Road Traffic (Miscellaneous) Variation Regulations 2009 (SA)

South Australia

Road Traffic (Miscellaneous) Variation Regulations 2009

under the Road Traffic Act 1961

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Road Traffic (Miscellaneous) Regulations 1999

1. Variation of regulation 4—Interpretation

2. Variation of regulation 14—Apparatus approved as photographic detection devices

3. Variation of regulation 17—Operation and testing of photographic detection devices referred to in regulation 14(1)(a) for offences committed at intersections, marked foot crossings or level crossings

4. Variation of regulation 19—Operation and testing of photographic detection devices referred to in regulation 14(1)(c)

5. Insertion of regulation 19AA

   19AAOperation and testing of photographic detection devices referred to in regulation 14(1)(d) for certain offences

6. Substitution of Schedule 4

   Schedule 4—Notice

Part 1—Preliminary

1—Short title

These regulations may be cited as the Road Traffic (Miscellaneous) Variation Regulations 2009.

2—Commencement

These regulations will come into operation on the day on which section 28 of the Statutes Amendment (Transport Portfolio) Act 2008 comes into operation.

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

1. Regulation 4(1)—after the definition of level crossing offence insert:

   reckless or dangerous driving offence means an offence against section 46(1) of the Act;

2. Regulation 4(1)—after the definition of red light offence insert:

   registration offence has the same meaning as in section 79B of the Act;

3. Regulation 4—after subregulation (1) insert:

   (2)In these regulations, intersection, level crossing, marked foot crossing, stop line and traffic lights have the same respective meanings as in the Australian Road Rules.

5—Variation of regulation 14—Apparatus approved as photographic detection devices

1. Regulation 14(1)(a)—delete "an offence against section 46(1) of the Act," and substitute:

   a reckless or dangerous driving offence, a registration offence,

2. Regulation 14(1)(c)—delete "an offence against section 46(1) of the Act" and substitute:

   a reckless or dangerous driving offence, a registration offence

3. Regulation 14(1)(d)—delete "an offence against section 46(1) of the Act," and substitute:

   a reckless or dangerous driving offence, a registration offence,

6—Variation of regulation 17—Operation and testing of photographic detection devices referred to in regulation 14(1)(a) for offences committed at intersections, marked foot crossings or level crossings

1. Regulation 17(1)(a)—delete paragraph (a)

2. Regulation 17—after subregulation (2) insert:

   (3)Where a photographic detection device referred to in regulation 14(1)(a) is used to provide evidence of reckless or dangerous driving offences or registration offences committed at an intersection, marked foot crossing or level crossing, the provisions of subregulation (2) must be complied with.

7—Variation of regulation 19—Operation and testing of photographic detection devices referred to in regulation 14(1)(c)

Regulation 19—after its present contents (now to be designated as subregulation (1)) insert:

(2)Where a photographic detection device referred to in regulation 14(1)(c) is used to provide evidence of reckless or dangerous driving offences or registration offences, the provisions of subregulation (1) must be complied with.

8—Insertion of regulation 19AA

After regulation 19 insert:

19AA—Operation and testing of photographic detection devices referred to in regulation 14(1)(d) for certain offences

Where a photographic detection device referred to in regulation 14(1)(d) is used to provide evidence of reckless or dangerous driving offences or registration offences, the provisions of regulation 19A must be complied with.

9—Substitution of Schedule 4

Schedule 4—delete Schedule 4 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's Deputy

with the advice and consent of the Executive Council

on 30 April 2009

No 49 of 2009