation to Safe-T-Cam photographic detection device
$343
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's Deputy
with the advice and consent of the Executive Council
on 14 April 2005
No 20 of 2005
MTRAN17/04CS
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