Road Safety (General) (Safety Cameras and Other Amendments) Regulations 2006

i Road Safety (General) (Safety Cameras and Other Amendments) Regulations 2006 S.R. No. 175/2006 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 2 3. Commencement 2 4. Principal Regulations 2 5. Definitions 2 6. Certificates 4 7. Owner-onus offences 4 8. Automatic detection devices 5 9. Use of automatic detection devices 5 10. Prescribed speed measuring devices 6 11. Testing of speed measuring devices 6 12. Sealing of speed measuring devices 6 13. Process for production of printed image 7 14. Prescribed process—owner-onus 8 15. Additional Schedule inserted 9 SCHEDULE 1A—Certificate under Section 78A 9 16. Drink driving infringements 9 ═══════════════ ENDNOTES 11 -- 1 of 12 -- 1 STATUTORY RULES 2006 S.R. No. 175/2006 Road Safety Act 1986 Road Safety (General) (Safety Cameras and Other Amendments) Regulations 2006 The Governor in Council makes the following Regulations: Dated: 19 December 2006 Responsible Minister: TIM PALLAS Minister for Roads and Ports JUSTINE FRANKLIN Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Road Safety (General) Regulations 1999 to— (a) provide for evidentiary matters relating to speeding offences detected by reference to the average speed of a motor vehicle; and (b) further provide for proof of the applicable speed limit; and (c) prescribe additional automatic detection devices; and (d) amend the description of certain drink- driving infringements to show whether the driver was under the age of 26 years and therefore subject to automatic licence disqualification; and (e) make consequential amendments. -- 2 of 12 -- S.R. No. 175/2006 Road Safety (General) (Safety Cameras and Other Amendments) Regulations 2006 2 2. Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3. Commencement (1) These Regulations (except regulation 16) come into operation on 19 December 2006. (2) Regulation 16 comes into operation on 1 January 2007. 4. Principal Regulations In these Regulations, the Road Safety (General) Regulations 1999 1 are called the Principal Regulations. 5. Definitions In regulation 105 of the Principal Regulations— (a) insert the following definitions— ' "approved camera" means a camera, or a camera belonging to a class of cameras, approved by the Chief Commissioner of Police; "data relating to the calculation of average speed", in relation to a motor vehicle, means— (a) the time at which the motor vehicle passed the first point; and (b) the time at which the motor vehicle passed the second point; and (c) the shortest distance, expressed in metres, that would be travelled by a motor vehicle between the 2 points; and r. 2 -- 3 of 12 -- S.R. No. 175/2006 Road Safety (General) (Safety Cameras and Other Amendments) Regulations 2006 3 (d) the calculation of the average speed of the motor vehicle in accordance with section 78(2) of the Act;'; (b) for the definition of "control unit" substitute— ' "control unit" means— (a) the part of an automatic detection device referred to in regulation 302(d), (e), (f), (g), (h), (i), (j), (k), (l), (m) or (n) that is a computer that processes images captured by a camera and creates a digital file in respect of those images; or (b) a computer that processes images captured by an approved camera and creates a digital file in respect of those images;'; (c) in the definition of "digital file"— (i) after "control unit" insert ", or by the process prescribed in regulation 313A,"; (ii) after paragraph (b) insert— "(ba) in relation to an offence of exceeding a speed limit which is to be prosecuted by reference to the average speed of a motor vehicle, data relating to the calculation of that average speed; and"; r. 5 -- 4 of 12 -- S.R. No. 175/2006 Road Safety (General) (Safety Cameras and Other Amendments) Regulations 2006 4 (d) for the definition of "digital image" substitute— ' "digital image" means an image, or electronic copy of an image, of— (a) a vehicle or part of a vehicle that has been processed by a control unit; or (b) a speed-limit sign referred to in the Road Safety (Road Rules) Regulations 1999 2 ;'; (e) in the definition of "speed calculation unit", for "or (k)" substitute ", (k), (l), (m) or (n)"; (f) in the definition of "vehicle detectors", for "or (k)" substitute ", (k), (l), (m) or (n)". 6. Certificates (1) Insert the following heading to regulation 106 of the Principal Regulations— "Certificates under section 78A, 83A or 84". (2) In regulation 106(2) of the Principal Regulations, after "83A(1)" insert "of the Act". (3) After regulation 106(2) of the Principal Regulations insert— "(3) For the purposes of section 78A of the Act, the prescribed form for a certificate as to the shortest distance that would be travelled on a road between 2 points is the form set out in Schedule 1A.". 7. Owner-onus offences (1) For the heading to Division 1 of Part 3 of the Principal Regulations substitute— "Division 1—Automatic detection devices and prescribed processes". r. 6 -- 5 of 12 -- S.R. No. 175/2006 Road Safety (General) (Safety Cameras and Other Amendments) Regulations 2006 5 (2) Insert the following heading to regulation 301 of the Principal Regulations— "Offences detected by automatic detection devices or prescribed processes". (3) At the end of regulation 301 of the Principal Regulations insert— "(2) For the purposes of section 66 of the Act the prescribed offence which may be detected by the process prescribed in regulation 313A is exceeding the applicable speed limit.". 8. Automatic detection devices In regulation 302 of the Principal Regulations— (a) in paragraph (k), for "FDSC." substitute "FDSC; and"; (b) after paragraph (k) insert— "(l) the automatic detection device known as the ROBOT TRAFFIPAX TraffiPhot III SR; and (m) the automatic detection device known as the ROBOT TRAFFIPAX TraffiStar SR520; and (n) the automatic detection device known as the Gatsometer Digital Radar Camera System—Parabolic (DRCS–P).". 