Road Transport (Safety and Traffic Management) Amendment Act 2025 (ACT)

Case

Road Transport (Safety and Traffic Management) Amendment Act 2025

A2025-21

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Road Transport (Safety and Traffic Management) Act 1999

4            Section 22A  3

5            Meaning of traffic offence detection deviceSection 23 (1) (a)  4

6            New section 23 (1) (a) (iii)  4

7           Regulation for approval etc of device or systemSection 24 (1)  4

8            New section 24 (1) (c)  4

9            Evidentiary certificates etcSection 25 (5) (e)  5

10          New section 25 (5) (ea)  5

11          Section 25 (10), new definition of mobile device  5

12          Dictionary, definition of average speed detection system  6

13          Dictionary, definitions of average speed limit and detection point           6

14          Dictionary, definitions of minimum travel time, mobile device and mobile device detection system  6

15          Dictionary, definition of shortest practicable distance  6

16          Dictionary, definition of shortest practicable route  6

17          Dictionary, definitions of speeding offence and speed measuring device    7

Part 3Road Transport (Safety and Traffic Management) Regulation 2017

18          New sections 11A and 11B  8

19          Average speed detection systems—Act, s 22ASection 12 (1) to (3)  8

20          Section 12 (4) and (5)  9

21          Approval of traffic offence detection devices—Act, s 24New section 13 (1) (ca)  9

22          New section 13 (1) (d) (iii)  9

23          New section 13 (5)  9

24          Requirements for images taken by traffic offence detection devices—Act, s 24 (2) (a) and (d)Section 15 (1)  10

25          Section 15 (1) (b) (ii)  10

26          Section 15 (2)  11

27          Schedule 1, part 1.2 heading  11

28          Dictionary, note 3  11

29          Dictionary, note 3  11

30          Dictionary, new definitions  12

Schedule 1 Other amendments  13

Part 1.1    Road Transport (General) Act 1999  13

Part 1.2    Road Transport (Road Rules) Regulation 2017              13

Road Transport (Safety and Traffic Management) Amendment Act 2025

A2025-21

An Act to amend the Road Transport (Safety and Traffic Management) Act 1999 and the Road Transport (Safety and Traffic Management) Regulation 2017, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Road Transport (Safety and Traffic Management) Amendment Act 2025.

  2. Commencement

    This Act commences on 3 November 2025.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Road Transport (Safety and Traffic Management) Act 1999 and the Road Transport (Safety and Traffic Management) Regulation 2017.

    NoteThis Act also amends other legislation (see sch 1).

Part 2Road Transport (Safety and Traffic Management) Act 1999

  1. Section 22A

    substitute

22ADefinitions—pt 6

(1)In this part:

average speed limit, for a driver of a vehicle on a road between 2 detection points if more than 1 speed limit applies between the points, means the average speed limit prescribed by regulation for the road between the points.

detection point means a point prescribed by regulation on a road by reference to which a vehicle’s average speed can be worked out.

shortest practicable distance means the distance between 2 detection points prescribed by regulation as the shortest distance between the points that a vehicle’s driver could use to travel on a road between the points without contravening a provision of the road transport legislation.

speeding offence means an offence against a provision of the road transport legislation of failing to obey a speed limit.

speed measuring device means a device designed to measure the speed at which a vehicle is travelling.

(2)In this section:

minimum travel time, for a shortest practicable route, means a time prescribed by regulation that a driver could travel the route without committing a speeding offence.

shortest practicable route, between 2 detection points, means a route prescribed by regulation, used to determine the minimum travel time between the points.

  1. Meaning of traffic offence detection device
    Section 23 (1) (a)

    after

    take images

    insert

    of 1 or more

  2. New section 23 (1) (a) (iii)

    insert

    (iii)a passenger in a vehicle mentioned in subparagraph (i); and

  3. Regulation for approval etc of device or system
    Section 24 (1)

    after

    take images

    insert

    of 1 or more

  4. New section 24 (1) (c)

    insert

    (c)a passenger in a vehicle mentioned in paragraph (a).

  5. Evidentiary certificates etc
    Section 25 (5) (e)

    omit

    stationary, but not parked

    substitute

    stationary but not parked,

  6. New section 25 (5) (ea)

    insert

    (ea)if the information indicates whether the driver of the vehicle, or a passenger in the vehicle, was wearing a seatbelt—that the vehicle was moving, or stationary but not parked, when the image was taken;

  7. Section 25 (10), new definition of mobile device

    insert

    mobile device—

    (a)includes a mobile phone and any other wireless hand-held or wearable device designed or capable of being used for telecommunication; but

    (b)does not include a CB radio or any other two-way radio.

