Traffic Act 1909 Motor Traffic Amendment (Speed Measuring Devices) Regulation 1996 (1996-611) [GG No 146 of 13.12.1996] (NSW)

1996 No 611

New South Wales

Motor Traffic Amendment (Speed

Measuring Devices) Regulation 1996

under the

Traffic Act 1909

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Traffic Act 1909.

MICHAEL KNIGHT, MP

Minister for Roads

Explanatory note

Section 4AB (1) of the Traffic Act 1909 provides that in proceedings for an offence in which evidence is given of a measurement of speed obtained by the use of an approved speed measuring device, a certificate signed by a police officer certifying that the device was tested in accordance with the regulations is admissible and is prima facie evidence of the particulars so certified.

The Motor Traffic Regulations 1935 currently provides that radar speed measuring devices must be tested in accordance with the relevant Australian Standard. The object of this Regulation is to provide that non-radar speed measuring devices must be tested in accordance with the manufacturer’s recommended calibration (ie adjusting and testing) method as approved by the Commissioner of Police.

This Regulation is made under the Traffic Act 1909, including section 4AB.

Published in Gazette No 146 of 13 December 1996, page 8271 Page 1

1996 No 611

Clause 1 Motor Traffic Amendment (Speed Measuring Devices) Regulation 1996

Motor Traffic Amendment (Speed Measuring

Devices) Regulation 1996

1 Name of Regulation

This Regulation is the Motor Traffic Amendment (Speed
Measuring Devices) Regulation 1996.

2     Amendment of Motor Traffic Regulations 1935

The Motor Traffic Regulations 1935 are amended as set out in

Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

Schedule 1 Amendment

(Clause 2 )

Regulation 139

Omit the regulation. Insert instead:

139 Testing of speed measuring devices

For the purposes of section 4AB ( 1) (b) of the Act:

an approved speed measuring device that is a radar based device must be tested for accuracy and functional requirements in accordance with Australian Standard 2898—Radar Speed Detection, and
any other approved speed measuring device must be tested for accuracy and functional requirements in accordance with the manufacturer’s recommended calibration method as approved by the Commissioner of Police, and

the prescribed time is 12 months.