25AEvidence of speed of vehicles—use of speed measuring devices

25A Evidence of speed of vehicles—use of speed measuring devices

(1) In this regulation, unless the contrary intention appears:

AS 4691.1 ‑ 2003 means the Australian Standard, Laser‑based speed detection devices, Part 1: Definitions and device requirements, published by Standards Australia on 12 August 2003.

authorised tester means a person holding an appointment under subregulation (4).

laser‑based device means a device, for measuring the speed of vehicles, of the type known as The Kustom Prolaser II or LTI 20‑20 TruSpeed.

radar device means a device, for measuring the speed of vehicles, of the type known as The Kustom Falcon.

registration number, in relation to a vehicle, means the figures, letters or figures and letters appearing on a number‑plate affixed to the vehicle, and issued or apparently issued by a competent authority or officer of the Commonwealth or a State or Territory.

relevant occasion means an occasion mentioned in subregulation (2) and concerning which evidence is adduced or sought to be adduced in proceedings mentioned in that subregulation.

speed measuring device means a device for measuring the speed of vehicles that is:

(a) a laser‑based device; or
(b) a radar device.

vehicle means a motor‑powered vehicle, and includes a service vehicle.

(2) Subject to subregulation (3), in proceedings before a court martial or Defence Force magistrate for an offence in which the speed of a vehicle on an occasion is a relevant fact or issue, evidence of the speed of the vehicle as measured on that occasion by means of a speed measuring device is evidence of the speed of the vehicle on that occasion. (3) Subregulation (2) does not apply unless the court martial or Defence Force magistrate that is hearing the proceedings is satisfied that: (a) the speed measuring device that was operated on the relevant occasion was, not more that 12 months before that occasion, tested in accordance with subregulation (5) or (5A), and met the criteria specified in paragraph (5) (a) or (5A) (a) when so tested; (b) the device was, upon completion of that test, sealed in accordance with subregulation (6); and (c) on the relevant occasion the device was operated in accordance with subregulation (7) or (7A). (4) An officer, not below the rank of brigadier, commodore or air commodore, may by instrument in accordance with Form 6 appoint an electrical engineer or an electronic technician as an authorised tester for the purposes of this regulation. (5) The requirements for testing a radar device are: (a) that the test is such as will ensure, with respect to the speed computing components of the device, that the device (if it passes the test) meets the following criteria: (i) the circuit is in accordance with the manufacturer’s circuit design, or any modification to that design approved by the manufacturer; (ii) the device is in a satisfactory electrical condition and a satisfactory state of maintenance; and (iii) the device is properly calibrated, and the frequencies at which the calibration is effected produce speed readings, within a limit of error plus or minus 2 kilometres per hour of true speeds, determinable from those frequencies; (b) that the person who conducts the test forthwith makes, signs and dates a statement containing the following information derived from the test: (i) the speeds at which the calibration was effected and the number of times at each speed that the calibration was effected; (ii) the type of the device; (iii) the identification number or symbols of the device; (iv) the date of the test; (v) the ambient temperature at the time of the test; and (vi) any other results of the test and any comments of that person on the test or its results; and (c) that the person who conducts the test is an authorised tester. (5A) The requirements for testing a laser‑based device are: (a) that the test is such as will ensure that the device (if it passes the test) meets the following criteria: (i) the optical output power of the device is within the specification provided by the manufacturer of the device, or any modification to that design approved by the manufacturer; (ii) the device is properly calibrated in accordance with the manufacturer’s instructions, and the frequencies at which the calibration is effected produce the following readings determinable from those frequencies: (A) for speed—within a limit of error plus or minus 2 kilometres per hour of true speeds; (B) for range—within a limit of accuracy of error plus 0.3 metres, or minus 0.4 metres (or plus 1 foot, or minus 2 feet), for both the short range and long range tests, and using either the simulator or physical method mentioned in AS 4691.1 ‑ 2003; and