Road Transport Legislation Amendment (Public Transport Lanes) Act 2004 (NSW)

An Act to amend the Road Transport (Safety and Traffic Management) Act 1999 to allow the use of approved traffic lane camera devices to detect offences involving vehicles driven in traffic lanes dedicated primarily for the use of public transport; to amend the Road Transport (General) Act 1999 to introduce operator onus enforcement of those offences; to make consequential amendments to the Criminal Procedure Act 1986 and other legislation; and for other purposes.

1Name of Act

This Act is the Road Transport Legislation Amendment (Public Transport Lanes) Act 2004.

2Commencement

This Act commences on the date of assent to this Act.

3Amendment of Acts and regulation

Each Act and regulation specified in Schedules 1–4 is amended as set out in those Schedules.

Schedule 1Amendment of Road Transport (Safety and Traffic Management) Act 1999 No 20

(Section 3)

[1]Part 4 Traffic control devices

Insert after Division 2:

Division 3Monitoring of public transport lane offences57AApproved traffic lane camera devices

In this Act:

approved traffic lane camera device means a device of a type approved by the Governor by order published in the Gazette as being designed to photograph a vehicle that is driven in a traffic lane on a road or a road related area and to record on any such photograph:

• (a)

  the date on which the photograph is taken, and

• (b)

  the time and location at which the photograph is taken, and

• (c)

  the direction and lane in which the vehicle activating the camera is travelling, and

• (d)

  the kind of traffic lane in which the vehicle activating the camera is travelling, and

• (e)

  such other information as may be prescribed by the regulations.

57BPhotographic evidence of public transport lane offences(1)

In this section:

authorised person means a person (or a person belonging to a class of persons) authorised by the Authority to install and inspect approved traffic lane camera devices.

public transport lane means a traffic lane on a road or road related area that is dedicated by or under this Act (whether continuously or at particular times) primarily for the use of coaches regardless of whether certain other vehicles, such as emergency vehicles, are also permitted to use the lane.

public transport lane offence means:

• (a)

  an offence against clause 96B (1) of the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999, or

• (b)

  an offence against rule 154 (1) of the Australian Road Rules within the meaning of the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999, or

• (c)

  any other offence of driving a vehicle in a public transport lane in contravention of the regulations that is prescribed by the regulations for the purposes of this definition.

(2)

In proceedings for a public transport lane offence:

• (a)

  one or more photographs tendered in evidence as photographs taken by means of the operation, on a specified day, of an approved traffic lane camera device or devices installed at a specified location or locations is or are taken to have been so taken (unless evidence to the contrary is adduced), and

• (b)

  evidence that a photograph tendered in evidence taken by an approved traffic lane camera device bears a security indicator of a kind prescribed by the regulations is evidence (unless evidence to the contrary is adduced) that the photograph has not been altered since it was taken, and

• (c)

  any such photograph is evidence (unless evidence to the contrary is adduced) of the matters shown or recorded on the photograph, and

• (d)

  evidence of the condition of an approved traffic lane camera device is not required unless evidence that the device was not in proper condition has been adduced.

(3)

When a photograph tendered in evidence is taken by an approved traffic lane camera device, a certificate purporting to be signed by an authorised person and certifying the following particulars is also to be tendered in evidence and is evidence (unless evidence to the contrary is adduced) of those particulars:

• (a)

  that the person is an authorised person,

• (b)

  that within 30 days (or such other period as may be prescribed by the regulations) before the time and day recorded on the photograph as the time at which and the day on which the photograph was taken, the person carried out the inspection specified in the certificate on the approved traffic lane camera device that took the photograph,

• (c)

  that on that inspection the approved traffic lane camera device was found to be operating correctly.

(4)

A single certificate may be tendered for the purposes of subsection (3) if more than one photograph taken by an approved traffic lane camera device is tendered in evidence, but only if:

• (a)

  each photograph is of the same vehicle, and

• (b)

  each photograph is taken on the same day at approximately the same time and at approximately the same location.