    Examples—other wireless hand-held or wearable devices

    tablet computer, smart watch

  8. Dictionary, definition of average speed detection system

    omit

  9. Dictionary, definitions of average speed limit and detection point

    omit

    section 22A

    substitute

    section 22A (1)

  10. Dictionary, definitions of minimum travel time, mobile device and mobile device detection system

    omit

  11. Dictionary, definition of shortest practicable distance

    omit

    section 22A

    substitute

    section 22A (1)

  12. Dictionary, definition of shortest practicable route

    omit

  13. Dictionary, definitions of speeding offence and speed measuring device

    omit

    section 22A

    substitute

    section 22A (1)

Part 3Road Transport (Safety and Traffic Management) Regulation 2017

  1. New sections 11A and 11B

    in part 5, insert

11AMeaning of average speed detection system

In this regulation:

average speed detection system means a system designed to work out the average speed of a vehicle between 2 detection points by reference to the shortest practicable route between the detection points and the minimum travel time in which the route could be completed.

11BMeaning of minimum travel time and shortest practicable route—pt 5

In this part:

minimum travel time—see the Act, section 22A (2).

shortest practicable route—see the Act, section 22A (2).

  1. Average speed detection systems—Act, s 22A
    Section 12 (1) to (3)

    omit

    section 22A

    substitute

    section 22A (1)

  2. Section 12 (4) and (5)

    omit

    section 22A

    substitute

    section 22A (2)

  3. Approval of traffic offence detection devices—Act, s 24
    New section 13 (1) (ca)

    insert

    (ca)a seatbelt detection system;

  4. New section 13 (1) (d) (iii)

    insert

    (iii)a passenger in a vehicle mentioned in subparagraph (i).

  5. New section 13 (5)

    after the note, insert

    (5)In this section:

    mobile device—see the Act, section 25 (10).

    mobile device detection system means a system designed to—

    (a)detect the driver of a vehicle using a mobile device while driving; and

    (b)take images of the vehicle and the driver of the vehicle.

    seatbelt detection system means a system designed to—

    (a)detect whether the driver of a vehicle, or a passenger in the vehicle, is wearing a seatbelt; and

    (b)take images of the vehicle; and

    (c)take images of 1 or both of the following:

    (i)the driver of the vehicle; or

    (ii)a passenger in the vehicle.

  6. Requirements for images taken by traffic offence detection devices—Act, s 24 (2) (a) and (d)
    Section 15 (1)

    omit

    An image of a vehicle or the driver of a vehicle

    substitute

    An image of a vehicle, the driver of a vehicle, or a passenger in a vehicle

  7. Section 15 (1) (b) (ii)

    substitute

    (ii)for a traffic offence detection device designed to take an image of the driver of the vehicle—showing the driver; and

    (iii)for a traffic offence detection device designed to take an image of a passenger in the vehicle—showing the passenger; and

  8. Section 15 (2)

    substitute

    (2)For a traffic offence detection device designed to take an image of the driver of a vehicle or a passenger in a vehicle, the image must, as far as practicable, show only as much of the driver or passenger as is necessary to show the person in contravention of a provision of the road transport legislation.

  9. Schedule 1, part 1.2 heading

    substitute

Part 1.2Average speed detection systems

  1. Dictionary, note 3

    omit

    ·     average speed detection system (see s 22A)

    ·     mobile device detection system (see s 22A)

  2. Dictionary, note 3

    omit

    ·     speed measuring device

    substitute

    ·     speed measuring device (see s 22A)

  3. Dictionary, new definitions

    insert

    average speed detection system—see section 11A.

    minimum travel time, for part 5 (Traffic offence detection devices)—see the Act, section 22A (2).

    shortest practicable route, for part 5 (Traffic offence detection devices)—see the Act, section 22A (2).


Schedule 1Other amendments

(see s 3)

Part 1.1Road Transport (General) Act 1999

[1.1]Dictionary, definition of approved average speed detection system

omit

Part 1.2Road Transport (Road Rules) Regulation 2017

[1.2]Section 307A heading

substitute

307AStopping and parking exemption—mobile device detection system or seatbelt detection system

[1.3]Section 307A (1) (b)

after

mobile device detection system

insert

or seatbelt detection system

[1.4]Section 307A (3), new definition of seatbelt detection system

insert

seatbelt detection system means a seatbelt detection system approved under the Road Transport (Safety and Traffic Management) Regulation 2017, section 13 (1).

[1.5]Dictionary, definition of mobile device and note

substitute

mobile device—see the Road Transport (Safety and Traffic Management) Act 1999, section 25 (10).

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 13 May 2025.

  2. Notification

    Notified under the Legislation Act on 12 September 2025.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Road Transport (Safety and Traffic Management) Amendment Bill 2025, which was passed by the Legislative Assembly on 3 September 2025.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2025

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