9. Use of automatic detection devices (1) In regulation 303(c) of the Principal Regulations, for "or (k)" substitute ", (k), (l), (m) or (n)". r. 8 -- 6 of 12 -- S.R. No. 175/2006 Road Safety (General) (Safety Cameras and Other Amendments) Regulations 2006 6 (2) For regulation 303(c)(ii) of the Principal Regulations substitute— "(ii) the vehicle detectors— (A) in the case of a device referred to in regulation 302(n), have been placed in position as specified by the manufacturer; or (B) in any other case, have been placed across the road (whether on or under the surface of the road) and are approximately parallel to each other and separated as specified by the manufacturer; and". 10. Prescribed speed measuring devices In regulation 305(a) of the Principal Regulations, for "or (k)" substitute ", (k), (l), (m) or (n)". 11. Testing of speed measuring devices (1) In regulation 306(b)(i) of the Principal Regulations, for "or (k)" substitute ", (k), (l) or (m)". (2) After regulation 306(b)(ii) of the Principal Regulations insert— "(iia) in the case of an automatic detection device referred to in regulation 302(n), the frequencies generated at which calibration is effected indicate speed readings within a limit of error not greater than or less than 2 kilometres per hour of the true speeds determinable from those frequencies;". 12. Sealing of speed measuring devices In regulation 307(a) of the Principal Regulations, for "or (k)" substitute ", (k), (l), (m) or (n)". r. 10 -- 7 of 12 -- S.R. No. 175/2006 Road Safety (General) (Safety Cameras and Other Amendments) Regulations 2006 7 13. Process for production of printed image In regulation 313(1) of the Principal Regulations— (a) omit "(1)" (where first occurring); (b) after "prescribed process" insert "used in the prescribed manner"; (c) for "81(1)(c) and 81(2)" substitute "81(1)(c), 81(2), 83A(1) and 84(7)"; (d) in paragraph (a), after "control unit" insert "or by the process prescribed in regulation 313A"; (e) in paragraph (b)(i) omit "by the control unit"; (f) in paragraph (c)(i), after "driven" insert "or the digital image was captured by an approved camera"; (g) in paragraph (c)(ii)— (i) after "printed image" insert "(other than an image captured by an approved camera)"; and (ii) after "speed" (where thirdly occurring) insert "or average speed"; (h) after paragraph (c)(ii) insert— "(iia) if the printed image is produced from a digital file created by the process prescribed in regulation 313A, data relating to the calculation of the average speed of the vehicle; and". r. 13 -- 8 of 12 -- S.R. No. 175/2006 Road Safety (General) (Safety Cameras and Other Amendments) Regulations 2006 8 14. Prescribed process—owner-onus After regulation 313 of the Principal Regulations insert— "313A. Prescribed process For the purposes of section 66 of the Act, the following process is prescribed— (a) a computer receives from 2 or more automatic detection devices digital files each containing— (i) a digital image of the same motor vehicle; and (ii) data indicating the date on which, and the time and place at which, the image was captured by the automatic detection device; and (iii) data indicating the speed limit at the time and place at which the image was captured; and (b) using that data the computer calculates the average speed of the motor vehicle in accordance with section 78(2) of the Act; and (c) the computer creates a digital file containing the matters referred to in paragraphs (a) and (b).". r. 14 -- 9 of 12 -- S.R. No. 175/2006 Road Safety (General) (Safety Cameras and Other Amendments) Regulations 2006 9 15. Additional Schedule inserted After Schedule 1 to the Principal Regulations insert— "SCHEDULE 1A Regulation 106(3) CERTIFICATE UNDER SECTION 78A I am a licensed surveyor within the meaning of the Surveying Act 2004 and I am approved by— *the Surveyor-General *the Roads Corporation for the purposes of section 78A of the Road Safety Act 1986. I certify that the shortest distance, expressed in metres, that would be travelled by a motor vehicle on the [identify road] between: (a) [describe first point on road] and (b) [describe second point on road] is [insert number of metres] metres. Signature of person issuing certificate: Name: Date: * Delete if inapplicable __________________". 16. Drink driving infringements In Schedule 4 to the Principal Regulations, for item 1993 substitute— "1991 Drive or be in charge of a motor vehicle with— (a) blood alcohol level of 0·05 or more but less than 0·07g/100ml; or RSA 49 3 penalty units r. 15 -- 10 of 12 -- S.R. No. 175/2006 Road Safety (General) (Safety Cameras and Other Amendments) Regulations 2006 10 (b) breath alcohol level of 0·05 or more but less than 0·07g/210 litres of exhaled air— and— (c) RSA 52 (zero blood or breath alcohol) does not apply to the person; and (d) the person holds a full driver's licence and is aged 26 years or older at the time of the infringement 1992 Drive or be in charge of a motor vehicle with— (a) blood alcohol level of 0·05 or more but less than 0·07g/100ml; or (b) breath alcohol level of 0·05 or more but less than 0·07g/210 litres of exhaled air— and— (c) RSA 52 (zero blood or breath alcohol) does not apply to the person; and (d) the person holds a full driver's licence and is aged under 26 years at the time of the infringement". RSA 49 3 penalty units ═══════════════ r. 16 -- 11 of 12 -- S.R. No. 175/2006 Road Safety (General) (Safety Cameras and Other Amendments) Regulations 2006 11 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. No. 158/2006. 2 Reg. 5(d): S.R. No. 120/1999. Reprint No. 1 as at 15 December 2002. Reprinted to S.R. No. 116/2002. Subsequently amended by S.R. Nos 83/2004, 178/2004, 129/2005, 176/2005 and 22/2006. Endnotes -- 12 of 12 --