[2]Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Road Transport Legislation Amendment (Public Transport Lanes) Act 2004, but only in relation to the amendments made to this Act

[3]Dictionary

Insert in clause 1 in alphabetical order:

approved traffic lane camera device—see section 57A.

Schedule 2Amendment of Road Transport (General) Act 1999 No 18

(Section 3)

[1]Section 43 Liability of responsible person for vehicle for designated offences

Omit section 43 (1) (a) and (b). Insert instead:

(a)

in any case where the offence is dealt with under Division 1—the person satisfies the authorised officer under section 15 that:

• (i)

  the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or

• (ii)

  the actual offender would have a defence to any prosecution for the designated offence brought against the offender, or

(b)

in any other case—the person satisfies the court hearing the proceedings for the offence that:

• (i)

  the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or

• (ii)

  the actual offender would have a defence to any prosecution for the designated offence brought against the offender.

[2]Section 43 (4) and (7), headings

Omit “camera-detected traffic light offence or camera-recorded speeding offence” wherever occurring.

Insert instead “camera recorded offence”.

[3]Section 43 (4) (a), (5) (b), (7) and (8) (b)

Omit “camera-detected traffic light offence or camera-recorded speeding offence” wherever occurring.

Insert instead “camera recorded offence”.

[4]Section 43 (11)

Omit the definitions of camera-detected traffic light offence and camera-recorded speeding offence.

[5]Section 43 (11)

Insert in alphabetical order:

camera recorded offence means:

• (a)

  a public transport lane offence as defined in section 57B of the Road Transport (Safety and Traffic Management) Act 1999 in respect of which the penalty notice or the summons indicates that the offence was detected by an approved traffic lane camera device (within the meaning of that Act), or

• (b)

  a traffic light offence as defined in section 57 of the Road Transport (Safety and Traffic Management) Act 1999 in respect of which the penalty notice or the summons indicates that the offence was detected by an approved camera detection device (within the meaning of that Act), or

• (c)

  a speeding offence in respect of which the penalty notice or the summons indicates that the offence was detected by an approved speed measuring device and recorded by an approved camera recording device (within the meaning of the Road Transport (Safety and Traffic Management) Act 1999).

[6]Section 43 (11), definition of “designated offence”

Omit the definition. Insert instead:

designated offence means:

• (a)

  a camera recorded offence, or

• (b)

  a parking offence.

[7]Section 47 Proceedings for offences

Omit section 47 (3). insert instead:

(3)

In this section:

operator onus offence means a designated offence within the meaning of section 43.

[8]Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Road Transport Legislation Amendment (Public Transport Lanes) Act 2004, but only in relation to the amendments made to this Act

Schedule 3Amendment of Criminal Procedure Act 1986 No 209

(Section 3)

[1]Section 283 Law enforcement devices

Omit “or 57” from section 283 (1) (a). Insert instead “, 57 or 57B”.

[2]Section 283 (3) (a)

Insert “approved traffic lane camera device,” after “reliability of any”.

[3]Section 283 (3) (b)

Insert “approved traffic lane camera device,” after “in which any”.

[4]Section 283 (4)

Omit “or 57”. Insert instead “, 57 or 57B”.

[5]Section 283 (5)

Insert “, approved traffic lane camera device,” after “approved speed measuring device”.

[6]Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Road Transport Legislation Amendment (Public Transport Lanes) Act 2004, but only in relation to the amendments made to this Act

Schedule 4Amendment of Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999

(Section 3)

Insert after clause 156A:

156BSecurity indicators: section 57B (2) (b) of Act

For the purposes of section 57B (2) (b) of the Act, an identifier consisting of a series of 48 characters that is an individual combination of letters, numbers and symbols that has been produced by an MD5 algorithm is prescribed as a security indicator.