Traffic Amendment (Variable Speed Limits) Act 1998 (NSW)

New South Wales

Traffic Amendment (Variable Speed

Limits) Act 1998 No 27

Contents

Page

1 Name of Act	2
2 Commencement	2

3	Amendment of Traffic Act 1909 No 5	2
4	Further amendment of Traffic Act 1909 No 5	2

Schedule 1 Amendments 3

New South Wales

Traffic Amendment (Variable Speed

Limits) Act 1998 No 27

Act No 27, 1998

An Act to amend the Traffic Act 1909 with respect to variable speed limits and certificate evidence of speeding offences. [Assented to 3 June 1998]

Section 1 Traffic Amendment (Variable Speed Limits) Act 1998 No 27

The Legislature of New South Wales enacts:

1 Name of Act

This Act is the Traffic Amendment (Variable Speed Limits) Act

1998.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Amendment of Traffic Act 1909 No 5

The Traffic Act 1909 is amended as set out in Schedule 1.

4 Further amendment of Traffic Act 1909 No 5

The Traffic Act 1909 is further amended by omitting from a provision of that Act, as amended by this Act, the words “public street” wherever occurring and by inserting instead the words “ road or road related area” .

Traffic Amendment (Variable Speed Limits) Act 1998 No 27

Amendments Schedule 1

Schedule 1 Amendments

(Section 3)

[1]        Section 2 Definitions

Insert in alphabetical order in section 2 (1):

variable speed limit sign, in relation to a length of public

street, means a speed limit sign prescribed by the regulations that is capable, by an illuminated face, of displaying at different times different figures indicating the speed limit fixed for that length of public street.

[2]        Section 4A Speed limits

Omit section 4A (3). Insert instead:

(3)

The Authority:

(a)	may, at any time, with respect to any length ,of public street (not being within a shared traffic zone) give a direction fixing the speed limit applicable to that length of public street, or
(b)	may, at any time, with respect to any length of public street (not being within a shared traffic zone) that is indicated by a sign prescribed by the regulations to be a variable speed limit area or zone give a direction that the speed limit applicable to that length of public street at any particular time is to be:

(i)       the speed limit that is determined in respect of that time in a manner or by use of a device, approved by the Authority, and that is displayed for that length of public street at that time by means of a variable speed limit sign, or

(ii)      if no speed limit is displayed for that length of public street at that time by means of a variable speed limit sign, the speed limit

Traffic Amendment (Variable Speed Limits) Act 1998 No 27

Schedule 1 Amendments

fixed by the Authority for that length of public street and displayed by a speed limit sign prescribed by the regulations that appears underneath the unilluminated face of the variable speed limit sign,

and any speed limit so determined and displayed, or so fixed, is taken for the purposes of this Act, or any other instrument, to be the speed limit fixed in accordance with a direction given by the Authority under this subsection.

[3 ]        Section 4AC Photographic evidence of speeding offence

(4) (b).

Omit “on the day recorded on the photograph as” from section 4AC the photograph as the time at which and” .

[4]        Section 4AC (4) (d)

Insert after section 4AC (4) (c):

(d)

if the speed limit was displayed by means of a variable speed limit sign:

(i)	that the variable speed limit sign was located at the place specified in the certificate and fixed the speed limit for a length of public street specified in the certificate, and
(ii)	that the speed limit displayed on the variable speed limit sign was the speed limit specified in the certificate, and
(iii)	that the speed limit was displayed on the day specified in the certificate and, if the speed limit was displayed for only part of that day, that the time of commencement of the display of that speed limit on that day and the time of cessation of the display of that speed limit on that day were the times respectively specified in the certificate.

Traffic Amendment (Variable Speed Limits) Act 1998 No 27

Amendments Schedule 1

[5]        Schedule 1 Savings, transitional and other provisions

Insert in Schedule 1 (with appropriate Part and clause numbers):

Part

Provisions consequent on enactment of

Traffic Amendment (Variable Speed Limits)

Act 1998

Savings provision

The repeal and re-enactment of section 4A (3) by the Traffic Amendment (Variable Speed Limits) Act 1998 does not affect any direction given by the Authority under that subsection that was in force immediately before the repeal and re-enactment, and any such direction continues in force, under and subject to this Act, as if that subsection had not been repealed and re-enacted by the Traffic Amendment (Variable Speed Limits) Act 1998.

[Minister's second reading speech made in—

Legislative Assembly on 20 May 1998

Legislative Council on 27 May 1998]