Road Safety (General) (Prescribed Devices and Operator Onus Amendment) Regulations 2007

Road Safety (General) (Prescribed Devices and Operator Onus Amendment) Regulations 2007 S.R. No. 71/2007 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 1 3 Commencement 2 4 Principal Regulations 2 5 Preliminary breath test devices 2 6 Automatic detection devices 2 7 Use of automatic detection devices 2 8 Prescribed speed measuring devices 2 9 Testing of speed measuring devices 2 10 Sealing of speed measuring devices 3 11 Prescribed particulars of traffic infringement notice 3 12 New Part 6A inserted 3 PART 6A—OPERATOR ONUS 3 607 Prescribed period for making statements 3 608 Prescribed period for accepting or rejecting statements 5 13 Amendment of Schedule 4—Failure to provide information 5 ═══════════════ ENDNOTES 6 i -- 1 of 7 -- STATUTORY RULES 2007 S.R. No. 71/2007 Road Safety Act 1986 Road Safety (General) (Prescribed Devices and Operator Onus Amendment) Regulations 2007 The Governor in Council makes the following Regulations: Dated: 26 June 2007 Responsible Minister: TIM PALLAS Minister for Roads and Ports RUTH LEACH Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to amend the Road Safety (General) Regulations 1999— (a) to prescribe an additional preliminary breath testing device; and (b) to prescribe an additional automatic detection device; and (c) to prescribe periods for the purposes of Part 6AA of the Road Safety Act 1986; and (d) to further prescribe offences for which a traffic infringement notice may be served. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 1 -- 2 of 7 -- S.R. No. 71/2007 Road Safety (General) (Prescribed Devices and Operator Onus Amendment) Regulations 2007 r. 3 3 Commencement These Regulations come into operation on 1 July 2007. 4 Principal Regulations In these Regulations the Road Safety (General) Regulations 19991 are called the Principal Regulations. 5 Preliminary breath test devices In regulation 201 of the Principal Regulations— (a) in paragraph (c), for "SD-400PA." substitute "SD-400PA; and"; (b) after paragraph (c) insert— "(d) the Alcolizer LE.". 6 Automatic detection devices In regulation 302 of the Principal Regulations— (a) in paragraph (n), for "(DRCS-P)." substitute "(DRCS-P); and"; (b) after paragraph (n) insert— "(o) the automatic detection device known as the Tenix TSE Speed Camera System.". 7 Use of automatic detection devices In regulation 303(c) of the Principal Regulations, for "or (n)" substitute ", (n) or (o)". 8 Prescribed speed measuring devices In regulation 305(a) of the Principal Regulations, for "or (n)" substitute ", (n) or (o)". 9 Testing of speed measuring devices In regulation 306(b)(i) of the Principal Regulations, for "or (m)" substitute ", (m) or (o)". 2 -- 3 of 7 -- S.R. No. 71/2007 Road Safety (General) (Prescribed Devices and Operator Onus Amendment) Regulations 2007 r. 10 10 Sealing of speed measuring devices In regulation 307(a) of the Principal Regulations, for "or (n)" substitute ", (n) or (o)". 11 Prescribed particulars of traffic infringement notice In regulation 603(1)(c) of the Principal Regulations, after ' "The Owner" ' insert 'or "The Operator" '. 12 New Part 6A inserted After Part 6 of the Principal Regulations insert— "PART 6A—OPERATOR ONUS 607 Prescribed period for making statements (1) Subject to subregulation (2), for the purposes of sections 84BE(1)(a) and 84BF(1)(a) of the Act, the prescribed period is— (a) in the case of an infringement notice served in respect of an excessive speed infringement, the period beginning on the date of the notice and ending immediately before a conviction takes effect under section 89A(2) of the Act; Note Under section 89A(2) of the Act, a traffic infringement notice that is issued in respect of an excessive speed infringement, takes effect as a conviction for the offence specified in the notice 28 days after the date of the notice. (b) in the case of an infringement notice served in respect of any other operator onus offence— (i) if the infringement notice was served on a person other than a child and the offence is a lodgeable infringement offence within the meaning of the 3 -- 4 of 7 -- S.R. No. 71/2007 Road Safety (General) (Prescribed Devices and Operator Onus Amendment) Regulations 2007 r. 12 Infringements Act 2006, the period beginning on the date of the notice and ending immediately before the details of the infringement penalty in respect of that offence are lodged under section 54 of that Act; or (ii) if the infringement notice for that offence was served on a child, the period beginning on the date of the notice and ending immediately before the infringement penalty in respect of that offence is registered under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005; or (iii) if subparagraphs (i) and (ii) do not apply, the period beginning on the date of the notice and ending immediately before the expiry of the period for bringing a proceeding in relation to the offence to which the infringement notice relates. Note The period prescribed under paragraph (b) for making a statement under Part 6AA of the Act is the same period set out in section 22(2) of the Infringements Act 2006 for a person to apply to a relevant enforcement agency for internal review of a decision to serve an infringement notice under section 22 of the Infringements Act 2006. (2) If an extension of time to deal with, or object to, an infringement notice, has been granted under section 67 or 89B of the Act, the prescribed period for the purposes of 4 -- 5 of 7 -- S.R. No. 71/2007 Road Safety (General) (Prescribed Devices and Operator Onus Amendment) Regulations 2007 r. 13 sections 84BE(1)(a) and 84BF(1)(a) of the Act, is the extension of time granted under section 67 or 89B of the Act. 608 Prescribed period for accepting or rejecting statements For the purposes of section 84BE(6) of the Act, the prescribed period is 90 days beginning on the date that the enforcement official received the relevant statement.". 13 Amendment of Schedule 4—Failure to provide information In Schedule 4 to the Principal Regulations, for the item in respect of code 2144 substitute— "2144 An owner or a relevant nominated person failing to provide information when required RSA 60, 60A 6 penalty units". ═══════════════ 5 -- 6 of 7 -- S.R. No. 71/2007 Road Safety (General) (Prescribed Devices and Operator Onus Amendment) Regulations 2007 Endnotes ENDNOTES 1 Reg. 4: S.R. No. 27/1999. Reprint No. 3 as at 1 July 2006. Reprinted to S.R. No. 82/2006. Subsequently amended by S.R. Nos 158/2006 and 175/2006. 6 -- 7 of 7 --